News

Health & Safety, Employment Law and Jobs - February 2010

Teachers and lawyers working 'extreme' unpaid overtime
On 26 February 2010, to mark Work Your Proper Hours Day (WYPHD), the Trades Union Congress (TUC) published official statistics that showed that the number of people working 'extreme' unpaid overtime of more than ten hours a week increased by 14,000 to nearly 900,000 in 2009.

More than five million professionals and managers across the public and private sectors work an average of seven hours a week for free, with a million of them working 48 hours a week or more, which the TUC term 'extreme'. The statistics showed that teachers and lawyers were the most likely to do 'extreme' unpaid overtime with around 20 percent of employees working an extra 17 hours for free.

Today is Work Your Proper Hours Day - the day when the average person who does unpaid overtime would start to get paid if they did all their unpaid overtime at the start of the year. However, the TUC analysis also shows that those doing 'extreme' unpaid overtime of more than ten hours per week wouldn't start getting paid until April 26. In 2009 over five million people across the UK clocked up an average of over 7 hours unpaid overtime a week worth £27.4 billion - or £5,402 each.

Alongside this trend, the number of 'underemployed' people also increases. Official statistics show that 2.8 million people say they want more hours in their existing job or full-time work instead of their current part-time job.
Full details available at: http://www.tuc.org.uk/work_life/tuc-17614-f0.cfm
Source: http://business.timesonline.co.uk/tol/business/career_and_jobs/article7041797.ece
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Use of temps forces rethink by employers
The introduction of the Agency Workers' Regulations will mean changes to working practices and as a result employers using tempos as a means to maintain flexibility and keep costs down may well have to reconsider their workforce structure.

The Agency Workers' Regulations will come into force on 1 October 2011, and whilst this is some months away, the implications to UK businesses are likely to mean that this amount of time in necessary for adjustments to working practices to be made.

The regulations introduce equal treatment of agency workers after 12 weeks in respect of pay, benefits and working conditions which may mean hiring companies restricting the length of assignments, though this will have retraining cost impacts. The government are keen to stop avoidance by unscrupulous employers.
Source: Personnel Today
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EU protection for pregnant workers must not result in new costs for UK Government and businesses
On 23 February 2010, following the amendment of the Pregnant Workers Directive in the European Parliament, Dr Adam Marshall, Director of Policy at the British Chambers of Commerce (BCC), expressed fears that the changes would impact on the UK Government and business with the addition of new costs.

He called for the European Parliament to overturn the amendments, noting that existing national maternity pay systems were already robust and that The Pregnant Workers Directive should be about setting minimum EU standards for the health and safety of pregnant workers.
Source: The British Chambers of Commerce
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Average Earnings Index - December 2009
On 24 February 2020, the Office for national Statistics (ONS) published a series of spreadsheets prepared as a supplement to the monthly Statistical Bulletin of labour market statistics. The spreadsheets contain data relating to various aspects of the labour market. Where possible the tables in this supplement give access to the full historical data series, which cannot be shown in the Statistical Bulletin. In most cases the tables have a similar design to those in the Statistical Bulletin.
Source: www.statistics.gov.uk/OnlineProducts/LMS_FR_HS.asp
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Maternity leave extension
On 24 February 2010, it was reported that draft legislation has been passed by a committee of the European Parliament to extend maternity leave across Europe. The 20-week proposals will be considered by the full European Parliament in early March.

Maternity leave varies vastly across the world. In the US and Australia, although there are some state exceptions, new mothers do not receive paid leave. This contrasts enormously with other countries such as Sweden and Norway, which have some of the most generous conditions - 16 months paid leave per child with the cost shared between the employer and the state. Under current European rules the existing 14 weeks fully-paid leave will be increased to 20 weeks. In contrast, in the UK women get a year' maternity leave, with the first six weeks on 90% pay, followed by 33 weeks on Statutory Maternity Pay and the remainder unpaid.

Employers expressed concerns regarding the additional cost to companies of extra maternity payments, with future costs estimated to be between £1.5 billion and £2billion a year if the new rulings are applied.
Source: http://news.bbc.co.uk/1/hi/business/8533438.stm
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Resignations among managers on the increase
On 23 February 2010, the Chartered Management Institute (CMI) published the 2010 National Management Salary Survey in which they found that resignations have increased in the year to February 2010, despite growing fears over job security. The data from 43,312 individuals in 197 organisations also revealed a dramatic drop in earning in the past year, with pay dictated by where people work and what they do.

The survey revealed a labour turnover rate of 13.6 percent, up from 12.4 percent in 2009. Resignations also showed arise of 0.2 percent on 2009. Overall, the implications were that employers are not able to persuade staff to stay, with internal transfer request falling also.

More than half of the employers questioned blamed restructuring and job insecurity, with a more than a third citing their failure to offer promotions and training as a factor.
Full details of the report are available at: Chartered Management Institute
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Confident and Covered or Unaware and Exposed: Small Businesses Show a Varied Understanding of Employment Law
On 22 February, the Department for Business, Innovation & Skills (BIS) published the results of a study of small businesses on their awareness of employment law. Significant disparities exist between small businesses in their confidence and awareness of managing employment law.

The study, based on responses from over 300 small business owners, shows that:

almost a third (32 percent) of the total sample, report feeling confident in their understanding of employment law and their role as an employer;
however, more than a third (34 percent) of respondents, feel that employment law obligations are 'not relevant' to their business; and
a further 20 per cent report that they understand their obligations, but worry that they get it right.

The study also includes an in-depth analysis of male and female variations:

Women place a greater emphasis on keeping up to date with employment law compared to their male counterparts, but worry more that they will get it wrong.
Over half (54 percent) of women report that they feel it is important to keep informed of changes, compared to 38 per cent of males;
Over a quarter of male small business owners (26 per cent) admit that they don't keep up to date with employment legislation, compared to a fifth of women (21 percent). Despite this, over a quarter (26 percent) of women worry that they will manage it incorrectly compared to 17 percent of men.

