This section contains legal updates relating to Employment Law, Health & Safety and Environmental Legislation and Regulation.
The World Cup kicks off in less than a month and will run through until mid - July and with one home team through to the competition, there’s sure to be strong interest and high spirits – whether you’re on their side or not!
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With the election result now clear, and a new Conservative – Liberal Democrat coalition Government installed, employers will be keen to know what the impact of the change of Government is likely to mean for them.
Don’t see the light!New regulations to protect workers from the dangers of artificial light came into force on the 27 April 2010.
Tool hire firms have removed tools from their shelves after a Which?, a product-testing and campaigning charity, investigation revealed safety faults.
The FSA has welcomed progress made by companies representing more than five thousand UK pubs to help their customers make healthier choices.
Employers are putting millions of UK workers at risk as a result of lax fire safety procedures, warns insurance company RSA.
Legislative changes occurring up to April 2010 have now been built into Mentor’s Environmental Guidance Notes. These have been uploaded to the ‘client area’ at www.rbsmentor.co.uk.
ISO 14001:2004, which provides the requirements for Environmental Management Systems, continues to report growth despite the recession.
The introduction of Britain’s first coalition Government in 65 years has heralded a shake-up in environmental policy.
On 24 May the Chancellor, George Osborne and the Chief Secretary to the Treasury, David Laws announced the first step in tackling the deficit, setting out details of how the Government will save over £6billion from spending during this financial year.
In 2009, more than 4,000 employees suffered major injuries after falling from height at work, and 21 workers in the construction industry died.
The government has announced the new rates for the National Minimum Wage, effective from 1st October.
The volcanic explosion in Iceland resulting in the closure of UK and much of European airspace for several days is unprecedented.
With the prospect of a change of government or even a hung parliament, business owners and managers will want to know what’s likely to be in store for them after the result is announced.
Here is a summary of regulations that have come into force throughout April.
The launch of the new fit note means that instead of giving patients a sick note saying they are too ill to work, GPs will have to decide whether a person may be fit for work with some support, and what employers can do to help them return.
The HSE has a major campaign to improve safety at bulk LPG installations
Allergy tests available at private clinics and high street shops, including Holland & Barrett, are claimed to be misleading consumers by convincing them they have allergies that may not exist.
Landfill tax rose to £48 a tonne on the 1st April and is set to continue to rise by £8 a tonne until at least 2013.
A campaign by the Environment Agency to tackle illegal scrap metal activity in the North West has led to over 20 prosecutions and 18 formal cautions in less than 2 years.
A Malvern man was recently sentenced to a total of 12 months imprisonment for illegally depositing and storing controlled waste - namely used tyres at his workplace and home.
New legislation has come into force that allows the HMRC to publicise details of individuals and companies who evade taxes.
The 6th April 2010 will see the introduction of a new right for employees to request time off for training.
The final reading of the Government’s flagship Equality Bill took place on Tuesday 23rd March. This means that the Bill will almost certainly become law before the General Election and its main provisions are expected to come into effect this autumn.
The new "Fit Note" comes into effect from 6th April 2010 and replaces the current MED3 sick note.
The Department of Health is inviting responses to a consultation on a strategy to tackle the growing problem of COPD in England.
The European Agency for Safety and Health at Work has issued a publication which gives an overview of the present and future trends expected in relation to occupational health, the main workplace risks and their prevention.
Thousands of people with serious industrial diseases who cannot trace their employers insurance records should be able to claim compensation thanks to recent Government proposals.
The Notification of Conventional Tower Cranes Regulations 2010 comes into force on 6 April 2010. Under these regulations, certain information about conventional tower cranes used on construction sites must be notified to the HSE.
We often get asked a wide range of questions while in conversation with clients. Have a look at some of the questions asked this month and our response.
Environmental Permitting (England and Wales) Regulations 2010 will extend the system of environmental permits to cover water discharge consents, groundwater authorisations and radioactive substances regulation.
The government is revising the list of waste activities that are exempt from environmental permitting.
New legislation has come into force that will allow the HMRC to publicise details of individuals and companies who evade taxes. From the 1st of April 2010, details of these persons will be published on the HMRC website.
A Chinese restaurant that served customers cockroach-infested rice has been fined £70,000 by a magistrate who called its hygiene standards 'absolutely outrageous'
The dates for filing private limited company accounts changed and now need to be filed within nine months of the year end.
“Blacklists”, used by some employers when selecting people for work, promotion or other treatment at work, are to be outlawed by the Government.
The updated rates for various statutory payments, including sick pay, maternity pay and redundancy pay have recently been announced. Mentor keeps up to date with all changes in legislation, so you don’t have to.
A recent employment tribunal case has reinforced the importance of employers adhering to basic policies and procedures when dealing with complaints from employees.
A construction company based in Gateshead has been ordered to pay £4,500 after one of its workers was seriously injured when the forklift truck telehandler he was operating overturned.
