The breakfast seminar featured presentations from Blaser Mills’ partners Colin Smith and Jonathan Lilley and Point HR’s Julie Wheals.

Colin Smith kicked off with “The Employer’s Tool Kit,” providing a comprehensive insight into the key issues surrounding the retirement of employees, taking on new employees, disciplinary rules and the payment of bonuses.

This was followed by Jonathan Lilley’s presentation entitled “How Fit is Your Team,” in which he set out some highly practical advice in dealing with sickness absence in the workplace.

Finally, Julie Wheals outlined some practical suggestions and solutions to assist businesses in fully engaging their employees.

The seminar was very well received by the delegates who gave some extremely positive feedback including:

“Useful and timely given the current economic climate”

“Well presented and full of information”

“Good, simple and useful advice”

“A useful seminar and good to meet the Blaser Mills team”

…proving that not everyone was just there for the bacon rolls!

Blaser Mills are planning further seminars later this year…please email commercial@blasermills.co.uk if you would like to be kept informed of future events.

The UK economy grew by 0.1 per cent in the last quarter of 2009, officially ending the recession. The economy had previously contracted for six consecutive quarters, the longest period since quarterly figures were first recorded in 1955.

According to the British Chamber of Commerce (BCC), however, businesses are anticipating another difficult year ahead despite the “recovery.”

Of 5,400 businesses surveyed by the BCC, 63% per cent say they are planning wage freezes or pay cuts this year and 18% are considering the removal of benefits.

Furthermore, the Chartered Institute of Personnel and Development (CIPD) predicts that that businesses will continue to make redundancies next year with the UK economy set to shed a further 250,000 jobs before unemployment peaks at 2.8 million in 2010. This figure could be higher depending on the severity of public spending cuts and whether employers take into account national insurance contribution increases for 2011 when making staffing decisions.

Blaser Mills has a team of experienced employment law solicitors ready to provide expert advice to support your business in dealing with its staffing issues. Please contact us at commercial@blasermills.co.uk.

When do employers have a duty to carry out risk assessments for pregnant workers?

The Employment Appeal Tribunal has recently held that the obligation to carry out a risk assessment in relation to pregnant workers is not a general one. The duty will arise only when the following three preconditions are met:

1. The employee has notified the employer in writing that they are pregnant
2. The work is of a kind that could involve a risk of harm or danger to the health and safety of the mother or her baby
3. That risk arises from processes, working conditions or physical, biological or chemical agents in the workplace.

It is possible that an employer’s failure to carry out a risk assessment where their duty to do so has arisen may result in allegations of discrimination, however this recent decision has confirmed that the failure will not amount to discrimination per se.

Employers therefore need to be astute in ensuring risk assessments are carried out where the preconditions are satisfied, and the employee is provided with comprehensive information about those risks to her health and safety which have been identified.

Some employers may choose to act prudently and conduct risk assessments as a matter of course upon notification that an employee is pregnant.

Can there be discrimination on the grounds of political philosophy?

A recent Employment Appeal Tribunal decision held that a belief in man-made climate change and the environment is capable of falling within the protection against discrimination on grounds of religion or belief.

It would appear therefore that discrimination laws are so wide-reaching that they now cover philosophical beliefs, including a belief in a political philosophy. However whilst support for a political party in itself would not meet the description of a philosophical belief, the law could cover beliefs based on a political philosophy such as Marxism, communism and free-market capitalism.

For obvious reasons there must be some limit placed upon the definition of ‘philosophical belief’ and this case suggested that the belief relied on must be “worthy of respect in a democratic society and not incompatible with human dignity”.

Inevitably further cases testing the limits of protected philosophical beliefs will be brought.

Can a carer be discriminated against under the Disability Discrimination Act?

The Employment Appeal Tribunal has confirmed that the Disability Discrimination Act can be construed so as to prohibit direct discrimination and harassment against an employee on grounds that they care for a disabled person, even though the Act actually protects only those who are disabled themselves.

The Tribunal said the Act should be construed, so as to add a new subsection: “A person also directly discriminates against a person if he treats him less favourably than he treats or would treat another person by reason of the disability of another person.”

The application of these words in the long term is likely be documented in the Equality Bill currently going through Parliament, which intends to prohibit associative discrimination.

Can “stigma damages be awarded in discrimination cases?

