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BEAUMONTS
RISK MANAGEMENT
DELIVERING THE EXCEPTIONAL

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Beaumonts Insurance Brokers Ltd. 12 Trevor Foster Way, Bradford, BD5 8HB Beaumonts (Leeds) Ltd Beech House, Manor Road, Horsforth, Leeds, LS18 4DX T: 0845 607 6154 F: 0845 3890 630 E: info@beaumonts-insurance.co.uk W: www.beaumonts-insurance.co.uk

Special Update: January 2013

Employment Law
Increase in Rates and Limits
From the 1st February 2013;

The maximum compensatory award for unfair dismissal will rise from 72,300 to 74,200. The maximum amount of a weeks pay, used to calculate statutory redundancy pay, will rise from 430 to 450.

Increase in Parental Leave Entitlement

From the 8th of March 2013;
The maximum amount of parental leave a qualifying employee can take per child will increase from 13 weeks to 18 weeks. For further information and guidance on parental leave please contact our Employment Law Department on: 0845 6076 154.

Case Law Update

Continuity of Employment: Offering further Employment
Case: Welton v Deluxe Retail Ltd (t/a Madhouse) UKEAT/0266/12 Facts: The employee was dismissed after 13 months employment, when the employer closed his place of work. Within a week, he accepted further employment from the same employer, at different premises, to start the week after (so two weeks after originally being dismissed). The employee was then dismissed again nine months later, and he entered an unfair dismissal claim. The employer argued that the employee had less than 12 months service, and so could not bring his claim. The Employment Appeal Tribunal held that, once the employee had accepted the further offer of employment, there was a contract of employment in force. It was not necessary for work to have actually started under that contract. Therefore, in this case, there was not a clear break in employment of at least one week, as the employee had accepted a further offer of employment within a week of being dismissed, and so his continuity of employment was not broken. Therefore, the employee had over 12 months service, and so he could bring his unfair dismissal claim. The Employment Appeal Tribunal also held that, in any event, the two week break in employment was only a temporary cessation of work. Therefore the employees continuity of employment continued throughout that break. Comment: In order to break continuity of employment, an employer must ensure that there is at least one weeks break between contracts (ending with a Saturday). However, this case highlights that, if a further offer of employment is made, and accepted, within that week, continuity of employment will not be broken. Therefore, employers should ensure that there is at least one weeks break, ending with a Saturday, before offering further employment. Further, there are other events that do not break continuity of employment, including where there is a temporary cessation of work i.e. if the reason for the break is because there is no work for the employee to do. For further advice on continuity of employment, please contact our Employment Law Department on 0845 6076 154.

Are your employees capable of murder?

Case: Vaickuviene and Ors V J Sainsbury Plc, Court of Session (Outer House) Could the murder of one employee by another in the work place be construed as being so closely connected with the employment, that the employer should be vicariously liable? Facts: The victim (R) was a Lithuanian national who worked for the Company (S), a supermarket chain. R was racially harassed at work by one of his colleagues (M) who was a known member of the British National Party. M was also aggressive, argumentative and openly made racist remarks. On one occasion M verbally abused R, using racist language. R raised a grievance to his employer S. S took no action to suspend M, warn him, or separate the two employees at work. A couple of days later, whilst on a shift break, M didnt want R to sit at the same table as him. An argument broke out, which later resulted in a fight between the two colleagues in the toilets. M was then seen acting strangely, pacing up and down, before taking a knife from a shelf in the store. M stabbed R with the knife and was later found guilty of his murder. The family of R commenced proceedings against S. They argued that Ms conduct, in stabbing a man to death in the work place, should be regarded as harassment (albeit an extreme form of harassment), for which S should be vicariously liable. S made an application for the claim to be dismissed, asserting that it was not responsible for Ms actions. M was not in a position of responsibility at S, nor was he given any duty of care over R or other employees. S felt that M was not acting during the course his employment, it asserted that there were no circumstances from which the court could conclude the necessary connection between Ms duties as part of his employment and the murderous act. Rs family argued that the harassment and the murder, including taking the weapon from a shelf in the store, were connected to the employment situation. The Court of Session concluded that Ms harassment of R had taken place over a long period of time during which the two employees had worked together on a regular basis. The harassment was frequent and was carried out both verbally and physically. The Court held that Ms actions were capable of being connected with his work, in particular, the way he responded to Ss choice of employee and his reaction to Rs grievance. The Court of Session was of the view that the case should go to a full hearing. An appeal to the Inner House Court of Session is to be heard in March 2013. Whilst the outcome is yet to be determined, the circumstances of the case highlight the importance of having a clear harassment policy and grievance/complaints procedure in place. An employer should address all grievances raised by employees and take the appropriate action. The appropriate action will depend on the nature and the seriousness of the allegations raised by the aggrieved employee. For further advice and assistance in regards to harassment, vicarious liability and employee grievances, please contact our Employment Law Department on 0845 6076 154.