A Welsh construction company has been fined after one of its employees suffered a fatal head injury at a site in Gloucestershire.
The Chartered Institute of Personnel and Development (CIPD) has produced a booklet with updated advice on stress at work and the influence that management behaviour has on such matters. It is aimed at managers and human resources (HR) personnel.
Spot checks on hundreds of vehicles will take place in the coming weeks as part of a new drive to ensure that loads are being transported securely.
The Environment Agency has been granted new civil powers to fight environmental crime. This will make it easier to punish businesses and individuals who breach environmental regulations.
More and more businesses wish to state that their operations or products are 'carbon neutral' in order to demonstrate a commitment to tackling climate change. However until recently there has been no definition of what was meant by 'carbon neutral'
A Buckinghamshire company has pleaded guilty to Section 85 (1) & (6) of the Water Resources Act 1991 relating to the discharge of polluted water into the Cauldwell Brook and River Maun.
Following a report by Sir Roger Singleton, the Chairman of the Independent Safeguarding Authority (ISA) on aspects of the Vetting and Barring scheme, the Government has introduced a new definition of “regulated activities”.
Now that 2010 is here, take some time to check that you are up to date on the employment measures scheduled to come into force this year.
The Business Secretary, Lord Mandelson, has announced an additional public holiday in 2012 as part of a “Diamond Jubilee Weekend” in commemoration of the 60th year since the Queen’s coronation.
Further details have just been announced on the progress of the Government’s workplace pension proposals. The Government-backed scheme has now been named the National Employment Savings Trust.
The Trades Union Congress (TUC) is calling on the Government to change the law placing a new general duty on directors to ensure they are legally responsible for health and safety failings.
The international waste management company, Veolia ES Cleanaway (UK) Ltd, has been fined £150,000 for health and safety breaches following a major chemical fire in Preston which closed two motorways.
The high street retailer New Look has been fined £400,000 and ordered to pay £136,052 in costs after pleading guilty to serious breaches of the Regulatory Reform (Fire Safety) Order 2005 – the RRO.
Turbo Power Systems Ltd was fined £3,000 and ordered to pay £3,000 in costs after it pleaded guilty to three breaches of health and safety legislation. The firm also admitted liability and agreed to pay the employee £20,000 compensation plus legal costs.
Baby bottles containing the chemical Bisphenol A (BPA) should be banned because there is ‘compelling’ evidence linking it to breast cancer risk, campaigners, scientists and health charities have recently said.
Regulations banning the disposal of waste industrial batteries to landfill or by incineration came into force on 1st January 2010.
Regulations banning the disposal of waste automotive batteries to landfill or by incineration came into force on 1st January 2010.
One of the UK’s largest wine importers was ordered to pay more than £35,000 in fines and costs for failing to meet all of its obligations under Waste Packaging Regulations.
As part of the pension reforms announced by the government in 2003, the normal minimum pension age will rise from 50 to 55 from 6 April 2010.
The current weather conditions across Britain have been causing confusion and concern with regards to Employment Law. Read on to find out the answers to the FAQs we’ve been receiving via the Advice Service as a result of the adverse weather.
Whether you have been prepared or not for the weather conditions of late, employers have legal duties to ensure the workplace remains safe.
It's nearly the end of 2009 and many business owners will be breathing a sigh of relief that they have made it to 2010; it has not been an easy business climate. Why not try our quiz and check you’re fully up-to-date?
The European Chemicals Agency is producing a set of simplified versions of Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) guidance documents, with the aim of making the guidance more accessible and understandable.
The largest fine in United States Health and Safety History has been given to British Petroleum following an explosion at its Texas oil refinery in 2005.
The latest HSE statistics show that Britain became a healthier and safer place to work last year.
73% of companies do not comply with Visual Display Unit (VDU) regulations by only funding either eye tests or the cost of any glasses required, but not both, as they should do.
The Health and Safety Executive (HSE) has released a consultation document outlining how it plans to implement a European Union (EU) Directive (2006/25/EC) to protect workers from hazardous sources of artificial light.
In Wales, you can now produce up to 500kg (increased from 200kg) of hazardous waste in any 12-month period without registering with the Environment Agency.
The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009, which are due to enter into force on 1st January 2010, will amend The Waste Electrical and Electronic Equipment Regulations 2006.
The Environment Agency (EA) has urged courts to issue tougher fines for businesses that pollute in order to help continue a downward trend in the number of serious incidents.
New legislation is to be introduced to counter the exploitation of sideways loss relief and double tax relief through the use of avoidance schemes.
In the current economic climate, new graduates are finding it increasingly hard to find work. The government is promoting businesses taking on graduate ‘interns’ for work experience as a potential benefit to both graduates and businesses.
The government has announced that it will press ahead with getting legislation to improve the rights of agency workers through parliament before the general election next summer.
