http://www.ukbusinesslabs.co.uk/forums/blogs/ UK Business Labs - a business networking forum for help, advice, marketing and promotion for uk-based, small to medium sized businesses. en Sun, 21 Mar 2010 04:03:04 GMT vBulletin 60 http://www.ukbusinesslabs.co.uk/forums/images/misc/rss.jpg http://www.ukbusinesslabs.co.uk/forums/blogs/ http://www.ukbusinesslabs.co.uk/forums/blogs/smart-h-and-s-solutions/195-stanton-v-collinson-24-2-10-contributory-negligence.html Fri, 12 Mar 2010 10:05:17 GMT Friday, March 12th, 2010 Defendant failed to show that seatbelt would sufficiently have reduced Claimant’s injuries to require a reduction for... Friday, March 12th, 2010

Defendant failed to show that seatbelt would sufficiently have reduced Claimant’s injuries to require a reduction for contributory negligence; Froom v Butcher still good law. The Claimant was one of five passengers in a car being driven late at night by the Defendant. The car was involved in a collision, causing serious brain damage to the Claimant. Primary liability was admitted and the key issue was contributory negligence. The Claimant had been sharing the front passenger seat with another passenger and neither of them had been wearing a seatbelt. Experienced road accident safety engineers reached agreement that a properly worn seatbelt would probably have been beneficial in reducing the severity of the injury suffered. At first instance the Judge declined to reduce the damages for contributory negligence on the grounds that, despite this, it had not been shown that a belt, if worn, would sufficiently have reduced the injuries suffered.

Held

The Judge had to decide whether the evidence showed, on the balance of probabilities, that a seat belt would sufficiently have reduced the injuries to require a reduction for contributory negligence. The Court of Appeal held that this decision was a fine one and she was entitled to say that the issue of causation had not been proved.

Comment

This case is an important reminder that, when seeking to argue contributory negligence for not wearing a seatbelt, it is vital that there is clear expert evidence that a seatbelt would have reduced the severity of the injury. This evidence should come from an appropriately qualified medical expert. Only once causation has been proved will a court decide whether a reduction of 15% or 25% for contributory negligence should apply.

The decision is also the latest in a long line of attempted challenges to the guidance set out by Lord Denning in Froom v Butcher [1976]. Given the Court of Appeal’s findings, it was not necessary for the Court of Appeal to review Froom v Butcher in detail. However, in a clear endorsement of this decision, Lord Justice Hughes stated that no indication should be taken “that I would otherwise have welcomed the opportunity to re-visit the judicial anticipation of modern public attitudes which underlay Froom v Butcher.”

What would it take for Froom v Butcher to be overturned? As the Court of Appeal pointed out in this most recent decision, there is a powerful public interest in there not being an enquiry into fine degrees of contributory negligence, but this would not necessarily prevent the figures of 15% and 25% being increased. It is clear that there is judicial resistance to any changes being made. However, that is not to say that if an insurer picked the right case, and collated strong evidence from appropriate experts, another challenge could not be made.

With thanks to Kennedys for this article.

Kennedys is one of the leading dispute resolution firms in the City of London. The firm has 109 partners. It has seven UK offices; one in the City and one each in Belfast, Birmingham, Chelmsford, Cambridge, Maidstone, Manchester and Taunton. Worldwide the firm has offices in Spain, Dubai, Hong Kong, Singapore, Sydney and New Zealand and associated offices in India, Ireland, Pakistan, the US, France, Australia, Poland, Portugal, Dubai and UAE.

The firm is a major player in the insurance/reinsurance dispute resolution field and also has a great depth of expertise in areas such as employment law, health & safety, clinical negligence, construction, corporate recovery, regulatory defence and company and commercial law.

SMART Health & Safety Solutions would not hesitate to recommend – and work jointly with this specialist law firm on matters related to professional legal representation. ]]> http://www.ukbusinesslabs.co.uk/forums/blogs/smart-h-and-s-solutions/195-stanton-v-collinson-24-2-10-contributory-negligence.html http://www.ukbusinesslabs.co.uk/forums/blogs/smart-h-and-s-solutions/194-skin-safety-employer-duties-protect-workers.html Thu, 11 Mar 2010 11:53:40 GMT Skin Safety in the Sun. Thursday, March 11th, 2010 With the sun currently shining and rising higher each day, once again employers and... Skin Safety in the Sun.

Thursday, March 11th, 2010

With the sun currently shining and rising higher each day, once again employers and individuals should consider protection from the potential harmful rays.

The last twenty years have seen a dramatic rise in the number of cases of skin cancer. In the UK alone, the number of new cases has nearly doubled. We now have over 40,000 new cases – and over 2000 deaths every year from skin cancer. Though statistically it is the second most common form of cancer, many experts think it is probably the most common because many minor cases are not officially registered.

Nowadays however most cases of skin cancer are completely curable. Nine out of ten cases are NON-MELANOMA of which there are two types, basal cell carcinoma and squamous cell carcinoma. These are rarely fatal if treated early, and they tend to appear on the more exposed parts of the body in later life. It is thought that they arise as a result of cumulative exposure to the sun and are therefore more common in older people and those who have spent much of their time outdoors, for instance agricultural workers.

One in ten cases, however are the more dangerous MALIGNANT MELANOMAS. These spread rapidly and can kill if not treated quickly. They can often be linked to sunburn or occasional overexposure, and are more common in younger people. For this reason children and infants, who tend to spend more time outdoors, need special care.