In this landmark decision, the Court of Appeal has ruled that an employer who has been found to have unlawfully discriminated in dismissing an employee can be liable for compensation reflecting the stigma which results from the employee having taken discrimination proceedings against the former employer, and where there is evidence that other employers have been unwilling to employ the dismissed employee for this reason.

The Court of Appeal, however, ruled that “the original employer must remain liable for so-called stigma loss”, even where the actions of the third party employers are unlawful. It recognised that stigma loss “is one of the difficulties facing an employee on the labour market.”

Unfortunately it is not clear what evidence tribunals need to be provided with before awarding stigma damages.

Are volunteers entitled to the protection of discrimination legislation?

The Employment Appeal Tribunal has ruled that a volunteer worker who does not have a contract does not have “worker” status so as to be protected by the Disability Discrimination Act or the Framework Employment Equality Directive.

The claimant provided specialist legal advice on a weekly basis. She argued that volunteer work fell within the meaning of the term “occupation” for the purposes of the Framework Directive, and that “occupation” had wider scope than “employment”. She also contended that volunteering constituted an “arrangement” for recruitment, so that she should be able to claim that she was discriminated against on grounds of disability.

The Tribunal, however, held that “occupation” in this context referred to qualifications and professional requirements needed for access to employment or promotion. In conclusion the Framework Directive imposed no obligation on a national government to implement provisions for those voluntary workers not protected by a contract.

The Court of Appeal granted leave to appeal, and it is likely a reference to the European Court of Justice will be sought.

For assistance in clarification of your responsibilities as an employer, contact our employment team at commercial@blasermills.co.uk.

Last month the Government confirmed an extension of paternity leave to fathers which will take effect on 6th April 2011 and will apply to children due on or after 3rd April 2011.

According to the government proposals, fathers will be able to take advantage of additional paternity leave during the second six months of a child’s life should the mother wish to return to work before the end of her maternity leave allocation. Fathers will have a legal right to take the place of the mother at home for the last three months of her nine-month maternity leave.

Fathers would be eligible for statutory government pay during that period. They would then be allowed to take an additional unpaid three months off, effectively entitling couples to have a total of 12 months’ parental leave between them.

The implementation of these provisions, originally intended to come into force in April 2009 under the Work and Families Act 2006, had been delayed in view of the economic climate. Although welcomed as a victory for parental rights by, amongst others, Minister for Women and Equality - Harriet Harman, the provisions have been criticised by business groups including the British Chamber of Commerce who have questioned the timing and impact of new employment legislation as the UK recovers from the recession.

If you have any questions relating to these proposals please contact our experienced Employment Law team at commercial@blasermills.co.uk.

A recent study by the Forum of Private Business (FPB) reveals that small businesses in the UK are spending a total of £12bn a year on complying with various regulations and are spending an average of 37 hours a month on compliance.

According to the survey, issues such as dismissals and redundancy, discipline, absence controls and management, parental leave and holidays are costing small businesses £2.4bn a year. Health and safety administration, meanwhile, is costing small businesses £1.2bn a year while tax administration, building and property regulations, and equality and diversity issues are also sources of frustration.

Meanwhile the Federation of Small Businesses (FSB) reports that many businesses are choosing not to expand because of concerns over complex regulations. A survey of its members showed that 27% of those who wanted to expand did not go ahead because they are afraid of tackling the regulations involved. The same survey revealed that half of the businesses planning to downsize or close said their decision was strongly influenced by regulatory burdens.

Getting legal advice to ensure that compliance matters are dealt with effectively can save money in the long term and reduce the risk of creating future problems. If you have any compliance issues you would like to discuss please contact our team at commercial@blasermills.co.uk

A poll of 365 insolvency practitioners from industry body R3 concludes that insolvencies are set to rise in the UK despite the economy moving out of recession.

Company liquidations are expected to rise to 28,000 this year, falling to 27,000 in 2011. Figures from the 1980s and 1990s recessions show that the peak in both personal and corporate insolvencies occurred after the return to growth.

According to a survey from the Insolvency Service, there were 4,716 compulsory liquidations in the third quarter of 2009. Although this was down 13% on the corresponding period in 2008, personal insolvencies jumped 28.2% to 35,242 – a result, it is believed, of a growing number of small business owners opting for personal insolvency in a desperate attempt to keep their company afloat, using credit cards to finance their businesses and paying the consequences when pressed by card companies to settle their accounts.