The government has published draft rules on how proposals for Additional Paternity Leave will work. It has also confirmed its intention to introduce the new rules for parents of babies born after 3rd April 2011.
The prosecution of a North Wales company for two separate incidents on the same machine has resulted in a warning being issues by the HSE.
Safety campaigners have warned that a new generation of workers is at risk unless building trades get to grips with Britain's biggest workplace killer – asbestos.
Companies and organisations that cause death through gross breaches of care could face fines of more than £500,000 and be forced to make a statement about offences on their website.
Leading fast food chain Kentucky Fried Chicken is facing a high profile court case after being charged with several food hygiene offences. Breaches of the Environmental Health Standards were discovered in several KFC restaurants.
The Food Standards Agency is warning those business owners in Hackney to be on the alert for fraudsters who claim they are from the FSA.
New Groundwater Regulations 2010 revoke and replace the Groundwater Regulations 1998 and implement an EU Directive which requires the prevention or limitation of certain substances into groundwater.
The Government is revising the list of waste activities that are exempt from environmental permitting. Draft regulations have been published and are expected to come into force in England and Wales on 6th April 2010.
The British Standards Institution (BSI) has announced the development of ‘Publicly Available Specification (PAS) 2060’, a new standard which aims to ensure a consistent approach to businesses claims of carbon neutrality.
On 1 January 2010 the standard rate of VAT changes from 15% to 17.5%. The Government are introducing special rules for certain businesses that will be open for trade beyond midnight 2009.
The Attorney General, Baroness Scotland, has been ordered to pay a civil penalty of £5,000 for employing a housekeeper who was not legally able to work in the UK.
The Government’s new Vetting and Barring Scheme went “live” on 12th October. The Mentor Employment Law team has been looking at the Scheme and its implications for your business.
Despite ruling that employers may lawfully retire employees at age 65, in a case brought by Age UK, the High Court has confirmed that this law requires reviewing.
An HSE review of the 1981 Regulations which took place in 2005 found there was an identified need to update the first aid training requirements. The new training regime for first aiders in the workplace was implemented on 1 October 2009.
The Health and Safety Executive has launched a campaign to inform migrant construction workers based in London about on-site health and safety.
The HSE have published updated guidance for organisations who intend to conduct their own firework displays and bonfires. It is aimed at people running firework displays that set off the fireworks themselves but have no specialist knowledge.
According to a new study by The Work Foundation, nearly half of all absences from work are attributable to musculoskeletal disorders.
An Eastleigh based company has been found guilty of three breaches of the Control of Substances Hazardous to Health Regulations (as amended) 2002. They were fined £27,500 and ordered to pay costs of £10,700.
A beef, pork and lamb abattoir in Surrey has been fined nearly £28,000 after admitting breaching trade effluent limits.
A company based in Crawley has been ordered to pay £23,406 after failing to comply with the Producer Responsibility Obligations (Packaging Waste) Regulations 2007
On 1st September the EU commenced the mandatory phase out of 100W and old fashioned (frosted incandescent) light bulbs.
From 1st December 2008 the standard rate of VAT was reduced to 15% for a period of 13 months. That period is rapidly coming to an end so what do you have to consider when changing back to 17.5% from 1st January 2010?
The new scheme, under which employers must carry out checks on staff who come into contact with children or vulnerable adults, comes into effect from 12th October in England and Wales (Scotland in 2010).
Here is an ‘at-a-glance’ time table of expected employment law changes. Mentor will keep you informed of changes legislation and law and any action you should take.
Gordon Brown has announced at the Trade Union Congress conference that the Government will delay its proposed extension of maternity pay and the facility for mothers to transfer part of their maternity leave to fathers until after the general election.
The Prime Minister has announced that legislation will be pushed through as soon as possible to extend agency workers’ rights.
The National Minimum Wage is to increase from 1 October. The adult rate will rise from £5.73 to £5.80. Rates for 18-21 year olds increase by 6p to £4.83 and for 16-17 year olds it will increase by 4p to £3.57.
A recent case in the European Court of Justice (ECJ) has ruled that workers who are sick during periods of holiday leave should be allowed to take the holiday at a different time.
Cardiff Crown Court recently heard of how two people died after inhaling toxic fumes emitted from a warm-air central-heating system. It had been serviced by a gas fitter the previous month but he had neglected to clean out the boiler’s flue.
BUPA Care Homes was recently fined £15,000 and ordered to pay £10,500 costs after an 80-year quadriplegic fell from bed whilst being dressed by a lone, inexperienced care assistant.
Research by Fleet News has found that tens of thousands of county council employees are using their own vehicles for work without their employers carrying out even the most basic checks, for example, checking that vehicles have a valid MOT.
Do you have bent, broken or battered ladders in your workplace? From now until 31st December 2009 anyone with a broken, damaged or bent ladder can part exchange it for a new one with discounts of up to 50%.