Employers have a legal duty to protect the health and safety of their employees.

Health and Safety at Work Act (1974)

Management of Health and Safety at Work Regulations (1999)

There is information about employers’ legal obligations on the Health and Safety Executive website.

If you are an employer or manager responsible for people whose work keeps them outside for most of the day, please read this leaflet. It gives advice on reducing the health risks for your employees when they are working in the sun.

Exposure to ultraviolet (UV) radiation from the sun can cause skin damage including sunburn, blistering, skin ageing and in the long term can lead to skin cancer. Skin cancer is the most common form of cancer in the UK, with over 40 000 new cases diagnosed each year.

UV radiation should be considered an occupational hazard for people who work outdoors.

Who then is at risk?

People with pale skin are most at risk of skin damage, especially those with fair or red hair, with a lot of freckles or with a family history of skin cancer.

People with brown or black skin are at low risk but people of all skin colours can suffer from overheating and dehydration.

Include sun protection advice in routine health and safety training. Inform workers that a tan is not healthy – it is a sign that skin has already been damaged by the sun.

What can I do as an employer?

Encourage workers to keep covered up during the summer months – especially at lunch time when the sun is at its hottest. They can cover up with a long-sleeved shirt, and a hat with a brim or flap that protects the ears and neck.

Encourage workers to use sunscreen of at least SPF (Sun Protection Factor) 15 on any part of the body they can’t cover up and to apply it as directed on the product. They might prefer to use a spray or an alcohol-based (non-greasy) sunscreen.

Encourage workers to take their breaks in the shade, if possible, rather than staying out in the sun.

Consider scheduling work to minimise exposure.

Provide water points and rest areas in the shade.

Encourage workers to drink plenty of water to avoid dehydration.

Keep your workers informed about the dangers of sun exposure – make use of the Health and Safety Executive (HSE) leaflet Keep your top on (see ‘Further information’). See links at the end of this article.

Encourage workers to check their skin regularly for unusual spots or moles that change size, shape or colour and to seek medical advice promptly if they find anything that causes them concern. Consulting your employees and their safety representatives is important. Take their views into account when introducing any new sun safety initiatives.

What benefits are there?

Fewer absence days through sunburn.

A healthier and better-informed workforce.

Reduced risk to employees of skin cancer from
long-term sun exposure.

Sun Protection six-point code.

Keep your top on. Clothing forms a barrier to the sun’s harmful rays- especially tightly woven fabrics;

Wear a hat with a brim or flap that covers the back of neck and ears- avoiding sunburn;

Stay in the shade, whenever possible, especially at lunchtime;

Use a high factor sunscreen of at least factor SPF 15 on exposed skin. Apply as directed on the product;

Drink plenty of water to avoid dehydration;

Check your skin regularly for unusual spots or moles which may have changed. See a doctor immediately if you see anything that is changed in shape, size, colour, itching or bleeding .

Full article at:
http://www.smarthss.co.uk/2010/03/11...ty-in-the-sun/ ]]> http://www.ukbusinesslabs.co.uk/forums/blogs/smart-h-and-s-solutions/194-skin-safety-employer-duties-protect-workers.html http://www.ukbusinesslabs.co.uk/forums/blogs/smart-h-and-s-solutions/193-farming-safely.html Wed, 10 Mar 2010 16:53:41 GMT Farming Safely Wednesday, March 10th, 2010 With the fine weather just around the corner (says who?) Farmers face long days over coming months... Farming Safely

Wednesday, March 10th, 2010

With the fine weather just around the corner (says who?) Farmers face long days over coming months to once again generate sufficient income to survive. Needless to say, accidents are not something wished upon the community, but these long days and temporary workers put great strains on farmers. The HSE have launched a new website dedicated to helping the farming community. I would urge everyone in this industry to take advantage of this service.

SMART Health & Safety Solutions can also assist Farmers to achieve a zero tolerance and expectation to accidents during their farm based activities.

(SHAD) Safety & Health Awareness day.

Too many farmers are dying as a result of work activities. A Safety and Health Awareness Day (SHAD) provides an excellent opportunity for those working on farms get practical advice free of charge from trained instructors with an industry background and take often simple and cheap precautions to avoid people being killed, injured or made ill on their farm.

HSE Wins award for ‘Make the Promise’ campaign.

The campaign urging farmers to ‘Make the promise. Come home safe’ in a bid to reduce the high rate of death and injury in the sector, has won a prestigious marketing award

Campaign press release

Make the promise

Rail Crossings.

User-worked rail crossings (ie those without automatic barriers, etc) pose a significant risk to road and rail users. As farm vehicles and machinery get wider, longer and higher, it takes more time to cross rail tracks and the risk of a collision is increased. This topic has been featured at several ‘transport safety’ events this year and Network Rail and the Office for Rail Regulation (ORR) hope to run further events for authorised users (mainly farmers) and others such as contractors, utility companies, etc. If you would be interested in attending one of these sessions please contact alan.plom@hse.gsi.gov.uk

Meanwhile, if you have an issue or need advice concerning a specific crossing contact Network Rail on 08457 114141.

Pesticides Annual Report.

Figures published in HSE’s annual Pesticides Incident Report 2008/09 show a decrease in the total number of incidents and complaints involving pesticides reported and investigated by the Field Operations Directorate (FOD) of HSE between 1 April 2008 and 31 March 2009.