On keeping up to date:

Almost half (42 per cent) of the sample consider it 'important' to stay up to date. However, a quarter (25 percent) admit that they do not keep up to speed with legislation changes.
A further 28 percent report that they are 'vaguely aware' of their legal obligations. This group of employers feel that they are unable to find the time to keep abreast of their legal requirements.

The government offers free advice and simple online tools on the Employing People section of the Business Link website to help SME's manage their legal obligations. This advice is tailored to small business owners, to suit different requirements. As an extension of this, BIS launched a new online tool in September 2009 to help SMEs stay up to date on new legislation.
The Employment Law Organiser is available to download at: www.businesslink.gov.uk/employmentlaworganiser
Source: http://nds.coi.gov.uk/content/detail.aspx?NewsAreaId=2&ReleaseID=411448&SubjectId=2
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Firms continue to hire migrant workers
Employers are continuing to hire migrant workers to plug skills gaps despite the condition of the economy, according to a Chartered Institute of Personnel and development (CIPD) report published on 19 February 2010.

Figures from the quarterly Labour Market Outlook survey, conducted jointly by CIPD and KPMG, found that nearly one in five (19 percent) of employers have recruited migrant workers in the last three months. Interestingly, public-sector employers (24 percent) are more likely than private firms (15 percent) to take on foreign workers.

About two in five (41 percent) of the 700 employers surveyed said they still have vacancies that are difficult to fill, largely because of the skills involved in the role. And one in ten private employers is planning to outsource jobs abroad in the coming year.
Source: www.peoplemanagement.co.uk/pm/articles/2010/02/firms-continue-to-hire-migrant-workers.htm
CIPD's Migrant Workers website is at: www.cipd.co.uk/about/library/HRlinks/_migrantworkers.htm
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Visions of Britain 2020
Research by the insurer Friends Provident indicates that the workplace of 2020 will be starkly different to that of today. These changes will be structural and permanent and will create a new workplace which will offer opportunity to many. The report, entitled Visions of Britain 2020, claims that the flow of skilled workers heading to our shores will be stemmed, with many quitting for Asia's more prosperous economies. It unearths five of the most important changes we can expect:

The Elite and the Excluded: a fast widening gap between the skilled and the unskilled.
Elite Employee Power: the balance of power shifts decisively towards elite workers.
Invaluable Training: the benefits of training will be appreciated by elite workers - the cost of it may have to be shared by all.
The 2020 Labour Cycle: outsourcing will continue, but the number of foreign workers will diminish.
The Measure of Knowledge: new measures of assessing employee productivity will be critical in the 2020 knowledge economy.

The report is very comprehensive. We liked the myths and reality about the future, particularly:

Myth: We'll Work Less in the Future - John Maynard Keynes and Jeremy Rifkin two of the many luminaries who have predicted that we will work less in the future. These predictions were based on the notion that technological progress would reduce the effort required for commerce to prosper.But the reality is that the idea that we will all be creatures of leisure and that work will take up only a minority of our waking hours exists only in the realm of science-fiction. Technology has served to remove some of the numbing tedium from working life but has created new roles and jobs. In fact, none of the experts on Friends Provident's Delphi Panel envisages a future world in which we'll work less. Demographic changes and a looming skills shortage over the next ten years suggest that working hours are likely to remain the same although those hours may well be worked outside of the traditional Monday to Friday, 9am to 5pm working week. Also, consumer research supports this view: 59 percent of all workers imagine that a move to more flexible working will mean that they work more hours rather than fewer.

Source: www.visionsofbritain2020.co.uk/our-vision/research/employment/the-workplace/3
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Fathers and their babies
On 18 February 2010, the Department for Business, Innovation & Skills (BIS) launched a campaign l to remind dads of their rights at work. Flexible working is increasingly important to modern dads who want to take care of their children, according to figures published by BIS:

More than half (56%) of dads surveyed with children 16 and under said that they would look for an employer who offers flexible working when choosing a new job;
The overwhelming majority (91%) of dads with children aged five or under believe it is important that fathers have the option to take paid paternity leave. Nearly two thirds (62%) believe a dad's relationship with their child will suffer if they are not at home after the baby is born.

However, while the findings show how important it is for fathers to spend time with their family, some remain unsure of the rights currently in place to help them. The poll found:

a fifth (20%) of dads with kids aged 16 or under - who, by law, are entitled to request flexible working from their employer - did not know if their company offered flexible working to fathers;
one in three (34%) parents with children aged nought to five did not realise that paid paternity leave is law; and
one in five (22%) wrongly assumed that fathers only needed to approach their employer to ask for this leave when the baby was born or before it was eight weeks old. (To benefit from legal paternity rights, fathers must speak with their employer 15 weeks before the baby is due).

The research comes as BIS launches a campaign to raise awareness among dads of their rights at work to help them care for their child.
Source: http://nds.coi.gov.uk/content/detail.aspx?NewsAreaId=2&ReleaseID=411326&SubjectId=2
More information on work and family rights for fathers can be found at: www.direct.gov.uk/dadsatwork
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TUC issues new 'fit notes' guide
On 19 February 2010, the TUC announced the publication of a new guide "Changes to the Medical Certificate". The guide deals with the new method for reporting sickness, which will see changes to the current system of issuing sick notes: from 6 April 2010 GPs will be able to assess an individual worker's suitability to return to work, and where appropriate, suggest a return to a certain type of work, even if it is not to go back to their original job.

The guide outlines the new process and explains what it will mean to workers. In addition, the TUC provides answers to the kind of practical problems that workers will face.
The guide is available at: www.tuc.org.uk/extras/fitnote.pdf
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Employers and doctors get the facts on fit notes
New guidance was published on 19 February 2010 by the Department for Work and Pensions (DWP) so that people off work sick will get the support they need to get back to work earlier.

The introduction of the fit note, in place of the traditional sick note, is set to cut the cost of sick leave for employers. It is expected to benefit the British economy by an estimated £240 million over the next ten years.