Restaurant chain TGI Friday's has been fined £30,000 after pleading guilty to a catalogue of hygiene offences. Environmental Health officers conducted a surprise visit after being alerted by several customer complaints.
A Yorkshire chain of shoe shops has been fined £20,000 for packaging waste offences committed over a five year period.
The London based soft drinks company, Red Bull Ltd, was ordered to pay a record £271, 800 after failing to register with the Environmental Agency as a producer of packaging waste.
A Plymouth trawler company has been fined £20,000 after admitting that one of its fishing vessels polluted Plymouth harbour with diesel oil in October 2008. The Environment Agency had previously warned the company in 2007 following a less serious spill.
Treasury Minister Stephen Timms has suggested that Chancellor Alistair Darling will use his Pre-Budget Report later this year to step up action on UK companies’ use of tax avoidance schemes and tax havens.
The Government’s Vetting and Barring Scheme for people who work with children or vulnerable adults is set to happen from 12th October. The Scheme is being introduced as a result of recommendations made following the Soham murders.
ACAS, the advisory, conciliation and arbitration service, has published its annual statistics for the year up to 31st March 2009.
The Government’s consultation on proposed new rights for Agency Workers closed on 31st July and it now looks increasingly likely that the government will seek to put legislation on the statute book before a general election.
Nine people died and 33 were injured after a catastrophic explosion at ICL Plastics in Glasgow in 2004. The explosion was caused by corroded pipework which led to a build up of liquefied petroleum gas in the building’s basement.
Researchers from the London School of Hygiene and Tropical Medicine have found that there is no evidence that organically produced foods are nutritionally superior to conventionally produced foodstuffs.
The new service aimed to relive pressure on GPs and the NHS has gone live. People who are concerned about swine flu symptoms can log on or phone to get a unique access number. They will be told where their nearest antiviral collection point is.
A Birmingham skip hire company and its director have been sentenced for carrying out an illegal waste operation. During a visit to the land occupied by the Company, the Environment Agency witnessed the illegal deposit of various skips of waste.
Two businesses have been fined a total of £20,000 after hazardous waste residue was left in storage drums sent to a scrap yard. The Court heard that it was only a matter of luck that the contaminated drums had not caught fire when they were crushed.
In 2003 the Government introduced new capital allowances treatment for plant & machinery which was seen as being beneficial to the environment, particularly in relation to reduction in water usage.
The House of Lords has recently considered the question of holiday entitlement for employees on long-term sick leave- and failed to answer it.
Recent publicity surrounding British Airways’ request has prompted employers to ask, ‘Can BA do this?’ and, more importantly, ‘Can I?’ But changing employees’ terms and conditions is a risky business and could land employers who get it wrong in court.
The Equality Bill, due to come into force during 2010-11, includes measures designed to achieve equality of outcome rather than just outlawing discrimination. This is likely to impact employers of all sizes.
The HSE and the Local Authorities Coordinators of Regulatory Services are joining together to tackle the £20 billion cost of workplace death, injury and illness. The partnership aims to implement a new standard of enforcement by March 2001.
Although there are regulations relating to minimum temperatures in the workplace, the recent heatwave has prompted calls to introduce rules around maximum temperatures.
A shake-up of regulations relating to first aid in the workplace is on the cards. Changes include new training guidelines, more training options and shorter courses and annual refresher training.
Shell International Ltd has been fined £300,000 and ordered to pay costs of £45,000 as a result of pleading guilty to serious breaches of Fire Safety legislation.
Recent Waste Management changes relate to the disposal of batteries, environmental permits for mines and quarries and a revised Waste Duty of Care Code of Practice.
When is waste ‘waste’ and how can you avoid being fined £10,000 for packaging offences. Read our update to find out more.
Next year, everyone will need to fill out their tax returns online and make payment electronically. We tell you how to go about registering now.
Watch out...there are tax fraudsters about! Fraudsters posing as HMRC officers are asking individuals to part with personal and banking details under the guise of offering tax refunds. Read our update to ensure you’re not caught out.
The HM Revenue & Customs (HMRC) have changed the reporting requirements for company cars. From April 2009 only cars provided or removed from employees will need to be reported on the quarterly P46 (Car) return.
The HSE has published advice to businesses on how they can benefit financially from more efficient safety practices.
Where you have provided your employees with benefits and expenses that require reporting on P11D you should ensure that the return reaches HMRC by 6 July. You will have to meet the new quality standards if you intend sending your P11D’s in paper form.
The Government has outlined its proposals to introduce a new ‘Fit note’ to replace the current MED3 sick note. The ‘fit note’ will come into affect in April 2010.
Workers in the baking industry in Britain regularly work with flour as an ingredient. Workers who are exposed to flour and other bakery dusts can develop asthma unless steps are taken to prevent it.