Right to be accompanied
Employees have the right to be accompanied by a work colleague or a trade union representative during formal disciplinary and grievance proceedings. However, what if an employee requests to be accompanied by someone other than a colleague or a trade union rep, such as a family member or close family friend? Quite simply, you may refuse to allow this person to attend. Some employers prefer to allow employees to bring a family member or friend if they request this. It shows that the employer is willing to go above and beyond its legal responsibilities to assist the employee throughout the proceedings. It may also be beneficial to the employer, as it prevents other employees from becoming aware of the circumstances, reducing workplace gossip. On the other hand, what if the friend has a number of years experience working in employment law? What if they volunteer at the Citizens Advice Bureau, or work as a consultant? Their attendance could greatly disrupt proceedings, and compromise the companys position. One slip of the tongue during the meeting which would otherwise go unnoticed could leave the company in a tricky situation. It is important to always think carefully before allowing an employee to be accompanied by someone other than a colleague or a trade union representative. The safest option would be to refuse to allow anyone, other than a colleague or trade union representative to be present. If you do choose to grant the employees request we suggest you take the following steps; 1. Ask the employee how they know the representative and what the representative does for a living (prior to the meeting). 2. If the representative is a legal advisor, solicitor, or their extensive employment law knowledge would make their presence unreasonable it is recommended that you refuse to allow the representative to attend. (The employee should be reminded of their right to bring a colleague or trade union rep). 3. If such information doesnt come to light until the day of the meeting, the meeting should be rescheduled to allow the employee time to ask a colleague or trade union representative to attend instead. It is recommended that you give the employee 48 hours notice of the re arranged meeting date. For further advice and assistance in regards to disciplinary and grievance procedures please contact our Employment Law Department on 0845 6076 154. Our fully qualified consultants can attend these meetings at your request and assist in handling such issues.

Health & Safety

HSE top 10 tips following London Olympic 2012 Project
1. i. ii. 2. iii. iv. v. 3. vi. vii. viii. 4. ix. x. Leadership; Lead by Example walk the walk and talk the talk Health Risk Management equal priority to accident prevention, happy healthy workforce. Planning; Consider the Risks plan ahead and manage the risks Adapt working practices to manage identified risks focus on practical measures Review and learn consider failings, adapt and avoid reoccurrence. Communication; Communication Skills right skills to deliver the message A short daily activity briefing before works for Safety and efficiency Dos and donts visual standards can get message across Worker engagement; Two-way dialogue listen and involve workers in problem solving Shared learning points (Fair Blame) if mistakes are made use them, if rules are flouted apply sanctions.

Open Training Courses 2013 - January to June

Course Title
IOSH Managing Safely (4 days)

Course Dates
Wednesdays - 16th, 23rd, 30th January and 6th February Wednesdays - 1st , 8th, 15th and 22nd May 30th January 6th March 9th May 12th February 25th April 18th June 25th February 29th April 24th June

Location
Horsforth , Leeds Horsforth, Leeds

Costs
380.00+VAT 380.00 +VAT

day Fire Warden

Bradford Bradford Bradford Horsforth, Leeds Horsforth, Leeds Horsforth, Leeds Horsforth, Leeds Horsforth, Leeds Horsforth, Leeds

40.00 + VAT 40.00 + VAT 40.00 + VAT 40.00 + VAT 40.00 + VAT 40.00 + VAT 40.00 + VAT 40.00 + VAT 40.00 + VAT

day Basic Manual Handling day Asbestos Safety Awareness

All Courses start @ 9.00 am Contact lorraine.brown@beaumontsrm.co.uk or call 0845 6076154 to book or for more information!

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Beaumonts Risk Management LLP, 12 Trevor Foster Way, Bradford BD5 8HB. Registered in England No: 335372 Beaumonts Insurance Brokers Ltd - Registered in England No: 940512 Beaumonts (Leeds) Ltd - Registered in England No: 1691009 Beaumonts Risk Management LLP is an Appointed Representative of Beaumonts Insurance Brokers Ltd which is authorised and regulated by the Financial Services Authority