From 6 April 2010, doctors will be able to advise if a patient 'may be fit for work' and offer advice on the effects of their health condition. Doctors will have the option to advise that their patient would be able to work, subject to the employer's agreement, if temporary changes such as reduced working hours or amended duties could be accommodated.

Guidance on the fit note has been published following extensive consultation with business groups and medical representatives. DWP is urging employers and doctors to visit www.dwp.gov.uk/fitnote to find out more.
Source: http://nds.coi.gov.uk/content/detail.aspx?NewsAreaId=2&ReleaseID=411388&SubjectId=2
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DWP Quarterly Statistical Summary
On 17 February 2010, the Office for National Statistics (ONS) published the DWP Quarterly Statistical Summary - this aims to give users a structured overview of the National Statistics published by the Department for Work and Pensions (DWP). Statistics are grouped by component area of DWP and, for each element, links are given for users to access more detailed information.

The latest National Statistics on benefit claimants, employment programmes, labour market decisions and vacancies produced by DWP were released on 17 February 2010 according to the arrangements approved by the UK Statistics Authority. Not all DWP National Statistics are covered by this release.

Key Findings

There were 5.9 million working age benefit claimants at August 2009. This is an increase of 663 thousand in the year to August 2009.
Employment and Support Allowance (ESA) was introduced on 27th October 2008. There were around 374 thousand people claiming Employment and Support Allowance at the end of August 2009.
The number of working age claimants of ESA and incapacity benefits totals 2.63 million in August 2009. This figure is 42 thousand higher than August 2008.
The number of lone parents claiming Income Support (IS) decreased by 29 thousand to 716 thousand in the year to August 2009.
At November 2009, the total number of people claiming Housing Benefit was 4.6 million, with 5.6 million claiming Council Tax Benefit.
3.56 million people had started on a New Deal programme up to November 2009. At August 2009 2.25 million people have gained a job through the New Deal programme, with 116 thousand people gaining a job through Employment Zones up to October 2009.
At August 2009, there were 12.6 million people of state pension age claiming a DWP benefit, an increase of 243 thousand since August 2008. Of these, 66% were claiming State Pension (SP) only.
At August 2009, there were 12.4 million claimants of State Pension (SP), a rise of 252 thousand on a year earlier. Of these, 38% were male and 62% female.
At August 2009, there were 2.74 million claimants of Pension Credit (PC) (3.35 million including partners), a rise of 7 thousand on the previous quarter. Of these, 936 thousand claimed Guarantee Credit only, 1.2 million claimed Guarantee and Savings Credit, and 602 thousand were claiming Savings Credit only.
At the end of December 2009, the total Child Support Agency (CSA) live and assessed caseload stood at 1.21 million cases, of which 57% were current scheme cases.
At August 2009, there were 3.10 million recipients of Disability Living Allowance (DLA), 520 thousand recipients of Carer's Allowance (CA), and 1.61 million recipients of Attendance Allowance (AA

Source: http://research.dwp.gov.uk/asd/asd1/stats_summary/Stats_Summary_Feb2010.pdf
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Labour Market Statistics - February 2010
On 17 February 2010, the Office for National Statistics (ONS) published the latest labour market statistics.

For October to December 2009:

The employment rate was 72.4 percent and there were 28.91 million employed people, down 0.1 on the quarter.
The number of people in employment fell by 12,000 on the quarter to reach 28.91 million. The number of people in full-time employment fell by 37,000 on the quarter to reach 21.22 million - the smallest quarterly fall since the three months to July 2008. The number of people in part-time employment increased by 25,000 on the quarter to reach 7.69 million.
The unemployment rate was 7.8 percent and there were 2.46 million unemployed people, a fall of 3,000 people.
There were 1.04 million employees and self-employed people working part-time because they could not find a full-time job. This is the highest figure since records for this series began in 1992 and it is up 37,000 on the quarter.
The number of people unemployed for more than 12 months increased by 37,000 over the quarter to reach 663,000, the highest figure since the three months to September 1997.
The inactivity rate was 21.3 percent up 0.2 on the quarter but below the record high of 23.3 percent recorded in 1983. The number of inactive people of working age increased by 72,000 over the quarter to reach a record high of 8.08 million. This increase in inactivity was largely driven by the number of students not in the labour market which has increased by 62,000 on the quarter to reach 2.26 million, the highest since comparable records began in 1993. There were 8.08 million working age inactive people.
Total pay (including bonuses) rose by 0.8 percent on a year earlier.
Regular pay (excluding bonuses) rose by 1.2 percent on a year earlier.

A comparison between unemployment and Gross Domestic Product is available at: http://www.statistics.gov.uk/cci/nugget.asp?id=2294

Other labour statistics published are:

The number of people claiming Jobseeker's Allowance (the claimant count) increased by 23,500 between December 2009 and January 2010 to reach 1.64 million, the highest figure since April 1997. This monthly increase in the claimant count was preceded by two consecutive monthly falls.
The number of vacancies in the three months to January 2010 increased by 49,000 on the previous quarter to reach 479,000.
Average total pay (including bonuses) was £451 per week in December 2009. In the three months to December 2009 total pay rose by 0.8 percent on a year earlier.
Average regular pay (excluding bonuses) was £425 per week in December 2009. In the three months to December 2009 regular pay rose by 1.2 percent on a year earlier.

Source: www.statistics.gov.uk/pdfdir/lmsuk0210.pdf
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Vocational qualifications made simple for employers and learners
On 16 February 2010, the Department for Business, Innovation and Skills (BIS) launched new online resources to help employers and learners explore important changes to vocational qualifications and shape the content of future vocational qualifications.

Business Link's website (www.businesslink.gov.uk/vocationalqualifications) now gives employers access to all they need to know about vocational qualifications and influence the changes as they take place.
For learners, the Department for BIS website has a new online resource that provides the information and links needed to find out more about the changes.
Colleges and others interested in vocational qualifications are also able to access information on changes through both web pages.