In June 2008, the Department of the Environment Food and Rural Affairs (Defra) issued a consultation on the Controls on the Handling, Transfer and Transport of Waste.
HSE has published new guidance for Local Authorities whose employees inspect the management of health and safety in care homes in 2009/10. The guide aims to reduce injuries and incidences of ill health in care homes.
A national plant hire company has been fined £12,000 for a diesel oil leak which polluted a local river and one of its tributaries in October 2008. The company also admitted breaching Oil Storage Regulations.
From April 2009 HMRC introduced automatic penalties for those who do not comply with the National Minimum Wage (NMW). Employers who fail to pay the minimum wage will now face automatic financial penalties.
BERR and Defra, working closely with the Devolved Administrations and the environment agencies, have produced regulations that establish the legislative framework for the collection, treatment and recycling of waste batteries and accumulators in the UK.
The potential impact of the recent extension of the law against discrimination on the grounds of religion or belief has been highlighted by a recent employment tribunal case concerning an environmentalist.
On the 3rd of June 2009 the HSE launched its new strategy with an aim to involve everyone within the workforce in order to improve Britain’s health and safety record.
It was recently announced that Sir Alan Sugar has been taken on as the Government’s “Enterprise Champion”.
As of 1st April 2009, the Environment Agencies in England, Northern Ireland and Wales have revised their policies for disposing of gypsum waste to landfill.
The vetting and barring scheme that will affect employers in England and Wales has been delayed for another year. Employers will not now be required to make the new checks on employees until November 2010.
In the Budget, Alasdair Darling set out proposals to increase the statutory minimum redundancy payments. In line with the government’s aim to introduce new legislation in April and October, it is likely this change will take affect in October 2009.
The Hazardous Waste (England and Wales) Regulations 2005 were amended on 6th April 2009. The main change included a widening of the scope of the exemption from requirement to be registered as a hazardous waste producer.
The Occupational Health Clinical Effectiveness Unit has recently developed a guideline stating that better education is needed for healthcare workers regarding the treatment for dermatitis and the risk it poses for growth of bacteria on the skin.
Is swarf classed as hazardous or special waste? This was a question asked recently by a client. Find out what the answer is here...
The Low Pay Commission has announced the National Minimum Wag rates that will apply from the 1st of October 2009.
A run down of the budget announcement for 2009 made last month by Alasdair Darling.
Upon a recent inspection from the Environmental Agency, a waste transfer station in England was found to be in serious breach of Environmental Permitting Regulations. They were fined a total of £25,000.
The government has announced that from the 1st October 2009 changes in the law will prevent employers in the service sector from using tips towards payment of National Minimum Wage. This could have a significant affect on employers in this sector.
Swine flu is a respiratory disease and has some elements of a virus found in pigs. There is no evidence of this disease circulating in pigs in the UK and scientists are investigating its origins.
From 6 April 2009, you will have to send your starter and leaver notifications online if you have 50 or more employees.
Representatives from the UK have been unable to secure a deal on changes to the Working Time Directive that would allow the UK to retain the 48 hour working week “opt-out” provisions.
One of the best ways to make life easier for you and your business is to make sure you have a current dispensation for expenses and benefits in place.
The Health and Safety Executive has developed and published new guidance for individuals and businesses who are involved in the property developing business.
ISO 14001 is an internationally recognised Environmental Management System (EMS) which when externally certified helps to confirm that organisations are meeting a set of standards and are continually improving in terms of environmental performance.
Figures just released by the Employment Tribunals Service show an increase of claims to employment tribunals of 42%, up from 132,577 claims in 2006 / 2007 to 189,303 claims in 2007 / 2008.
The Health and Safety Executive (HSE) is recruiting outreach workers to work alongside its inspectors and compliance officers to increase interaction with migrant workers in the construction industry
If you pay HMRC by BACS, CHAPS, Internet, Direct Debit or telephone banking you will have to notify your bank of the new account details for HMRC.
The 1st of April was the deadline for all gas workers to be signed up to the newly named Gas Safe Register. This register replaces the requirement for all gas workers to be registered with CORGI.
Employees have the right to have a colleague or trade union officer accompany them to at disciplinary and grievance hearings, employers are sometimes faced with employees who wish to bring a non-employee to a disciplinary or grievance hearing.
The Chartered Institute of Environmental Health (CIEH) has found that as many as fifty per cent of pub and club owners are failing to protect their staff from excessive noise at work.
From the beginning of April, the standard rate Landfill Tax increases by £8/tonne to £40/tonne with the lower rate remaining the same at £2.50/tonne. It’s never been a better time to minimise your waste production.
The Employment Appeals Tribunal has ruled it unlawful to make it a condition of applying for a job that an applicant is actually entitled to work in the UK.
