Open-access content
Friday 10th May 2013
—
updated 3.30pm, Tuesday 26th May 2020
From environmental and health and safety changes to dealing with flexible working and sick pay, the Workplace Law FM Legal Update conference showcased an array of issues that should be close to the top of a typical GM's legal compliance agenda
10 May 2013
The Workplace Law FM Legal Update event, held at Workplace Law's London office, offered speakers and delegates a chance to review the incoming legislation, consultations and suggested amendments.
Employment law
There has been a series of recent changes to HR and employment law. In a presentation by Tar Tumber, HR consultant at Workplace Law, delegates were taken through the dense technical amendments to workers' rights.
The Transfer of Undertakings (Protection of Employment) regulations (TUPE) have undergone a government consultation in recent months, and Tumber explained how the proposals under debate would allow for post-transfer change of work location to be a 'potentially fair' reason for dismissal purposes.
Furthermore, under the proposals, the current employer would be obliged to provide employee liability information to the incoming employer much earlier in the TUPE transfer process, rather than being able to wait until just 14 days before the transfer date. The consultation ended on 11 April, with a government response due in the coming months. The proposals are expected to come into effect in October of this year.
After a drawn-out parliamentary battle, the government has passed the employee shareholder contracts scheme, effectively a 'rights for shares' swap through which companies will be able to offer shares valued from £2,000 to employees in return for their giving up rights to flexible working, training, redundancy and unfair dismissal. According to Tumber this could result in an increase in discrimination claims.
Delegates expressed concern about the policy, many viewing it as allowing companies the power to 'buy out' employment rights.
Tumber also spoke about the changes to shared parental leave rights due to come into law from 2015. Women with partners meeting the qualifying conditions (having worked continuously for their employer for 26 weeks), will be able to choose how to share remaining 50 weeks and associated pay between them. This can be concurrent leave if they wish, or taken in a minimum of one-week blocks. Parents will also be entitled to 18 weeks' unpaid parental leave per child, an increase on the current 13 weeks.
Tumber then switched to flexible working arrangements. Currently only employees with children under the age of 17 or with eldercare responsibilities have the automatic right to request flexible working (but not the automatic right to work flexibly). However, both employers and employees had to work through a cumbersome and time consuming statutory process. Now, this has been replaced to make the process much easier and user friendly.
"The key change here is the removal of the complicated statutory process that had to be undertaken, which is now being replaced with a more fluid requirement to reasonably consider all such requests and respond within 3 months of the request being made."
'Business reasons' for refusal will need to be watertight in order to avoid any potential discrimination claims.
The employment update also made reference to workplace health. A health and work assessment advisory service is being set up by government and will come into effect by the end of 2014). Its aim is to reduce overall levels of sickness and a free occupational health assessment will be made available for long-term sick employees (those absent for four weeks or more). Employees refusing to attend will no longer be issued with a GP 'unfit for work' note.
Swayed opinion
Rob Castledine, conference chair and Workplace Law associate director, led a thought-provoking discussion on the effect the Corporate Manslaughter Act 2008 has had on workplace safety over the past five years, with delegates invited to air their views in an open-floor debate.
Only three cases have been prosecuted since the act came into force, despite more than 700 fatal accidents to workers in that time. The act did not create any new health and safety requirements, but essentially made it a separate criminal offence to charge a corporate body.
But there is also still an issue over terminology with the act, said Castledine. An organisation is deemed guilty if the way in which its activities are managed and organised causes a person's death, and amounts to a gross breach of a relevant duty of care.
The definition of 'gross breach' remains open to interpretation, thus making it harder for prosecutors to successfully convict a firm of corporate manslaughter. Also unclear is the level of 'senior management' responsibility to which the misdemeanour can be attributed.
As with any investigation, there is a time lag when pursuing details and interviewing the people involved. Some cases dating back to before the act coming into force were still being worked on, said Castledine.
There was, however, resounding agreement that the term 'corporate manslaughter' does act as a deterrent to senior management. Delegates spoke of how it had raised awareness among their companies' boards of the significant reputational risk that comes with a corporate manslaughter investigation.
Environmentally friendly
An environmental update was led by Workplace Law head of environment Peter Watts, who suggested that there has been a positive buzz around the implementation of the Green Deal for residential properties.