The Business Link website is an essential resource for all businesses, both large and small, and this new content will help managers better understand what qualifications are suitable for their staff to help them progress. This will be particularly welcomed by HR departments.

The government is overhauling vocational qualifications to create a clearer, more flexible system and help employers understand how to get the skills they need into their businesses. Radical reforms will see qualifications across every industry improved so they are easier to understand and access.

Qualifications will be clearly labelled so that employers and learners can see at a glance what a qualification will cover, how long it will take and what level it is.
Source: http://nds.coi.gov.uk/content/detail.aspx?NewsAreaId=2&ReleaseID=411288&SubjectId=2
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Companies could be forced to publicise corporate manslaughter conviction
The Ministry of Justice has announced that companies convicted of corporate manslaughter could be forced to take out adverts publicising their conviction as a result of new measures which came into effect on 16 February 2010.

Courts will now be able to hand out publicity orders to firms and public bodies where gross corporate health and safety failures caused a person's death. Companies can already be hit with an unlimited fine or be forced to improve safety in the workplace.

The innovative new publicity orders, thought to be the first of their kind to be introduced in the UK, could compel companies to inform shareholders, customers and (in the case of local authorities, hospital trusts and police forces) local people of the conviction, giving details of the case, the fine imposed and the any remedial work they have been ordered to undertake. The publicity order could also require the company to put a statement on its website or make an announcement in a newspaper.
Source: www.justice.gov.uk/news/newsrelease160210b.htm~
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Transportable pressure equipment
On 16 February 2010, the Health & Safety Executive announced that their information on the carriage of dangerous goods and use of transportable pressure equipment has been updated. The relevant legislation is The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009.
Source: www.hse.gov.uk/cdg/pressure.htm
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European Risk Assessment Campaign on dangerous substances
European health and safety inspectors are to run a Europe-wide inspection campaign to improve working conditions associated with the use of dangerous substances in the workplace. The campaign, which will run from January 2010 to March 2011, is being run by Senior Labour Inspectors Committee (SLIC), the European Union, and is supported by the European Commission. SLIC was established in 1982 to assist the European Commission in monitoring the enforcement of EU legislation and aims to achieve common principles of labour inspection in the field of occupational health and safety.

The first stage of the campaign, which will target companies employing up to 50 workers, will be to give information on the risks but this will be followed up by inspection visits to workplaces. The campaign will be one of the first to try to use a common approach and common guidelines across the whole of Europe. At present, there is no information of how the campaign will be run in the UK and whether the HSE, or local authorities, will be taking the lead. A campaign website will be set up shortly at www.chemicalscampaign.eu/
Source: http://www.tuc.org.uk
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Sentencing Guidelines Council publishes guidelines on corporate manslaughter and health and safety offences
In accordance with section 170(9) of the Criminal Justice Act (CJA) 2003, the Sentencing Guidelines Council (SGC) has issued definitive guidelines on the sentence an organisation convicted of corporate manslaughter or a health and safety offence causing death should receive. By virtue of section 172 of the CJA 2003, every court must have regard to relevant guidelines. This guideline applies to the sentencing of organisations on or after 15 February 2010.

This is the first offence guideline relating to sentencing organisations rather than individuals, and concerns sentencing for offences where the most serious form of harm was caused, namely the death of one or more persons.

The guidelines say that the appropriate fine on conviction for corporate manslaughter:

will seldom be less than £500,000 and may be measured in millions of pounds;
where another health and safety offence has caused death, will seldom be less than £100,000 and may be measured in hundreds of thousands of pounds or more.

Key aspects of the guidelines include:

Factors when determining a fine;
The appropriate level of a fine;
Publicity orders;
Remedial orders.

The guidelines are published at: www.sentencing-guidelines.gov.uk/docs/guideline_on_corporate_manslaughter.pdf
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Call to cut working week to 21 hours
The working week should be cut to 21 hours to help boost the economy and improve quality of life, the influential left-wing think tank has said in a report published on 13 February 2010.

The New Economics Foundation (NEF) claims that the reduction in hours would help to ease unemployment and overwork with people working longer hours now than 30 years ago even though unemployment was at 2.5 million. Since 1981 two-adult households have added six hours - nearly a whole working day - to their combined weekly workload.

The study, called 21 hours, forecasts a major shift in the length of the formal working week as a consequence of dealing with key economic, social and environmental problems. And this can be seen as a positive opportunity, say the researchers, rather than a threat. Reducing the working week could also defuse the pensions' time bomb by ensuring employees are healthy enough to work later in life. Citing the example of Utah, the study shows how the US state's decision in 2008 to place all public-sector workers on a four-day week saved energy, reduced absenteeism and increased productivity.

According to NEF, there are several forces leading towards a shorter working week:

lasting damage to the economy caused by the banking crisis;
an increasingly divided society with too much over-work alongside too much unemployment; and
an urgent need for deep cuts in environmentally damaging over-consumption.

The above forces combine with a growing interest in people spending more time producing and delivering a share of their own goods and services - from co-produced care and neighbourhood-based activities, to food, clothing and other necessities.
The Study is available at: http://neweconomics.org/press-releases/shorter-working-week-soon-inevitable-forecasts-think-tank130210
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Employee outlook: Emerging from the downturn
According to the latest quarterly report published on 15 February 2010 from the Chartered Institute of Personnel and Development (CIPD), almost one in three public sector employers plan to shed jobs in Q1 2010. Its latest quarterly survey found that the jobs outlook has worsened despite the UK emerging from recession. Unemployment currently stands at 2.46 million - the number of people out of work had been steadily rising since the summer of 2008 but saw a surprise fall in the three months to November 2009.

This survey of employee attitudes explores the fast-changing world of work and emerging challenges for individuals, employers and policy-makers and is based on a representative sample of more than 2,000 people in employment in the UK.

Job satisfaction has once again dipped this quarter to a net satisfaction score of just +35 (+37 in autumn, +48 in summer, +46 in spring). As with previous quarters, men (+33) continue to be less satisfied with their jobs than women (+38).