Confusion over how to deal with cured paint or resin has become a common problem for many small businesses as the amounts and types of waste that are classified as hazardous/ special have grown
A Health Protection Agency (HPA) study has found that around 5% of salads and sauces served in kebab takeaway restaurants contain unsatisfactory and unacceptable levels of bacteria.
6th April saw the introduction of new rules on how employers handle disciplinary matters and grievances in the workplace.
The British Woodworking Federation (BWF) has produced a 10 minute film on the potentially fatal consequences of installing uncertified fire doors. The film highlights the benefits of doors certified under the BWF-CERTIFIRE scheme.
The Departments of Health and Work and Pensions are calling on organisations to participate in a pilot scheme aimed at helping people on sick leave return to work more quickly.
As you will no doubt be aware, April is a busy month for changes in Employment Law. Here is a small summary of the changes. Please be aware of the implications these changes will have on your business.
A new campaign by the Health and Safety Executive (HSE) will target sites across Britain where renovations and maintenance work are being undertaken. The inspection drive started on the 2nd of March 2009.
The Chartered Society of Physiotherapy (CSP) is calling on the Government and employers to do more to prevent and reduce repetitive strain injury (RSI) amongst British workers.
The new National Minimum Wage Rates that will apply from October the 1st will not be announced until after the 1st of May it has emerged.
Recently conducted research has highlighted that the current recession is leading some construction companies to spend less on Personal Protective Equipment despite the fact the industry is already struggling with high levels of accidents and ill health.
The long-running legal challenge by Heyday, a campaigning body backed by the charity Age Concern, to overturn the U.K.’s national retirement age has suffered a setback in the European Court of Justice (ECJ).
A top lawyer and leading union officer have warned at a recent British Safety Council (BSC) conference that Company culture will be at the centre of any court probe into the first corporate manslaughter prosecutions.
The consultation for the second phase of the Environmental Permitting Programme (EPP2) has been published and businesses and other interested parties are being invited and encouraged to make comment on it.
In a recent case brought on the grounds of age discrimination, a man who applied for a job as an air traffic controller when he was aged 50 but who was rejected because he was too old, has won his claim.
On the 1st of March the Environmental Damage (Prevention and Remediation) Regulations 2009 came into force implementing the EU Environmental Liability Directive (2004/35/EC).
A recent raid on a business dealing in personal data relating to certain construction industry workers has highlighted employers’ responsibilities on collecting, dealing with, and safeguarding employees’ or customers’ personal data.
In 2010 the government will launch an energy saving scheme, the Carbon Reduction Commitment (CRC), designed to reduce businesses’ CO2 emissions. The scheme will mainly affect large private and public sector organisations.
The Chancellor announced in his 2008 Budget the removal of the VAT Staff Hire Concession. This is effective as of the 1st of April where all businesses making supplies of staff as a principle will have to account for VAT on the full value of their supply.
The New Penalty Regime introduced by the HMRC last year affects returns that are due to be filed on or after the 1st of April. The new regime states that penalties will be charged based on the behaviour that gives rise to the error.
6th April sees big changes in the law that applies to discipline and grievance handling in the workplace.
From 6th April, many more workers will gain the right to request flexible working arrangements.
The protection under which wages are kept is being strengthened from April 2009. As a result of this, the consequences for underpayments will be more severe.
Last year, HSE announced changes to the gas installer registration scheme. The scheme currently operated by CORGI will be replaced on 1 April 2009 by the new Gas Safe Register operated by Capita.
The Health and Safety (Offences) Act 2008 received Royal Assent last year. It came into force on 16 January 2009.
Many employers are unaware that they have a legal obligation to assess the risks to health arising from exposure of the skin to hazardous substances.
The Waste Electrical and Electronic Equipment Regulations (WEEE) have to be reviewed as a result of an assessment of the first and second compliance periods.
Protecting property from climate change could amount to a “lawful excuse” according to the recent acquittal of 6 Greenpeace activists who painted the chimney of Kingsnorth power station under the Criminal Damage Act 1971.
The RES Act came into force on 1st October 2008 and it applies to England and Wales.
The UK’s largest waste management company Veolia Environmental Services (UK) Ltd were given a fine and costs totalling £166,000 after an incident at one of its hazardous waste management facilities in Bootle, Liverpool.
This is set to be a big year for changes within employment law. The areas affected will be statutory minimum holiday entitlement, disciplinary and grievance procedures and the vetting of people working with children and vulnerable adults.
The European Parliament has voted against proposals that would have allowed the UK to retain its “opt-out” to the Working time Regulations. As a result it is more than likely that the “opt-out” will be scrapped within the next few years.
A survey conducted by NetRegs and the Federation of Master Builders has shown that more than half of construction businesses are still unaware that SWMPs are mandatory for projects over £300,000 in England.
Employment Law is changing all the time and laws prohibiting discrimination on certain grounds now protect more people than ever.
A booklet published recently by the Trade Union Congress (TUC) explores the frightening reality of cancers caused as a result of work. It is estimated that 23% of workers in Europe are exposed to some kind of carcinogen.