During the year, FOD staff investigated 92 reported pesticide incidents, including 33 cases involving allegations of ill health. The majority of people involved in reported incidents were, as in previous years, members of the public.

The report comprises statistical information on complaints and enforcement, a report on alleged ill-health incidents reviewed by HSE’s Pesticide Incidents Appraisal Panel (PIAP) and environmental and other complaints not alleging ill health.

PIAP considered all 33 of the reported incidents involving allegations of ill health. The panel assessed 12 of these cases as ‘likely’ to be linked to pesticide usage.

Full report

New Agricultural Website.

In line with changes to HSE’s website the site is here; Agriculture webpages.

In addition to ‘Farmwise’ HSE’s suite of free guidance covering a wide-range of agriculture health and safety topics and issues are also available on HSE’s website.

Agriculture publications

Overhead Power-lines: Incidents.

Outdoor workers are being urged to take extra care near overhead electricity lines after two men suffered 11,000-volt electric shocks and burns.

Two Norfolk teenagers suffered electric shocks while working on a farm near Thetford ]]> http://www.ukbusinesslabs.co.uk/forums/blogs/smart-h-and-s-solutions/193-farming-safely.html http://www.ukbusinesslabs.co.uk/forums/blogs/spock/192-acrylic-prints.html Mon, 08 Mar 2010 14:16:18 GMT Image: http://www.fotoviva.co.uk/images/acrylic/acrylic-header.jpg We have just launched a new acrylic print method which gives a much better...
We have just launched a new acrylic print method which gives a much better result, making it truly glossy and easy to hang on your walls. All our photographic images can be printed on acrylic and you can find more information on our news page for acrylic art prints

If you need any help please PM me. ]]> Spock http://www.ukbusinesslabs.co.uk/forums/blogs/spock/192-acrylic-prints.html http://www.ukbusinesslabs.co.uk/forums/blogs/smart-h-and-s-solutions/191-health-safety-not-important.html Fri, 05 Mar 2010 10:13:44 GMT Bosses do not see health and safety as an important issue, according to a survey by Premierline Direct. Only 37 per cent of managers say staff... Bosses do not see health and safety as an important issue, according to a survey by Premierline Direct.

Only 37 per cent of managers say staff welfare and safety is a concern, compared with 86 per cent who cite profit growth as important.

Chris Little, Managing Director of the firm, says health and safety needs to be taken more seriously: ‘Adopting a responsible approach to the welfare of staff and customers can not only help remove many potential hindrances affecting productivity, but will undoubtedly protect lives.

‘In addition, it is not always recognised that failure to prove the business is complying with health and safety legislation could also invalidate insurance policies, leaving the company exposed to prosecution.’

An excellent prognosis by Mr Little, and had the survey be more representative of UK SME’s I would have been appalled at these figures. Although all is not what it may seem!

Of the 800 businesses polled, 61 per cent of SMEs say they don’t have a formal health and safety policy and of those that do, 78 per cent say they haven’t amended it within the last year.

The insurer found that 61% of respondents don’t have a formal written health and safety policy in place, while 78% said they haven’t amended it in the last year. The Health and Safety Executive does say that companies of five or more employees ‘should’ have a written policy. They actually say a lot more (MJ)!

Whilst profit is of course why most businesses are by and large trading , it may not be common knowledge that research published by the HSE on an annual basis, shows that around two – three million people were suffering from an illness they believed was caused or made worse by their current or past work.
This led to a total of 36 million work days lost (1.5 days per worker), 30 million due to work-related ill health and six million due to workplace injury. Estimates range between three and four billion pounds are lost annually. Whilst many organisations will consider this an acceptable loss, indeed when calculated down to an individual SME the figure is somewhat comparable to having a fiver on a weekly lottery punt against winning a multi-million pound jackpot and thus for many becomes an acceptable financial loss! It is not so much the result that is disconcerting; it is why the levels are so high.

This of course does not include financial punishment or time & money lost to section 21 and 22 notices (Improvement & Prohibition), when added up it runs to a princely sum. This survey by Premierline in this writer’s opinion, is quite frankly not worth the paper it is written on – and portrays a completely ambiguous and biased depiction of health & safety compliance among SME’s.

Without delving further I had the following information on file from 2004, and this gives a quick breakdown for SME’s in the UK.

• 2,200,000 businesses have no employees (about 61% of SMEs).

• 1,450,000 businesses have an annual turnover of less than £50,000 of SMEs).

• 1,350,000 businesses have less than £10,000 worth of assets.

So to poll 800 businesses and come up with ‘a’ result that is intended to be truly representative of UK SME’s, is about as much use as a handbrake on a canoe. Notwithstanding though, I do applaud any effort to improve workplace health and safety, so long as a truly representative poll is taken before presenting erroneous facts to industry.