The report covers:

job satisfaction
employee attitudes towards management
communication and advocacy
workload and pressure at work
work-life balance
employee attitudes and the recession
job-seeking.

The CIPD's survey of more than 700 employers found that firms in all sectors plan to cut 6.2% of their workforce in the first three months of 2010, compared with 3.8% in the previous quarter. In the public sector, defence and public administration look set to be hit particularly hard.

However, there was better news from the private sector, which expects to see staff numbers grow for the first time since the start of the recession.
The survey, in full, is available at: Employee_Outlook_Winter_2010.pdf
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HSE guidance to baggage handling industry
On 11 February 2010, the Health and Safety Executive (HSE) announced that it wants airports, airlines and handlers to take other steps to reduce risks, such as using improved technology and handling aids which are now available and coming into use both in this country and elsewhere in Europe. HSE works alongside the aviation industry to help develop and provide guidance on baggage handling, and continues to stress the need for increased mechanical support.
Source: www.hse.gov.uk/press/2010/hse-baggage.htm
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HSE guidance for schools employing external instructors
On 12 February 2010, the Health and Safety Executive (HSE) announced issued guidance for schools on the issue: When does a school need to use a licensed provider?

The aim of licensing is to provide schools and the general public with assurances that they are handing children and students over to someone who has had their safety management systems inspected and that they are operating in line with current good practice. Educational establishments (schools/colleges) themselves are exempt from the requirement to hold a licence when providing to their own pupils or students. Covered under that exemption are their employees e.g. a teacher. Educational establishments providing licensable activities to pupils of another school or college in return for payment would require a licence.

A key issue is who is providing the session, the school or the free-lance instructor.

Key indicators in identifying status of the individual instructor may include, but would not be limited to:

Will the school accept responsibility even if it all goes wrong?
Is the instructor covered by school's insurance?
What is the individual's status under employment law?

Source: www.hse.gov.uk/aala/guidance/401-external-instructor.htm
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Tax survey for 2010 published
Pro-Tax, the London-based recruitment firm for the accountancy and legal professions, banks, FTSE 100 and 250 clients and owner managed businesses, has just published their tax salary survey for 2010.

Pro-Tax didn't expect the basic salaries to change much from their position in 2009 (which in turn were broadly similar to 2008) and this is the case. They spoke with the majority of the FTSE 100 and 250 organisations and their foreign equivalents operating in the UK and the Big 4, medium sized and large independent practices. Whilst in the last 2 years there has been an almost universal freeze on increases, there is now an increased incidence of small rises in basic salaries with a maximum increase of 3 percent within a grade. This is by no means universal and there are just as many occurrences where pay freezes are in place. In 2008, infrequent exceptions to this included much larger increases in line with outstanding performance or to bring an employee in line with the market rate. This year there is a return to increased use of bonuses, in line with personal and corporate performances to reward good performance. There is still an almost universal block on movements in salaries for senior management staff.

Overview
Some points from the survey are:

Within tax teams, many headcount freezes are still in place to contain costs.
There is less use being made of reduced working weeks and increased use of temporary staff in place of permanent hires.
Any potential recruitment exercise is put under intense scrutiny and a strong business case established before going to the market.
In professional practices, the latter part of 2009 saw a slow down in the number of staff being made redundant.
Pay freezes that were applied in 2009 are still in place in 2010 - in many cases but with some 2 to 3 percent increases in basic figures reported.
Bonus freezes have been maintained for the same period, but there is some variance in this with good performances being rewarded with bonuses but only when corporate performance allowed.
There has been some return to the use of temporary staff to cover busy periods or for specific exercises.
Head count freezes have been maintained for 2010, but with many heads of tax saying this is now beginning to cause problems.
Freezes on promotion maintained, usually for management grade employees.
There is decreased use of shorter working weeks and career sabbaticals.
There is still a clampdown on consultancy spend.
There is still a ban on all non-essential travel, entertaining and business conventions in some cases and ongoing deferment of annual conferences.
There is an increased use of video conferencing/phone call conferencing to limit travel expenditure.

Last year saw an effort being made to look at smarter ways of using staff resources elsewhere in the business. This takes the form of permanent transfers or carrying out short term secondments which are zero-cost to business unit and can also free up staff to undertake necessary projects. In several cases, there were situations where good quality accounting staff were given and took the opportunity to be redeployed in tax teams as opposed to taking redundancy from their former roles.

It should be pointed out that most tax teams continue to maintain a high profile within their respective organizations and as already stated, the majority of tax departments are incredibly busy. Numerous heads of tax say they would "recruit staff tomorrow" if they were able to do so. These clampdowns have so far lasted about 12 months and whilst there is still no sign of a return to volume recruitment in any sector, there seems to an almost universal view that 2010 will see a relaxation of many of the above measures. In line with this, whilst 2010 Q1 and Q2 are likely to remain difficult in terms of recruiting tax staff, there is a prevailing view from many tax teams that they will almost certainly need to enhance both staff numbers and tax skill sets in the latter half of the year.
Read the full survey results at: http://www.pro-tax.co.uk/docs/Salary_Survey_2010.pdf
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Government proposals for an Employers' Liability Insurance Bureau
On 10 February 2010, the Department for Work and Pensions (DWP) issued a consultation paper setting out the Government's proposals to improve support for people who need to trace Employers' Liability Insurance policies in order to obtain compensation for an accident or industrial disease sustained in the course of their employment in Great Britain (GB).

Although the consultation is aimed primarily at employer liability insurers, employers and employees, the DWP are interested in views from any source. The consultation paper is comprehensive and includes 20 main questions.

The Association of British Insurers (ABI) has voiced concerns about proposals to set up an Employers' Liability Insurance Bureau (ELIB) saying that over 98 percent of employers' liability claimants are able to claim if they have suffered an injury or disease caused by their work, and insurers pay out £1.5 billion a year in compensation. But ABI want to do more to help the small number of claimants who cannot trace the relevant insurer and are discussing with the Government whether an Employers' Liability Tracing Office would achieve this.

