Updates to existing Criminal Records regime and Vetting and Barring scheme (VBS)

A comprehensive review of the Criminal Records Bureau (CRB) and the Independent Safeguarding Authority (ISA) by an independent advisor, has prompted the Government to overhaul the existing system and propose plans for a new scaled back system to be introduced early in 2012.

Plans are under way to scale back the current vetting and barring scheme and the criminal records regime to a more manageable level, while still ensuring that vulnerable groups remain adequately protected.  This will mean that more than nine million people working or volunteering with children and vulnerable adults will no longer be required to register with the Independent Safeguarding Authority (ISA).

The new Protection of Freedoms Bill will result in the following changes:

• The merger of the CRB and the ISA to form a new unified body, providing a national barring and criminal records checking service, which will offer employers an online checking function.
• A large reduction in the types of job role that will require a criminal record check. This will only include those working most closely and regularly with children and vulnerable adults.
• The portability of criminal record checks between jobs to reduce needless bureaucracy.
• An end to the requirement for those working or volunteering with vulnerable groups to register with the ISA.
• Prevent employers requesting criminal record checks for individuals that do not require the checks.

The Protection of Freedoms Bill is expected to become law by early 2012, with an introduction of the revised scheme to be introduced soon afterwards.

Hopes are that the new scheme will ensure that children and vulnerable adults are protected adequately without dissuading volunteers from working with them.

Changes to Employment Law causes problems for small businesses

It has been revealed that small businesses are uncertain of their duties and responsibilities with regard to the existing and recent changes to employment legislation.

The National Audit Office (NAO) has reported that many companies would benefit from external HR assistance and corporate responsibility seminars and conferences being held.

Whilst many UK business owners understand the purpose for the changes, they feel that they are “unnecessarily burdensome” for small businesses.

There exist as many as sixty regulations that the companies have to constantly consider, which are set by a number of different bodies.  It is felt that government departments do not communicate the regulations effectively.

The British Chambers of Commerce (BCC) has recently revealed that the new employment legislation will result in a cost of £22.87 billion to UK companies for its implementation.

Over the next four years until April 2015, plans are in place for a further wide variety of employment changes, with seven planned to be implemented during the remainder of 2011.

We can support employers with advice on legislation changes and advise on the impact to your business.
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Agency Worker Regulations – Are employers ready?

Over a third of the organisations surveyed in Ranstad’s ‘Shifting Sands’ report admit that they are unfamiliar with the Agency Workers regulations (AWR) due to be implemented later this year.

With implementation delayed until 1 October 2011, it may feel like the pressure is off for now.  However, hirers should act now to identitfy just how they plan to accommodate the Regulations which will require preparation and revision of working practices

Key provisions in the Regulations include the rights of Agency Workers after being in the same job for 12 weeks:

• agency workers will be entitled to the same basic working and employment conditions  as permanent members of staff, including pay and holidays
• agency workers rights to pay will not only apply to the basic hourly rate, but to pay for work done, including bonuses which are directly related to agency workers’ personal performance
• the rights do not extend to some wider benefits enjoyed by permanent staff, such as sick pay and occupational pensions
• penalties for employers trying to avoid implementing equal treatment – anti-avoidance rules.

Agency workers will also be entitled to certain rights from day one, such as the same access to facilities and job vacancies.

Whilst considering the 12-week qualifying period, it is important to note that:

• a break in work from the same job i.e due to illness, maternity or closure periods (including school holidays) will not break the qualifying period.
• the length of break between assignments to distinguish it as separate, needs to be a minimum of 6 weeks
• the qualifying period can be broken if the worker takes on a different job role, where the main duties of the new job role are distinctively different.

It is imperative that the user of agency workers consider their workforce and put strategies in place to ensure compliance with the AWR when they are implemented.

Black Dog HR Consultancy Ltd can help – Call today 01280 817341

Changes to statutory payment rates 2011

In April 2011 the rates of statutory maternity (SMP), statutory paternity pay (SPP), statutory adoption pay (SAP) and statutory sick pay (SSP) will increase.

• SMP, SAP and SPP rates will increase from £124.88 to £128.73 (from 3 April 2011)
• SSP will increase from £79.15 to £81.60 (from 6 April 2011)
• The weekly earnings threshold for the SMP, SPP and SAP payments will also increase from £97 to £102 on 3 April 2011.

Changes to Tax & National Insurance Contributions

From 6 April 2011 the income tax bands will be increasing to the following:

Income Tax Bands

Basic rate (20%)   -   £0-35,000 per year
Higher rate (40%)   -   £35,001-150,000 per year
Additional rate (50%)   -   over £150,000 per year

Income Tax Allowances

Personal allowance   -   age under 65   -   £7,475 change of £1,000
Personal allowance   -   age 65-74   -   £9,940 change of £450
Personal allowance   -   age 75 and over   -   £10,090 change of £450

National Insurance Contribution rates 2011-12

Employee                                              NIC rate              Employer              NIC rate

Earnings below £102 (LEL)                       0                       Below £136          0

Earnings £102- £139 (PT)                        0                       Above £136          13.8%

Earnings £139 - £817 (UEL)                     12%

Earnings above £817                               2%

Who Will Take Care of Your Business If You Can’t?