The CCA received royal accent in late 2008
Over half of the construction industry seems to be completely unaware of legislation which came into force more than 6 months ago - known as the Site Waste Management Plans Regulations 2008.
Keeping full and accurate records is important for any business that deals with waste, and failing to do so could result in a fine.
A recent statistic has revealed that 24% of people who are killed in all falls from height are roofers. The HSE have published a leaflet aimed at people who carry out roof work.
The Department for Work and Pensions want to remind and reinforce employers about the rules of the SSP1 form.
31st January is the Self Assessment tax deadline and along with that comes increased fraudulent attempts to obtain personal information and payments from unsuspecting taxpayers.
On the 1st February 2009 new redundancy pay rates and compensation limits will come into affect. The changes will have a significant impact on all redundancies and dismissals after from this date.
The HSE has recently published the statistics on work-related ill-health, injuries, dangerous occurrences, enforcement and gas safety issues for 2007/08. These statistics emphasize just how crucial good Health and Safety management is.
A new HSE advisory leaflet has been published that provides information on the role of biological monitoring in controlling isocyanate exposure in the motor vehicle repair (MVR) industry.
Construction firms undertaking property development and refurbishment projects have been targeted by the HSE in a crackdown on dangerous working practices.
HM Revenue & Customs (HMRC) have warned of hundreds of imported counterfeit game consoles, many of which are the popular Nintendo DS and DS Lite.
Don’t forget that Mentor is fully committed to supporting you regardless of the date or time – we are available 24 hours a day, 365 days a year.
Your New Years resolution may begin with a medical check up or health screening. If this is something that is provided by your employer you should be aware of the tax and National Insurance implications which will be affected by the Finance Bill 2009.
A booklet has been launched to help small accommodation providers comply with fire safety rules.
If you or your employees work in the healthcare or welfare sectors, you are particularly at risk from exposure to blood-borne pathogens following an injury.
On the 6th of April there will be a change in the law abolishing the statutory dispute resolution procedures and replacing them with a new ACAS Code of Practice which applies to the whole disciplinary and grievance process.
The Chancellor, Alastair Darling delivered the Pre Budget Report on 24th November and unlike previous reports this was more like a mini budget.
From the 6th of April 2009 the new ACAS Code will replace the existing statutory discipline and grievance procedures. Failure to follow the Code could mean up to 25% increased compensation if an employee is found to have been unfairly dismissed.
Securing the future of your business and meeting legal obligations are key imperatives that you face today as business owners and managers. One way to achieve your business objectives is to maximise the effectiveness of your employees through training.
Currently, the identities of employers who have employment tribunal claims made against them are not made public until the case reaches a hearing. The Information Commissioner’s ruling will mean employers’ names will be freely available.
From April 9th 2009, employers with 50 employees or more and/or pensioners under their PAYE reference number will have to file certain forms online by law.
Our Employment Law Consultants give their advice in response to the most common questions employers ask at this time of year.
If your employees work in a building built before 2000 then they could be at risk of exposure to Asbestos. Mentor can help you highlight of the dangers and help you avoid these life threatening and destructive diseases.
The Health and Safety Offences Act of 2008 will come into force in January 2009 and will bring with it significant changes to fines for those in breach of health and safety legislation.
A recent call to our Tax Advice Service questioned whether an Attachment of Earnings (AOE) could be deducted from a redundancy payment which included a payment in lieu of notice (PILON) for an employee that was not required to work his notice period.
Any employer with employees who drive – even just occasionally – for work purposes is responsible for their health and safety while on the road. Mentor offers a road risk consultancy service tailored to the needs of your business.
The economic turmoil sweeping across the world is sure to have an impact on most businesses in both positive and negative ways.
Hand-Arm Vibration (HAV) is a condition caused by regular exposure to vibrating and percussive tools, or working with material in contact with grinding or cutting operations.
Due to the outcome of a recent Tribunal, the Employment Appeal Tribunal has not only clarified but also extended the scope of employees’ right to unpaid Time off for Dependants.
All employees within an organisation can be vulnerable to stress depending on the pressure they are under at any given time.
Did you know that computer users who habitually eat at their desks could be harbouring more harmful bacteria in their keyboard than on a toilet seat? The health sector is developing ways to combat this problem.
The proposed extension of the right to request flexible working to parents of school-aged children pencilled in for April 2009 looks set to be deferred following comments by Peter Mandelson, the new government minister in charge of employment policy.
Corby company B&M Pallets has been fined £4,000 and ordered to pay £1,279 in costs for illegally burning waste at its site in Geddington Road causing thick smoke, hot particles and odour.
New Minimum Wage rates come into effect from the 1st of October. Failure to pay the correct Minimum Wage rate could leave your business at risk of legal action. Preparing now will ensure that you stay on the right side of the law.