Meanwhile, the TUC welcomed the launch of a consultation on the setting up of an Employers Liability Insurance Bureau by DWP saying that the creation of an Employers Liability Insurance Bureau will be of real benefit for those who develop a disease as a result of exposure to asbestos or other hazardous substances.
The DWP Consultation Paper is at: www.dwp.gov.uk/docs/elci-compensation-consultation.pdf
The ABI commentary is published at: www.abi.org.uk/Media/Releases/2010/02/ABI_voices_concern_over_Government_proposals_for_an_Employers_Liability_Insurance_Bureau___
.aspx
The TUC response is at: http://www.tuc.org.uk/h_and_s/tuc-17548-f0.cfm
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Revision of the Event Safety Guide
On 11 February 2010, the Health & Safety Executive (HSE) issued a press release confirming that HSG 195, The Event Safety Guide requires updating to reflect legislative changes and improvements in industry practices. HSE, in collaboration with the event industry and other key stakeholders will soon be in a position to start work on the production of new material for the guide.
HSE Press Release: http://www.hse.gov.uk/entertainment/issues.htm
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Agriculture E-Bulletin December 2009
11 February 2010, the Health & Safety Executive (HSE) announced that the Agriculture E-Bulletin for December 2009 was now available. The aim of the E-Bulletin is to provide users with a free regular update of news and information from HSE, keeping users informed of the latest issues affecting agriculture and its associated industries.
HSE Press Release: www.hse.gov.uk/agriculture/ebulletins/agbulletin009.htm
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7000 Graduates to get job market head start
On 11 February 2010, the Department for Business, Innovation and Skills (BIS) announced that around 7000 graduates' career prospects have been given a boost, now that over fifty universities have taken up the Government's £13.6 million fund to provide internships in small businesses by the end of the year as part of the Backing Young Britain campaign to help young people into work.

The graduate internship programme, which is being promoted by the Federation of Small Businesses, will support small businesses to take on - and get the best from - a graduate intern. Graduates will receive practical assistance before, during and after their internship, including mentoring, pre-employment and interview training, and CV workshops.

The Prime Minister welcomed the partnership between the Federation of Small Businesses, the Government and universities across the country.

In England, more than 50 universities will support graduates and small businesses, as they provide a total of 6,998 internships by the end of this year, rising to 8,500 after that. Through the internship programme, small businesses will:

Get financial support to take a graduate intern (around £1300 in wage subsidies on average)
Have access to a national, single point of contact for advice in getting a graduate intern
Get access to new skills and fresh talent to help build your business.

Graduates will benefit from more than just the internship. They'll get other structured support before, during and after their placement - including mentoring, pre-employment and interview training, and CV workshops. Graduates will also get the opportunity to see make a real difference in a small business - a great experience for budding entrepreneurs.
Source: http://nds.coi.gov.uk/content/detail.aspx?NewsAreaId=2&ReleaseID=411154&SubjectId=2
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HSE publishes guidance on tower crane register
The Health and Safety Executive (HSE) has published guidance for The Tower Crane Regulations 2010.

The Regulations come into force on 6 April 2010 and require certain information about conventional tower cranes used on construction sites to be notified to HSE.
The HSE guidance is available at: http://www.hse.gov.uk/pubns/indg437.pdf
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Review of workplace transport safety and HSE commissioned work on manual handling and delivery of goods
On 10 February 2010, the Health and Safety Executive published a report on the results of a literature review in the areas of workplace transport safety and manual handling and delivery of goods. Heath and Safety Laboratory (HSL) was approached by the HSE Workplace Transport programme to carry out the literature review.
View research report at:
http://news.hse.gov.uk/2010/02/10/rr777-a-review-of-workplace-transport-safety-and-hse-commissioned-work-on-manual-handling-and-delivery-of-goods/
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Help for thousands seriously injured at work
On 10 February 2010, the Department for Work and Pensions (DWP) announced new plans to help employees who are injured at work. Thousands of people with serious industrial diseases, who miss out because they cannot trace their employers' insurance records, should be able to claim compensation following announcement of these new Government proposals.

In a consultation paper, the DWP sets out plans to create an Employers' Liability Tracing Office to help people track down their employers' liability insurance policies, and an Employers' Liability Insurance Bureau to provide a fund of last resort for those who are unable to trace them. The proposed tracing office will incorporate an electronic database of employers' liability insurance policies, which should make it easier to track down these records and improve the existing tracing service.

The consultation will:

consider how the tracing office could be best managed and funded.
look at the scope of help that could be provided by an employers' liability insurance bureau, the timing of claims and how much compensation could be paid.
examine what more employers can do to meet their obligations to maintain employers' liability compulsory insurance

Source: http://nds.coi.gov.uk/content/detail.aspx?NewsAreaId=2&ReleaseID=411115&SubjectId=2
The consultation, 'Accessing Compensation - supporting people who need to trace Employers' Liability Insurance', is available at: www.dwp.gov.uk/consultations
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Focussing on bisexual trade unionists
On 8 February 2010, the Trades Union Congress (TUC) published the results of a survey carried out to look at specific issues experienced by bisexual and transgender people.

Whilst the TUC have actively acknowledged lesbian and gay trade unionists since 1998, following a conference in 2009 it was agreed to extend the remit to include bisexual and transgender people.

The survey consisted of a short questionnaire on its website in December 2009 and encouraged bisexual members to respond, identify their union, their gender (or transgender status), and answer questions on whether they were 'out' as bisexual, whether they faced harassment from managers or colleagues, and their experience of their union's LGBT structures.

Based on the findings, the TUC will adopt recommendations for improvement for the LGBT sector of unions.
Full report available at: http://www.tuc.org.uk/equality/tuc-17536-f0.cfm
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OECD Harmonised Unemployment Rates (HURs) - February 2010
On 8 February 2010, the Organisation for Economic Co-operation and Development (OECD) published the latest harmonised unemployment rates (HURs).

It found that the unemployment rate in the OECD area remained stable at 8.8 percent in December 2009.