Compliance and time spent on health and safety is frequently exaggerated. If you happen to be an SME and you are still awake, go to Helpful advice from the HSE and see for yourself what is required. If then you require any advice or interpretation, don’t hesitate to call SMART Health & Safety Solutions for added assistance. What I will say is; it is nowhere near the problem you might think. ]]> http://www.ukbusinesslabs.co.uk/forums/blogs/smart-h-and-s-solutions/191-health-safety-not-important.html http://www.ukbusinesslabs.co.uk/forums/blogs/smart-h-and-s-solutions/190-risk-analysis.html Tue, 02 Mar 2010 12:40:42 GMT Focusing on workplace safety, because that is what SMART Health & Safety Solutions offers on a daily basis, one can also apply risk analysis to almost all facets of the business operation, from new projects, improving techniques, processes and general conditions. Indeed, it may be that a considered judgement has been made to perhaps relocate to another area, in the hope perchance that easier access to motorways, access to new staff, clients etc will bring about major changes and eventual rewards.

I have been involved in many diverse projects over the years, and not withstanding of course that initially it is usually a safety based commission. As with many clients though, one tends to see the business operation with a fresh pair of eyes and on occasions I have witnessed some ‘differing’ methods employed in the hope of maintaining or improving profitability and well-being within an organisation.

One such event occurred purely by chance whilst auditing the safety standards of a company. Initially my remit was solely restricted to the safety commitment of the business, but as so often happens – areas link, or cross-over. I happened to see a particular process of interest, one of which the company had considered closing down; I asked if they objected to me making a couple of suggestions. They were at the outset reluctant, but with some moderate persuasion and an offer to look at this particular process for free – I set to work applying general risk analysis. To cut a rather lengthy story short, within six months it became the most profitable area the company had worked in since initial se-up in 1988. It now employs twenty staff working all round the UK offering a service to industry that was initially deemed to be a failure. Whilst there was a considerable amount of safety analysis, it was not restricted to this element, and with some careful consideration and robust recommendations (which I admit did include some moderate investment) the organisation decided to run with my risk analysis proposals. One should therefore not be constrained into thinking the phrase ‘risk-analysis’ is limited exclusively to Health and Safety in the workplace. And yes, I received a sizeable bonus for my input. ‘Spratt to catch a Mackerel’ springs to mind I hear you thinking! Moi? No never.

Risks can be both foreseeable and unforeseeable. In each case however, perceptive directors & managers are equipped with some means of dealing with them. Many risk management plans address only foreseeable risks and fail to address the unforeseeable ones, hence the organisation quickly falls into the trap of becoming a repetitively reactive one. For that reason, planning must include a degree of schedule, cost, and scope margin. The most effective way to manage risk is to adopt a process that systematically deals with the overall problem of uncertain events and conditions that might affect overall or eventual objectives.

The health and safety policy of a business can only be considered if all participants have calculated and assessed the likelihood and nature of the risk in the workplace. Risk management is a twenty-first century buzz word – but in no means a new discipline. More and more businesses and organisations recognize the need to identify risks within them so that they can be eliminated, controlled or mitigated. It is important to exercise risk mitigation when it affects people, the environment, and one’s business, to name a few. Risk avoidance cannot make the potential of even greater loss from happening go away.

The question is, as a manager, how would I know which particular sets of risks need a special level of attention? Given incomplete resources, how would I know which particular types of risks need to be prioritised and addressed?

When installing bespoke safety management systems I always include a risk matrix. This is a risk assessment tool which exposes aspects of risks that could be subjected to some form of ranking. The matrix will contain ranges of consequence and likelihood. A risk matrix shows the manager and the decision maker a clearer view of what the risk is, what is involved (in terms of practical changes, costs, behavioural adjustments, and the like), and what amount of time can be afforded given the severity and probability of the risk event. It can help a manager visualise, in a prearranged manner, the risks he or she faces in quantitative and qualitative terms – and plan to make a more conversant decision when the circumstances dictate. In the majority of cases I find a quantitative system to be the method of choice.

The work of an organisation and the equipment used – frequently changes to improve efficiency as the turnover of work increases. When any characteristic of work changes in the workplace we are then charged with the duty to consider the implications on the workforce.

A risk analysis and appraisal can lessen the prospect of ill health or physical risk in the future. Often reducing staff or improving productivity by implementing new machinery can alleviate physical problems – but bring about psychological problems leading to increased stress in some cases. Good in house risk assessments can allow the staff and the workforce to discuss and apply best practice to render better productivity without significant risk to the workforce.

Using outside risk assessment need not be expensive. If in house costs are set against potential fee cost, outside consultants can sometimes bring a fresh perspective to solving problems. The mix of ideas can also be a major benefit of using third party assessors in the workplace.

In any event a rational safety strategy cannot be formulated without elementary knowledge of the impact of risk in the workplace you may control. Whether your risk assessment is expensive or low cost, the need for careful scrutiny of the modus operandi employed to reduce risk in the workplace – will always work out to be cheaper than a personal injury claim if you are unfortunate enough to be considered errantly negligent. ]]> http://www.ukbusinesslabs.co.uk/forums/blogs/smart-h-and-s-solutions/190-risk-analysis.html http://www.ukbusinesslabs.co.uk/forums/blogs/smart-h-and-s-solutions/189-no-i-cant-do-nothing.html Mon, 01 Mar 2010 18:54:10 GMT Potential client calls..."Hi, very interested in your consultancy services."

"How can I help."

"I'd like you to do a survey (600 employees, factory set-up) probably take you best part of a week. But, the catch is I want it done for no charge so I can see how good you are."

"Thank you for contacting me, but I have taken on three new clients in the past week, I think I shall pass on your kind invitation."

"Your loss" as the phone is hung up.

Sigh...as I hang up.