The Green Deal for commercial buildings is expected to be introduced before the end of this year. Watts pointed out that any energy efficiency improvements implemented through the scheme will be tied to the building rather than the company, so that if an organisation decided to relocate it would not be tied down to Green Deal repayments. The scheme could therefore be more beneficial to the landlord than the tenant.
Some delegates were sceptical about who would foot the bill for commercial Green Deal improvements. The scheme would benefit the landlord in the long term, but if the tenant is currently paying the energy bill, there would be little short-term gain for that organisation. Consequently, there could be an increase in rents to pay for Green Deal projects.
However, Watts also explained that there is zero capital outlay to any improvements; expected financial savings will be equal to or greater than the costs attached to the energy bill.
Watts also touched on changes to Energy Performance Certificates. From January this year, it has been mandatory for display energy certificates to be publicly displayed in the entrance area for all public buildings over 500 square metres. Looking to the future, Watts pointed out that from April 2018 it is likely that it will become illegal to let a commercial property with an EPC grading lower than 'E'.
Another recent change has been the introduction of mandatory reporting on their greenhouse gas emissions for all publicly listed companies.
There is a consultation, said Watts, for all large companies, listed or otherwise, to report
from 2016.
Cutting down
Simon Toseland, Workplace Law head of health and safety, joined Castledine in a thorough examination of health and safety legal updates.
Professor Löfstedt recommended a number of changes to health and safety regulations in his independent review, Reclaiming Health and Safety for All, published in November 2011. Löfstedt's follow up report, published this January, reviewed the government's progress on implementing the improvements.
Castledine and Toseland took delegates through the key actions from the report. Work is underway to consolidate sector regulations in an attempt to reduce the total number of health and safety regulations that businesses must comply with by 50 per cent by 2014.
After a consultation, it was announced in April that there will be amendments to the reporting of injuries, diseases and dangerous occurrences (RIDDOR). From 1 October 2013, there will be a simplified list of occupational diseases for which it will be necessary to report. Toseland explained that grey areas have been clarified. For example, after an injury at work, even
if the injured person is sent to a hospital as a precaution, a report must still be filed under the current regulations. Furthermore, self-employed workers no longer have to report injuries to themselves.
The next Workplace Law FM Legal Update is scheduled to take place on October 23rd.
The common commencement date of April 2013 saw implementation of a raft of new workplace regulations, ranging from health and safety to HR.
The Workplace Law FM Legal Update event, held at Workplace Law's London office, offered speakers and delegates a chance to review the incoming legislation, consultations and suggested amendments.
Employment law
There has been a series of recent changes to HR and employment law. In a presentation by Tar Tumber, HR consultant at Workplace Law, delegates were taken through the dense technical amendments to workers' rights.
The Transfer of Undertakings (Protection of Employment) regulations (TUPE) have undergone a government consultation in recent months, and Tumber explained how the proposals under debate would allow for post-transfer change of work location to be a 'potentially fair' reason for dismissal purposes.
Furthermore, under the proposals, the current employer would be obliged to provide employee liability information to the incoming employer much earlier in the TUPE transfer process, rather than being able to wait until just 14 days before the transfer date. The consultation ended on 11 April, with a government response due in the coming months. The proposals are expected to come into effect in October of this year.
After a drawn-out parliamentary battle, the government has passed the employee shareholder contracts scheme, effectively a 'rights for shares' swap through which companies will be able to offer shares valued from £2,000 to employees in return for their giving up rights to flexible working, training, redundancy and unfair dismissal. According to Tumber this could result in an increase in discrimination claims.
Delegates expressed concern about the policy, many viewing it as allowing companies the power to 'buy out' employment rights.
Tumber also spoke about the changes to shared parental leave rights due to come into law from 2015. Women with partners meeting the qualifying conditions (having worked continuously for their employer for 26 weeks), will be able to choose how to share remaining 50 weeks and associated pay between them. This can be concurrent leave if they wish, or taken in a minimum of one-week blocks. Parents will also be entitled to 18 weeks' unpaid parental leave per child, an increase on the current 13 weeks.
Tumber then switched to flexible working arrangements. Currently only employees with children under the age of 17 or with eldercare responsibilities have the automatic right to request flexible working (but not the automatic right to work flexibly). However, both employers and employees had to work through a cumbersome and time consuming statutory process. Now, this has been replaced to make the process much easier and user friendly.