January 2010 figures for the United States and Canada saw a drop in unemployment rates. In the United States, the unemployment rate fell to 9.7 percent from a rate of 10.0 percent in December 2009. In Canada, the unemployment rate was 8.3 percent in January 2010, 0.1 percent lower than in the previous month and 1.0 percent higher than a year earlier.
Full report available at: http://www.oecd.org/dataoecd/17/54/44563975.pdf
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Women's employment strategy launched
On 9 February 2010, Vera Baird, Solicitor General and lead Minister for the Equality Bill, called for flexible working to become the norm, and an end to the outdated assumption that the 40/40/40 model - where we work forty plus hours per week, for forty plus weeks, over forty plus years - is the top career choice.

More women than ever before are working part-time (42 per cent of working women or 5.8 million women) but too many have to downgrade when they leave full-time employment. She expressed the need more highly skilled quality part-time jobs for women, and for men involved in caring and for businesses and the economy to flourish, according to the new cross-government women's employment strategy.

The overall pay gap between men and women is 22 percent. But the gap is much wider for women working part-time - median hourly earnings of part-time workers are 36.5 percent less than full-time workers - which has a negative impact on the household income for many families.

The Government has published Working Towards Equality: a Framework for Action, which demonstrates how it will work to tackle the gender pay gap, and ensure our labour market is one.
Full details available at: Government Equalities Office
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Pay freezes forecast for 2010
The Labour Research Department (LRD) has released data which indicates that the UK workforce will be faced with another year of pay freezes in contrast to rising inflation and economic recovery.

The ratio of pay freezes is rising and the proportion of wage freezes is increasing, according to LRD, which compiles data for trade unions. It said a third of all pay deals now included a pay freeze - the largest proportion since the recession began. The findings come despite a recent increase in inflation.

The LRD said that companies including Nissan and Hanson Building Products had already extended pay freezes that were introduced last year. A survey of unions found that two-thirds expected pay negotiations to be tougher in 2010 than they were last year.
Full story at: http://news.bbc.co.uk/1/hi/business/8503979.stm
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Rebranding of HSE Slips and Trips Website
Slips and trips are the most common of workplace hazards and make up over a third of all major injuries. Last year alone, over 10,000 workers suffered serious injury because of a slip or trip.

Under the Health and Safety at Work etc Act 1974:

Employers have to ensure their employees and anyone else who could be affected by their work (such as visitors, members of the public, patients etc.), are kept safe from harm and that their health is not affected. This means slip and trips risks must be controlled to ensure people do not slip, trip and fall;
Employees must use any safety equipment provided and must not cause danger to themselves or others;
Manufacturers and suppliers have a duty to ensure that their products are safe. They must also provide information about appropriate use.

On 1 February 2010, to coincide with the launch of phase 3 of the 'Shattered Lives campaign', the slips and trips website of the Health & Safety Executive has been rebranded with more and easier to find information for employers. There's even an assessment tool at www.hse.gov.uk/slips/sat/index.htm
More information is available at: Shattered Lives Website and Slips and Trips Website
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Improve employee engagement to boost workplace morale and the bottom line
On 4 February 2010, Acas, the employment relations service, published a new discussion paper citing building blocks for employee engagement.

Acas is encouraging UK businesses to prepare for the potential economic up-turn and highlights the simple procedures that can increase employee engagement in the workplace, to improve staff retention, increase morale and encourage greater productivity. It also indicates that there is a good case for focusing on employee engagement as a business priority. Employees who are committed to their work are much more likely to behave in a positive, cooperative way. Engagement is therefore a benefit to both employees and the business.

The new discussion paper Building employee engagement is available at: www.acas.org.uk/CHttpHandler.ashx?id=2672&p=0
A new Advisory booklet - How to manage change - is available at: www.acas.org.uk/CHttpHandler.ashx?id=2673&p=0
For more information visit: www.acas.org.uk/engagement
Source: http://www.acas.org.uk/index.aspx?articleid=2831
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New Thinking for a Changing Population
On at a conference held on 3 February 2010, Business Minister Pat McFadden's delivered his message to industry and charities stating that older people bring skills and experience to the workplace that can be an asset to business and their spending power can boost the wider economy.

The conference was aimed at experts from both sectors to discuss the economic challenges and opportunities of an ageing population. By 2050 over a third of Europe's population is expected to be over sixty years old. This means that there will be different pressures on services than there are today, but it also means a population with different needs and skills.

However the conference also looked at the considerable consumer power of the over fifties, as over forty per cent of annual consumer spending is done by this group.
Source: Department for Business, Innovation and Skills
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Increase in recruitment for sixth consecutive month
Results from a survey were released on 3 February 2010 indicated that the number of permanent staff placements rose for the sixth consecutive month in January 2010 and the number of job vacancies was at its highest since July 2007, with growth continuing for the fourth consecutive month.

The survey, the Report on Jobs, was carried out by the Recruitment and Employment Confederation (REC) and KPMG.

Although positive, the REC warned against being too optimistic as the effects of public-sector spending cuts could influence the overall picture.
Source: PM Online
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Train to Gain Helps Businesses of all Sizes Fight Recession
On 4 February 2010, the Department for Business, Innovation and Skills (BIS) announced that business leaders have hailed the Government's flagship Train to Gain programme, saying it has helped them provide vital training to their staff during the downturn.

Both large and small businesses have reaped the benefits of Government funded training support, which is backed up by figures released today by the Learning and Skills Council.

In a survey of employers who use the training initiative, 80 per cent said they were likely to recommend Train to Gain to other employers and use it again themselves. A significant number of employers (41 per cent) also said Train to Gain had helped them cope with the recession.

Since its launch in April 2006, Train to Gain learners have started over 1.54 million qualifications, and there have been over 960,000 qualifications awarded. More than 175,000 employers have been engaged through Train to Gain brokerage services. In 2010-11, the Government plans to invest nearly £1 billion through Train to Gain, building on the £38 billion that employers are already investing in training each year.