]]> http://www.ukbusinesslabs.co.uk/forums/blogs/smart-h-and-s-solutions/189-no-i-cant-do-nothing.html http://www.ukbusinesslabs.co.uk/forums/blogs/smart-h-and-s-solutions/188-work-related-stress-statistics.html Mon, 01 Mar 2010 16:52:17 GMT To achieve a precise cost to UK PLC for workplace stress is about as likely as me becoming the next PM. It varies at times quite erroneously –... To achieve a precise cost to UK PLC for workplace stress is about as likely as me becoming the next PM. It varies at times quite erroneously – depending on whose figures you wish to take as being the most accurately produced. We are however talking in terms of a cumulative millions … that much is certain!

At present occupational stress is not a reportable disease. However, there are cases of severe stress-related illnesses that can be reportable under RIDDOR as an injury, provided that they have arisen as a result of a work accident. ‘Injury’ can be interpreted to incorporate psychological as well as physical injury. The Health and Safety Executive (HSE) define stress as “the adverse reaction people have to excessive pressures or other types of demand placed upon them”.

The Health and Safety at Work Act 1974 which states that employers have a duty to ensure that, as far as is reasonably practicable, their workplaces are safe and healthy. They must also take measures to control any risks that are indentified. There is no one simple or single way to determine the level of risk. Ranking hazards requires the knowledge of the workplace activities, urgency of situations, and most importantly, decisive judgement.

The Management of Health and Safety at Work Regulations 1999 state that employers must carry out a risk assessment of the risks in the workplace. Any measures they take to control the risks must be based on this assessment.

The effects of stress can lead to physical symptoms of ill health, such as heart disease, as well as longer term psychological damage. Many of the early outward signs will be noticeable to managers and work colleagues – and should alert those with significant control and responsibility for workplaces – to problems within the organisation.

Long-gone are the days when a business or employer could turn the other cheek and ignore symptoms of stress related angst at work. Today the task of identifying stress no longer rests solely on the shoulders of Personnel (Human Resources) that is of course if an employer has such assistance within the organisation.

The impact of pressures within personal life cannot be ignored. Whilst the employer cannot be held directly responsible for them, these factors play a fundamental part in work performance. It is said; ‘Work-stresses go home with the worker. Home-stresses come to work with the worker.’

SMART Health and Safety Solutions was once tasked with trying to establish root causation of stress absenteeism in a client’s busy organisation. Clearly there can be no single cause – trends and other conditions play their role. With some further out-sourced assistance we began a ‘mapping’ exercise. Within a relatively short period of time we were able to make recommendations to the client that would almost certainly improve the existing situation.

I am still retained to look after the Health & Safety within the organisation, so habitually enquire as to the on-going success of the initial proposals. From a preliminary 900 days lost per annum over a four year period, (collectively) to stress in one form or another, I am delighted to report that this particular organisation has reduced to just 40 days lost (collectively) – over a two-year period. This has in turn increased productivity, wages, other employer/employee benefits – and of course bottom line pre-tax revenue!

Personal reasons such as; grieving | divorce | family upset | moving home, serious family illnesses | pregnancy | miscarriage – and other hugely individual factors that ultimately affect a person’s ability to perform to expectations. Add some of these then if you will to; poor working conditions | long working hours | adverse relationships with colleagues | lack of job security | complex journeys to and from work | the way the company is managed, and by whom | mismatch between the requirements of the job and an individuals own capabilities and needs | inflexible working hours | too much or too little responsibility, and so the list goes on which effectively will give you some idea why it such a topical subject.

The HSE believes good management practices can help reduce work-related stress. It offers a management standards approach to help employers take sensible and practical steps to minimise stress in the workplace. Here follows some guidance material.

HSE Stress Guidance ]]> http://www.ukbusinesslabs.co.uk/forums/blogs/smart-h-and-s-solutions/188-work-related-stress-statistics.html http://www.ukbusinesslabs.co.uk/forums/blogs/smart-h-and-s-solutions/187-age-discrimination-application-forms-work.html Mon, 01 Mar 2010 16:50:13 GMT Took two calls earlier today asking my advice. The question asked was: “Is it illegal to ask for your date of birth – or age when completing an... Took two calls earlier today asking my advice. The question asked was:

“Is it illegal to ask for your date of birth – or age when completing an application form for a job?”

The short answer is actually No! It isn’t unlawful to ask for a person’s age on an application form or during the recruitment process. What is unlawful is to discriminate against someone based on their age (Employment (Age) Regulations, 2006), unless it can be shown that such discrimination is objectively justified.

For example, there are minimum and maximum ages for recruitment into the armed services.

There are occasions when this information is an absolute necessity, the danger of course if used generally, or the application form is ‘old-stock,’ it has the potential to create difficulties for the employer unless it can be proven age was immaterial to the rejection.

Why create a problem when it is simply not necessary? I have sat on many interview panels over the years – and it takes but a casual glance (as long as the information is true, which of course it always is; I mean to say, who would ever massage a CV to look better than it is in reality?) to establish an approximate age.

Recently a gym advertised for a new personal trainer. A certain lady was rejected prior to interview but the potential employer did not really prepare a very good ‘thank you but no thank you’ letter. Hence a few weeks later a claim arrived based on age discrimination. The lady in question was a sprightly sixty-four, had never worked in a gym before and was certainly not qualified to do so. Unfortunately the rejection letter did actually infer age was the reason for not progressing further. It was on this occasion what was not said, rather than what was.