"The key change here is the removal of the complicated statutory process that had to be undertaken, which is now being replaced with a more fluid requirement to reasonably consider all such requests and respond within 3 months of the request being made."
'Business reasons' for refusal will need to be watertight in order to avoid any potential discrimination claims.
The employment update also made reference to workplace health. A health and work assessment advisory service is being set up by government and will come into effect by the end of 2014). Its aim is to reduce overall levels of sickness and a free occupational health assessment will be made available for long-term sick employees (those absent for four weeks or more). Employees refusing to attend will no longer be issued with a GP 'unfit for work' note.
Swayed opinion
Rob Castledine, conference chair and Workplace Law associate director, led a thought-provoking discussion on the effect the Corporate Manslaughter Act 2008 has had on workplace safety over the past five years, with delegates invited to air their views in an open-floor debate.
Only three cases have been prosecuted since the act came into force, despite more than 700 fatal accidents to workers in that time. The act did not create any new health and safety requirements, but essentially made it a separate criminal offence to charge a corporate body.
But there is also still an issue over terminology with the act, said Castledine. An organisation is deemed guilty if the way in which its activities are managed and organised causes a person's death, and amounts to a gross breach of a relevant duty of care.
The definition of 'gross breach' remains open to interpretation, thus making it harder for prosecutors to successfully convict a firm of corporate manslaughter. Also unclear is the level of 'senior management' responsibility to which the misdemeanour can be attributed.
As with any investigation, there is a time lag when pursuing details and interviewing the people involved. Some cases dating back to before the act coming into force were still being worked on, said Castledine.
There was, however, resounding agreement that the term 'corporate manslaughter' does act as a deterrent to senior management. Delegates spoke of how it had raised awareness among their companies' boards of the significant reputational risk that comes with a corporate manslaughter investigation.
Environmentally friendly
An environmental update was led by Workplace Law head of environment Peter Watts, who suggested that there has been a positive buzz around the implementation of the Green Deal for residential properties.
The Green Deal for commercial buildings is expected to be introduced before the end of this year. Watts pointed out that any energy efficiency improvements implemented through the scheme will be tied to the building rather than the company, so that if an organisation decided to relocate it would not be tied down to Green Deal repayments. The scheme could therefore be more beneficial to the landlord than the tenant.
Some delegates were sceptical about who would foot the bill for commercial Green Deal improvements. The scheme would benefit the landlord in the long term, but if the tenant is currently paying the energy bill, there would be little short-term gain for that organisation. Consequently, there could be an increase in rents to pay for Green Deal projects.
However, Watts also explained that there is zero capital outlay to any improvements; expected financial savings will be equal to or greater than the costs attached to the energy bill.
Watts also touched on changes to Energy Performance Certificates. From January this year, it has been mandatory for display energy certificates to be publicly displayed in the entrance area for all public buildings over 500 square metres. Looking to the future, Watts pointed out that from April 2018 it is likely that it will become illegal to let a commercial property with an EPC grading lower than 'E'.
Another recent change has been the introduction of mandatory reporting on their greenhouse gas emissions for all publicly listed companies.
There is a consultation, said Watts, for all large companies, listed or otherwise, to report
from 2016.
Cutting down
Simon Toseland, Workplace Law head of health and safety, joined Castledine in a thorough examination of health and safety legal updates.
Professor Löfstedt recommended a number of changes to health and safety regulations in his independent review, Reclaiming Health and Safety for All, published in November 2011. Löfstedt's follow up report, published this January, reviewed the government's progress on implementing the improvements.
Castledine and Toseland took delegates through the key actions from the report. Work is underway to consolidate sector regulations in an attempt to reduce the total number of health and safety regulations that businesses must comply with by 50 per cent by 2014.
After a consultation, it was announced in April that there will be amendments to the reporting of injuries, diseases and dangerous occurrences (RIDDOR). From 1 October 2013, there will be a simplified list of occupational diseases for which it will be necessary to report. Toseland explained that grey areas have been clarified. For example, after an injury at work, even
if the injured person is sent to a hospital as a precaution, a report must still be filed under the current regulations. Furthermore, self-employed workers no longer have to report injuries to themselves.
The next Workplace Law FM Legal Update is scheduled to take place on October 23rd.