The Learning and Skills Council have published a report on Train to Gain, which can be found in the research section at www.lsc.gov.uk
Source: http://nds.coi.gov.uk/content/detail.aspx?NewsAreaId=2&ReleaseID=410936&SubjectId=2
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Launch of Pinewood apprenticeship scheme
On 4 February 2010, the Department for Culture, Media and Sport announced the launch of a new apprenticeship scheme designed to give young people a start in the UK's thriving film industry. Film Minister Siôn Simon launched the scheme at Pinewood Studios.

The 10 new apprentices join 12 others already working at the Pinewood Studio Group on a separate scheme run by Skillset, the organisation responsible for skills and training in the creative media industries.

These new posts are expected to contribute to the aim of 5,000 apprenticeships in the creative industries a year by 2013, a key pledge from the Government's Creative Britain report.

The Pinewood scheme runs for two years in collaboration with Aylesbury College. The apprenticeships - one in drapes and nine in business roles - combine work and training with an NVQ level 2&3 qualification.
Source: http://news.bbc.co.uk/1/hi/business/8497595.stm
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Fraudulent job offers & visa scams
Companies House has seen an increase in the number of complaints and queries regarding apparent job offers in the UK. These include offers with oil companies and the banking, hotel and college sectors. Examples are:

Adverts, purporting to be from oil or petroleum companies, for a variety of well-paid jobs in the UK, are being placed in reputable newspapers or websites. These adverts also usually offer facilities to obtain UK visas through their contacts. Payment for these visas is usually requested through a money service bureau. These jobs do not exist and the only legitimate way to obtain a UK visa is through the local UK embassy or commission - full details can be found at www.ukvisas.gov.uk. Make your own enquiries without using the contact details given by the company as these are also false.
There have been instances recently where Companies House customers have been contacted by someone claiming to be from Companies House, asking for verification of their WebFiling Authentication Codes.
There are a number of websites offering escrow services that claim to be "licensed and bond at Companies House". These sites are fraudulent in that Companies House does not licence or bond any company. These sites usually show the company register number of a genuine company but have no connection with the company itself.

If you believe that you have become a victim of an offence involving any such site, you should report this to your local Police.
Full details available at: Companies House
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FPB calls to retain default retirement age
On 1 February 2010, the Forum of Private Business (FPB) called on the Government to shelve plans to scrap the default retirement age.

Anticipating a future skills deficit, the Government has proposed the removal of the employer's option to retire workers when they reach the age of 65.

At present, with the employer's consent, an employee can work on past 65 and many employers recognise the skills and experience an older employee brings to the workplace. If the default retirement age is scrapped many business will be forced to retain the over-65s as a matter of course, taking more control away from business owners.
Source: Forum of Private Business
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Bill calls for safety duties on directors
A Labour MP is pressing for a new law to place legally binding, explicit safety duties on company directors. Aberdeen North MP Frank Doran presented his Health and Safety (Company Director Liability) Bill in a House of Commons debate on 19 January 2010.

Commenting on the existing voluntary code, produced by the Institute of Directors, he told MPs: 'Despite the enthusiastic reception of the code by business organisations, the majority of companies have not implemented its recommendations.' He added: 'The voluntary approach is not working, so more encouragement is needed to persuade employers to take health and safety much more seriously.

Further research commissioned by the HSE shows the importance of legal regulation compared with the voluntary approach.' The MP said his Bill 'will place a positive duty on all company directors to take all reasonable steps to ensure health and safety in all aspects of the company's activities - effectively to put them in the same position as all other employers and to remove a glaring anomaly in our health and safety laws. The evidence clearly shows that this will save the lives and livelihoods of people across the UK.' The Bill is scheduled to receive a second reading on Friday 23 April. The TUC, trade unions, personal injury lawyers, health and safety campaigners and victims' advocates have all called for explicit legal safety duties on company directors.
Source, TUC
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Revised Limits on payments under Employment Rights Legislation
On 1 February 2010, the Department for Business, Innovation and Skills (BIS) announced revised limits on awards and payment made to workers in certain employment rights cases, effective from 1 February under the annual index-linked formula.

The revised limits affect:

maximum amount of compensatory awards for unfair dismissal;
limit on guarantee payments made when employees are not provided with work; and
the minimum amount of compensation for exclusion or expulsion from a trade union.

This was covered in detail in Learnezia in January 2010 (available from www.bizezia.com)
Source: http://nds.coi.gov.uk/content/detail.aspx?NewsAreaId=2&ReleaseID=410779&SubjectId=2
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Government celebrates apprenticeships
On 1 February 2010, the government launched National Apprenticeship Week, celebrating the commitment of employers to recruit apprentices and also urging people to look at the benefits to their skills and career of becoming an apprentice.

Major UK employers are expecting to hire thousands of apprentices in 2010 and the government is encouraging all businesses to take up the new Apprentice Grant for Employers (AGE) scheme offering a £2,500 grant for each 16 or 17-year-old apprentice taken on.

Business Minister Pat McFadden will today visit a Morrisons supermarket in Camden, London, to congratulate the firm for its commitment to make 5,500 Government-funded apprenticeship places available by July 2010. Morrisons will be creating more than 20,000 apprenticeships in the next year, and offers training in Bakery, Butchery and Retail Skills, at level 2 (equivalent to five good GCSEs).

The supermarket is just one major UK employer making a commitment to apprenticeships this week. Crossrail has made a commitment to take on 400 apprentices in the next year through its contractors, and B&Q has said it aims to double its apprenticeship intake to 300 this September.

New research commissioned through the National Apprenticeships Service and the British Chambers of Commerce shows that more than three in five UK companies plan to recruit this year, while 62 percent of businesses who employ apprentices said they made a positive contribution during the recession.

The good news for young people considering apprenticeships is that drive and enthusiasm is the trait most prized by employers (83 percent) while having skills that the business will need in the future is also sought after (71 percent).
Source: Department for Business Innovation and Skills
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Health & Safety, Employment Law and Jobs - February 2010