The claim against the Gym was eventually dropped. But not until they had spent many hours justifying the rejection and satisfying all concerned the refusal was not based on age related reasons.

This just merely scratches the surface here today – and by no means indicates all permutations that may develop from asking for an applicants age on an application for work. Makes you think though doesn’t it?

And you young man have no chance! You are waaaaay toooo young! Sorry folks Grandson was well worth popping in as an age related pic;-)

]]> http://www.ukbusinesslabs.co.uk/forums/blogs/smart-h-and-s-solutions/187-age-discrimination-application-forms-work.html http://www.ukbusinesslabs.co.uk/forums/blogs/smart-h-and-s-solutions/186-cost-h-s-expensive.html Mon, 01 Mar 2010 16:45:39 GMT Ding-dong…hellloooo, of course it isn’t – but then I suppose you would jump in and say; “Your biased Mike cos you just wanna get more clients!” ... Ding-dong…hellloooo, of course it isn’t – but then I suppose you would jump in and say; “Your biased Mike cos you just wanna get more clients!”

Yep, can see the logic in your thought process there reader, and find it hard to argue against…But I will – (says he with something firmly up his sleeve to convince you otherwise)

You cannot categorise generally here, so I have no intention of suggesting my thoughts and factual words will fit all businesses … for certain it won’t. What I will do however – is give you a couple of prime examples whereupon the client originally considered it was too expensive to pay someone to advise and implement health and safety within their business.

CASE HISTORY ONE.

A.N. Other company employed fifty people, they had some basics in place, but after just ten minutes I knew that this was going to be a tough one. An extremely serious incident had taken place, and the company required knowledgeable help. The budget for H&S had been a mighty £1,000 per annum previously; a quality manager was tasked with H&S and had been sent off on a couple of day courses. The company had taken this stance because they felt having a consultant in was way toooo cost prohibitive.

Where this information came from I have no idea. I was told they had ideas it would be £1,000 a day plus…Oh how I wish! The long and the short of it is, the company have had to spend out tens of thousands of pounds in legal fees, management time, seen profits slump because of attitudes and so on and so forth. Total estimated cost to the company was around half a million pounds taking into consideration all of the above.

It is behind them now and for just a day a month and with a competent and trained person administering daily duties they have managed to climb back and exceed earlier profit expectations. Forget the huge initial loss for a moment and yes, you can see in principle there was no cost – as my involvement actually increased the eventual profitability. Expensive exercise? I should say.

CASE HISTORY TWO

Small Company, just seven employees, nothing in place whatsoever, an incident occurred off-site and as a consequence an employee was unable to work again. Criminal prosecution? Actually no, not on this occasion, although it was a tight one and went all the way to the wall.

So civil claim arrives, and as I have mentioned before in other related articles, the underwriter decides the T’s & C’s of said Insurance Policy have not been complied with. Hence cover is extremely limited. Three bits of advice coming up for free now.

1. Read the terms and conditions of your insurance policy.
2. Read the terms and conditions of your insurance policy.
3. Comply with the terms and conditions of your insurance policy.

Hope you got the message!

Soooo, Business owner has to sell his home to pay for damages awarded to the employee. Was that an expensive exercise? As the Churchill dog would say….OHHHHHH-YES.

What would it have cost to have had a consultant in? Peanuts in comparison to the loss they endured.

Ahhh, it won’t happen to me?

A call, a meet, a few quid and you will know if what you have in place – is all that could have been reasonably expected of you. Then again don’t forget the absolute duties placed upon you as an employer! But that one is a blog for another day.

]]> http://www.ukbusinesslabs.co.uk/forums/blogs/smart-h-and-s-solutions/186-cost-h-s-expensive.html http://www.ukbusinesslabs.co.uk/forums/blogs/smart-h-and-s-solutions/185-contractor-assessment-legal-duty-assess.html Mon, 01 Mar 2010 16:42:35 GMT Contractor Assessment When engaging contractors to undertake work directly for you or to represent you as a sub-contractor, business owners have a... Contractor Assessment

When engaging contractors to undertake work directly for you or to represent you as a sub-contractor, business owners have a duty to ensure they do all that could have been done to satisfy themselves said contractor is fully competent to undertake the tasks requested of them.

The Health and Safety at Work etc Act 1974 states that it is the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare of all their employees. It is also the duty of every employer to conduct their undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in their employment, who may be affected by activities, are not thereby exposed to health and safety risks.

Employers need to satisfy themselves that contractors are competent, that is, that they have adequate skills and knowledge to do the job safely, without posing risks to health and safety. The scale of competence required by employers depends on the job. Employers must ensure that contractors are aware, at the start, of what is expected of them regarding training, competencies and general behaviour in the workplace. To do this employers should explain their health and safety arrangements, procedures, and policy statements to any potential contractor.

In order to determine a prospective contractor’s ability to complete a job, employers should draw up a list of the main points to be considered.

Conversely, Contractors are responsible for ensuring that their employees and sub-contractors are informed of and understand the rules for safe working, the local hazards and the necessary precautions. It is for them to ensure each new employee coming onto site receives adequate information about hazards that are present and the necessary precautions to be followed.

SMART Health & Safety Solutions can assist the employer with bespoke pro-forma contractor assessment documentation and audit vigilantly the results. Further, Smart-HSS can assist the employer with induction and instructions appertaining to the work to be carried out in a huge variety of industries.