Furthermore the World Bank has recently published a report showing that the cost of closing a business in the UK is higher than in many other countries with similar or even better recovery rates. The Office of Fair Trading (OFT) is therefore carrying out a study into the way corporate insolvencies are conducted in the UK to examine the structure of the market and look for features such as higher fees or lower recovery rates that could be detrimental to certain groups of creditors.

If you require any advice relating to insolvency please contact our commercial team at commercial@blasermills.co.uk

From 2018 “the cheque is in the post” will no longer be a valid excuse for non-payment of bills.

The UK Payments Council, which is responsible for overseeing payment strategies within the UK, has announced plans to phase out cheques by 31st October 2018.

According to the Council, there has been a “terminal decline” in the use of cheques, particularly since chip and PIN technology has become more widely used. Many businesses, however, still rely on cheques for making and receiving payments and will be forced to change their payment and billing habits.

The Council has stated that the decision was made on the provision that a similar alternative was developed and made available by 2018, but they saw “no scenario” for cheques to still be used by that date.

“Getting the best out of people” - David Knowles-Leak of DKL discussed how people can be a company’s best and yet most expensive asset and emphasised how effective performance stems from strategic clarity.

“Your people are your brand” - Phil Strachan of Strangebrew described how a company’s people represent a vital and highly visible touchpoint for the business and how they can make the difference between a good or bad brand experience.

The Briefing was attended by several business owners from the Bucks and Thames Valley area, all of whom stayed for a lively discussion following the presentations.

Mercator is a collection of experienced professionals incorporating a range of skills and experience across a variety of disciplines including Legal, Accountancy, Corporate Finance, Wealth Management, People Leadership and Branding & Design.

The group’s aim is to provide business owners with all the tools required to succeed, by giving bespoke advice and providing services tailored to their needs. Mercator also conducts regular informed briefings on the current business landscape and issues affecting businesses today and gives business owners the opportunity to meet to discuss matters of common interest with no sales pressure.

Mercator’s founders are:

Barry French - Blaser Mills (Solicitors)
Roger Bibby - Avocet Investments (Corporate Finance)
Brian Page - Chiltern Consultancy (Wealth Management)
David Knowles- Leak - DKL (Leadership & Management Development)
Paul Laird - Fish Partnership LLP (Chartered Accountants)
Phil Strachan – Strangebrew (Branding & Design)

Complimentary Employment Law / HR Seminar

Wednesday 3rd March 2010

Join us and Point HR at Crowne Plaza, Marlow where tea, coffee and bacon rolls will be served at 8am, Seminar starts at 8.30 - 9.30 am.

Invitation only event - space is limited

Sign up now to guarantee your place by emailing kap@blasermills.co.uk or call 01494 478627.

Our seminar will provide highly practical advice on using employment law to help you manage your staff and improve employment relationships.

Making employment law work for your business - Have Brussels-led regulations and over-zealous Employment Tribunals tipped the industrial relations balance too far in favour of employees? Let us share with you ways to use the law to better manage your staff and answer your employment law questions.

Engage your team in 2010 - If the last year has been tough for your company, with cut backs and no bonuses your team may be left deflated and de-motivated. We share practical suggestions and solutionsthat might just make all the difference to your business.

Bring your issues - Complimentary ½ hour consultation - If you have a burning employment issue and would like immediate feedback sign up for a 1:1 session available immediately after the seminar.

Blaser Mills has a team of experienced employment law solicitors ready to provide expert advice to support your business. Whether preparing contracts and policies; recommending appropriate action when conduct, performance or sickness issues arise; or defending employment tribunal claims, we take proactive action in helping our clients to manage their people.

Point HR is a human resources consultancy advising and supporting businesses in engaging their people to deliver more through the use of a range of tools that will really make the difference.

Laura is an Associate Solicitor in the family department and is based in our Rickmansworth office.

Laura commenced her training with the firm in 2007 having obtained her Degree in Law and Economics at the University of Leicester.

During her training Laura undertook 12 months in the Family department and successfully qualified into this area in 2009.

Laura deals with all areas of Family Law, including divorce and separation, private children law matters, co-habitation disputes and domestic violence.