Following a recent case in the Employment Appeals Tribunal (EAT) there is confusion over whether the National Minimum Wage (NMW) law applies to staff employed on “sleepover” duties.
From the 5th of October changes in Maternity rights mean that parents will have the right to full contractual benefits (other than pay) during the whole of their maternity or adoption leave, and not just for the first six months as at present.
Many employers will not be aware of what to do in the event of a workplace accident - who should be informed and how it should be done. Read on and find a brief outline of your duties.
In November new proposals are expected to reduce the number of jobs open to non-EU migrants by 30%.
Display screen equipment (DSE) is one of the most common types of work equipment and is used by millions of employees.
From April the 1st next year, all workers will have the right to a minimum of 28 days’ annual leave entitlement. Public holidays can count towards the entitlement but employers can no longer make payments in lieu of unused holidays.
New Minimum Wage rates come into effect from the 1st of October.
Labour’s National Policy Forum took place at the end of July. Though not responsible for setting Government Policy, the Forum has an impact on employment policy to the next election and beyond.
The Government has announced that it will set up a one-number telephone helpline for employees to complain to about issues including non-payment of the National Minimum Wage; Working Time; Health and Safety and breaches of employment law by “gangmasters”.
Changes to the regulations relating to employers’ liability insurance certificates and the mandatory health and safety poster are due to come into force in October 2008- the insurance certificate; and April 2009- the poster.
The HSE has announced that it has selected Capita as its preferred bidder to run the new registration scheme for gas installers from the 1st of April 2009.
To amend the mistake by the Government regarding the10p tax band, Alistair Darling announced a third change to payroll systems planned for the 7th of September.
From Monday the 14th of July HMRC are issuing penalty notices to employers where their records show that they have not received a P11D (b) form for the 2006-07 tax year which should have been with HMRC by the 6th of July 2007.
Given the current economic situation, we recognise that many employers will be faced with some tough business decisions. However, it’s vitally important to speak to us first.
A businessman in Fife was fined £2,750 for storing waste without a waste management licence.
At the end of June, Harriet Harman, the Minister for Women and Equality, announced further details of the proposed Equality Bill.
Employees could be allowed to ask their bosses for time off to train if government proposals become law.
Workers in the UK could retain their right to opt out of the maximum 48 hour working week, if a package agreed by ministers in Europe in June becomes law.
Occupiers of premises still don't seem to understand their responsibilities under the Regulatory Reform (Fire Safety) Order 2005 (RRO), which came into force in October 2006.
The Health and Safety (Offences) Bill aims to raise the maximum penalties available to the courts in respect of certain health and safety offences by altering the penalty framework set out in the Health and Safety at Work Act 1974.
HM Revenue & Customs (HMRC) have extended their new system of penalties for errors in tax returns to include claims for VAT refunds.
The Department for Work and Pensions (DWP) is currently running a pilot to assess the use of electronically generated Med 3 medical statements as an alternative to written ones.
Customs have published a revised list of professional bodies and learned societies whose fees and subscriptions are tax allowable. This is commonly known as List 3 and is available to download from HMRC web site.
A recent case involving the fraudulent reclaiming of VAT on a scam jet engine deal shows the investigatory powers of HM Revenue & Customs (HMRC)
Improve the Communication of Your Policies and Procedures. Ensure everyone in your business can read and understand your key policies and processes.
Future government plans aim to give agency workers the same employment conditions as permanent employees.
The government is planning to extend the right for parents of school-aged children to request flexible working arrangements.
When taking over a business or service contract you may be liable to incur a financial penalty if you employ illegal workers.
The Corporate Manslaughter and Corporate Homicide Act 2007 came into force in April 2008. One area often overlooked by management relates to vehicle maintenance.
New guidance for employers in relation to latex allergies has recently been published.
From 26 September 2008, EU legislation will mean that you will be required to separate batteries when you dispose of your general waste.
View a timeline of Employment Law legislation coming soon.
The statutory minimum holiday entitlement allowed to all workers is increasing on 1st October.
From 1st April, additional "family-friendly" rights will be available to employees. The changes allow one year's Maternity Leave to all women, regardless of how long the woman has been employed, and Statutory Maternity Pay is extended to 9 months.
Employment Law Update 2007
Employers already know of the influx of workers from the former Eastern Bloc countries but should now beware of falling foul of the different rules that apply to workers from Romania and Bulgaria.
New proposals came into force on 1 October 2006 to tackle age discrimination against young and old. They will have an impact on many aspects of employment from recruitment to dismissal and include pay ...
From 1st October 2006, the new Age Discrimination law will bring changes to the way employers deal with staff who reach retirement age.
The "Better Business" campaign is raising awareness, particularly with smaller businesses, about the real business benefits of introducing better health and safety practices into their workplace.
Spring 2006 Mentor Magazine
Bank on advice for employment legislation.