]]> http://www.ukbusinesslabs.co.uk/forums/blogs/smart-h-and-s-solutions/185-contractor-assessment-legal-duty-assess.html http://www.ukbusinesslabs.co.uk/forums/blogs/essex_courier/184-couriers-olympics.html Fri, 26 Feb 2010 10:59:00 GMT For me the Olympics will always make me think of Greece. Those ancient Greeks were wiser than we give them credit for. If they were not fighting... For me the Olympics will always make me think of Greece.

Those ancient Greeks were wiser than we give them credit for. If they were not fighting each other and having wars over women, then they had a lot of young men full of testosterone on their hands. They needed occupying.

Thus the Olympic Games were born, perhaps a little simplistic compared to today’s Olympic movement but then as is now, the Olympics are the greatest non wartime movement of people, worldwide, and they do a tremendous amount for the nations involved.
Olympic Cauldron Vancouver

We watched as the Olympic flame was passed to another person, the streets were awash with people to watch something that nearly 12,000 Canadians had done. The Flame had been carried across Canada, the biggest distance it has travelled in the history of the games – 45,000 kms. That’s the biggest distance in the history of the games, from hand to hand, across water, mountain, prairie. Through ice, rain snow and sunshine, the Olympic flame has been carried by children, men, women, or every age and every race. Even Arnold Schwarzenegger has got in on the act. Transporting the flame is a dream come true for many, and the co-ordination involved in transporting it is immense.

Transportation is the key to the Olympics, from goods to people to equipment and afterward it needs to be returned to it’s owner. We remember Atlanta and some of the transportation issues that they had, so when BT Tradespace told us we had won their trip to the Games we were thrilled, we were going to get a direct look of how transport impacts on delivery businesses in an Olympic city. We now have the edge over many courier businesses, how many of them have actually took time out to see what delivery issues the Olympics in 2012 is likely to have? Remember, the Olympics courier supplier contracts have already been awarded in 2008, the options that are left for us are as subcontractors to the main supplier.

Vancouver is a modern city, built on a grid like system. London is an organic city and is less grid like and more circular. London will not have the advantages that a grid system has. With the grid layout, blocks can be closed off and the traffic easily diverted around the closed areas. A perfect example of this was the day the Olympic torch was carried through the town. A block was closed, crowds formed, the torch procession passed and the crowd dispersed. 20 minutes delay. Repeat at the next block… in London, it would not be possible to do this.

So delivering the games brings new challenges and new solutions to delivering the Olympics in London 2012. Vancouver has been promoting itself as the green Olympics. The public transport system has geared up to meet the challenge with skytrains and the recently finished Canada line to Aberdeen (Aberdeen, Richmond not Aberdeen Scotland).

With green being important, to encourage the use of public transport it was free to Olympic games ticket holders. This meant a decrease of 30% of vehicles on the road.



Couriers in the city have also adapted, more cycle and on foot couriers to continue carry on delivering vital documents. They have had to think creatively to get around the traffic restrictions, protesters and roadblocks.

Businesses have closed in the downtown area, so deliveries have had to take place out of hours. The official courier of the games, Purolator has hybrid vehicles in place and sustainable fuel policies (like us) and has done an excellent job so far.

Some businesses have relocated to outside of the City on a temp basis so they can continue to work as usual - this needs to be considered by London businesses for 2012. The home counties can help businesses with this and rehome them on a temporary basis.

The temporary rehoming of businesses needs to take place the weekend before the games open to enable the couriers to move all the goods to their new locations as well as update their schedules and websites with the new locations. I think it’s safe to say, with foresight you can Olympic proof your business and not let it grind to a standstill.

Delivering the games in 2012? London needs to start planning now, it’s not long.

We are up for it :-) and will be encouraging our staff to attend as volunteers and support the games where we can, we may be small but unlike a Juggernaut, we can turn on a dime :-) the Olympics needs flexibility and creativity, just like it did in Athens all those years ago – some things will never change.

What are you going to do when it comes to London in 2012?

Sarah
Same day courier services ]]> essex_courier http://www.ukbusinesslabs.co.uk/forums/blogs/essex_courier/184-couriers-olympics.html http://www.ukbusinesslabs.co.uk/forums/blogs/essex_courier/178-regional-courier-hub-systems-how-they-work.html Thu, 25 Feb 2010 19:59:20 GMT The ‘Hub and Spoke’ system is how many next day courier and parcel courier services work. All the items are collected and delivered into a central... The ‘Hub and Spoke’ system is how many next day courier and parcel courier services work. All the items are collected and delivered into a central hub and then the drivers become the ’spokes’ delivering outbound to the customers.

This system works well when you have a lot of cargo or freight to be delivered in a local area.

We operate two hub systems, one in Basildon Essex where items come in from various locations around the county and are then sifted and sent out again. The other hub we operate is in Kent, it does exactly the same as the Essex hub but in the Kent area.

Why do courier hubs work?

Courier hubs work for two reasons, one is a mass sorting and sifting system that a parcel carrier uses. They operate most effectively on volume. Low cost, high volume parcel delivery.