A Lasting Power of Attorney (LPA) is a very powerful legal document that can help take care of your business if you are unable to.

Serious accident or illness causes dozens of people each day to lose their ability to make their own decisions.  People often don’t give a thought to what would happen to the business in these circumstances if there is only one business owner, or how a business partner would cope.

WITHOUT a Business LPA.... Your business could be at RISK!

Somebody must apply to the Court of Protection to be appointed as the person legally able to look after your affairs.  A process which can take up to 6 months.

Business accounts that require your signature can become locked and the effect on your business could range from an inconvenience to seriously damaging.

The person appointed by the Court may not be the person you would have chosen.  In some cases the Court can appoint a bureaucrat to look after your affairs, who then charges fees every time they act.

WITH a Business LPA.... YOU have control of your business!

YOU choose in advance, who YOU want to act on your behalf in your business .... whilst you are fit and well.

YOUR chosen person(s) has the right in law IMMEDIATELY to operate your business affairs if you are unable to do so for yourself.

For further information please contact:  Rosie or Arthur Boulton. Allguard Legal Services  Tel: 0845 056 8819

  
Health & Safety

Corporate manslaughter

The first corporate manslaughter case (against Cotswold Geotechnical Holdings after one of their employees was killed when a trench collapsed) has now concluded with the Company being found guilty and fined £385,000.

This now demonstrates that prosecutions under the Corporate Manslaughter Act 2007 can succeed, leading to a likely increase in its use by the regulatory bodies.

More cases are now expected in the coming months as numerous prosecutions have been held back pending this outcome.

How can you protect yourself?

Well a practical and relevant health and safety system understood by the employees can go a long way to avoiding an accident in the first place and can reduce any penalties in the event of one occurring.

If you require any assistance with any health and Safety issues please contact either Rialto Health & Safety of Black Dog HR and we will be only too pleased to help.

This e-mail address is being protected from spambots. You need JavaScript enabled to view it  01933 666990  or  This e-mail address is being protected from spambots. You need JavaScript enabled to view it  01280 817341
                

Special Points of Interest

Change to Flexible Working Regulations has been repealed 

The change due in April 2011 would have given parents of children under 18 years of age, the right to request flexible working. The situation therefore remains that parents of children under the age of 17 are able to request flexible working.

No extension to statutory right to request “Time to Train”

Following a consultation last year on the future of the right to request time to train, the Government has now confirmed that the relevant regulations will not be extended from 6 April 2011 to employees of small and medium-sized businesses.

The statutory right for employees in large business with 250 or more employees to request time to take up relevant training came into effect on 6 April 2010 and this will remain in place.  It has been decided to delay the implementation for small and medium-sized businesses, since further time is needed to examine the potential impact of the regulations on smaller businesses.

Majority of managers unaware internships may be illegal

New research has found that only 12% of senior and middle managers realise that unpaid internships may be illegal.

Whilst the majority of Companies offer Internships to provide work experience for students and to explore the opportunities of future recruitment, there are a % of companies that exploit interns as a source of free labour.

The requirement for employers now, is to pay at least the national minimum wage for someone who is working set hours and is given responsibilities, whether  they are called an ‘intern’ or not."

High Court rules in favour of Company over breach of confidentiality

An employee, who had been selected for redundancy with three months notice, transferred large amounts of highly confidential information to her private email address without the knowledge or consent of the employer.

When this was discovered, she was dismissed for gross misconduct.  The High Court held that the dismissal was justified as the employee was in fundamental breach of contract.  The employee argued she was entitled to transfer the information to protect her position in possible future litigation with the employer or in the event of a regulatory dispute.  Both arguments failed.

Employers often check the computer records of departing employees and this case provides an added incentive to do so.  It’s a useful reminder for employers to warn employees to take their duty of confidentiality seriously.

New Shared Parental Leave Arrangements

The Government has announced more detail on its plans for further introductions to flexible parental leave, to help parents balance their work and family commitments, planned to be introduced in 2015.  These updates are additional to the changes being made in April 2011, which allow mothers, who give birth on or after 3rd April 2011, to transfer all or part of their additional maternity leave to the fathers, if they decide to return to work.

40% of employees unhappy at work

A recent poll carried out by National Examination Board in Occupational Safety and Health found that 40% of UK workers are unhappy at work.

Happy workers tend to be more productive, take less time away from work for sickness absence and are more unlikely to look outside of the company for other opportunities.  A company can achieve many financial benefits by taking steps to ensure people feel good at work and are appy to give "that bit extra".

Talk to us about our Employee Engagement programme. Tel : 01280 817341