The second reason a hub works is based on a local hub system, this is ideal for companies with a large consignment of freight that is destined to go to certain areas. These are dropped into a local depot and sifted and despatched via the spoke system. Local courier hubs are fantastic for fragile items where in the parcel system they risk breakage, the local hub virtually eliminates this. The local hubs can often place their hands on the item you are looking for within minutes, a parcel hub it can take longer.

It’s a question of working out which service, is best for the items you are moving. Cargo or freight in the wrong courier hub system, will mean more breakages and damage so it’s essential you talk to your courier company and decide what is best for the type of goods you want delivering.

Sarah ]]> essex_courier http://www.ukbusinesslabs.co.uk/forums/blogs/essex_courier/178-regional-courier-hub-systems-how-they-work.html http://www.ukbusinesslabs.co.uk/forums/blogs/lahornbogen/183-power-social-media-stop-thinking-campaigns-start-thinking-conversatio.html Wed, 24 Feb 2010 08:33:51 GMT The power of social media – stop thinking ‘campaigns’ and start thinking ‘conversations’ – Part Two Posted by Lesley-Anne at 23 February , 2010 ... The power of social media – stop thinking ‘campaigns’ and start thinking ‘conversations’ – Part Two

Posted by Lesley-Anne at 23 February , 2010

In my last blog I talked about why using social networking sites can be such powerful business tools and why thinking in terms of ‘conversations’ rather than ‘campaigns’ is so important. I also looked at some of the most influential social networking sites on the market today, in particular Twitter and LinkedIn.

In this blog I want to start building on these themes and explore two more important social network sites that should be considered as part of your overall business profile raising strategy. These are Facebook and Tube Mogul.

Facebook

The rise of Facebook has been phenomenal by any standard and despite some negative publicity relating to parental control and occasional misuse; the site owners have recently tightened up their act and made Facebook an extremely powerful tool. Incredibly, if Facebook were a country it would be the 8th most populated in the world, just ahead of Japan with approximately five billion minutes spent by users on Facebook every day.

Until very recently I tended to view Facebook as purely a ‘social’ site, using it mainly as a way of keeping in touch with my son who is overseas, and the thought of using it for business purposes never occurred to me. However, Facebook is actually more versatile than you might think and there are some useful features for business and professional purposes that should be considered as part of any overall social networking strategy.

In essence a Facebook page should be viewed as a customisable presence for any business or organisation and therefore as another mechanism to raise awareness of a brand or service. The ‘Wall’ tab can be used as the central point for new information and new content where ‘fans’ can also contribute. ‘Fans’ in the business context are all potential advocates of your brand and should always be considered as such.

The tab structure of Facebook provides the facility to organise information in a structured way so topics like events, reviews and discussions can all be arranged in a way that is easy to navigate. Facebook, like other social networking sites, is all about creating a persona on the web, regardless of whether it is a ‘personal’ persona or a ‘business’ persona. One of the best ways to demonstrate your company’s personality is by using specific applications like the ‘extended info app’. This app allows you to create things like question and answer categories which can be created specifically for business purposes. The key to success is making the content topical, interesting, creative and accessible.

These ideas are only the tip of the iceberg, however. The key message is to think creatively of how Facebook can be used as a business tool to attract viewers to your products and services through a communication medium that is easy on the eye, easy to navigate and easy to understand

Tube Mogul

If you are looking for an application to distribute your videos across your various social media sites then ‘TubeMogul’ is definitely worth a visit. In order to reap the benefits of this site you will firstly need to set up accounts with all your existing video sources and then link them into Tube Mogul. Once you have done that you can use the facility of TubeMogul to distribute your videos. So what exactly is Tube Mogul?

Basically Tube Mogul claims to be the first online “video analytics and distribution company” serving publishers who need independent information about video performance on the Internet. It also provides an automated upload to the top video sharing sites currently on the web including: YouTube, Vimeo, Blip TV, DailyMotion and Viddler.

Tube Mogul’s web site states that its analytic technology aggregates video-viewing data from multiple sources to give publishers an improved understanding of when, where and how often their videos are watched. It also tracks and compares what’s hot and what’s not, measures the impact of marketing campaigns, gathers competitive intelligence, and enables the sharing of data with colleagues or friends.

In my next blog I’m going to take a look at two more useful social networking sites – Ping.fm and Postlater.com – until then, see you in cyberspace!

Don’t forget that if you want any further information on any of the above topics then please do get in touch. On The Go is already helping successful businesses implement their social networking strategies from helping them set up a consistent company profile through to scheduling their media messages giving them a 24/7 web presence.

To view Part 1 got to The power of social media – stop thinking ‘campaigns’ and start thinking ‘conversations’ On The Go ]]> LAHornbogen http://www.ukbusinesslabs.co.uk/forums/blogs/lahornbogen/183-power-social-media-stop-thinking-campaigns-start-thinking-conversatio.html http://www.ukbusinesslabs.co.uk/forums/blogs/collateit/182-switch-save-your-payroll-stationery.html Mon, 05 Oct 2009 11:38:59 GMT Everyone likes to save a few pounds on their office stationary. By buying compatible forms from Collateit you could save up to 75% compared to Sage,... Everyone likes to save a few pounds on their office stationary. By buying compatible forms from Collateit you could save up to 75% compared to Sage, Iris and Pegasus.

So for great savings with no compromise on quality, switch to Collateit compatible forms. ]]> collateit http://www.ukbusinesslabs.co.uk/forums/blogs/collateit/182-switch-save-your-payroll-stationery.html