Human Resources News

BRIBERY ACT - NOW IN FORCE

noreply@blogger.com (Liz @ Fairways) — Sun, 10 Jul 2011 00:41:00 +0000

The Bribery Act 2010 was finally introduced on 1 July 2011. There are 4 offences within the Act. These are:

1.      Bribery - offering, promising or giving a reward to a person to induce that person to do something improperly.

2.      Being bribed - taking, agreeing to take, or requesting a reward in return for doing something improperly.

3.      Bribing a foreign public official - this is a specific offence relating to an attempt to influence a foreign public official.

4.      The corporate offence - this occurs when an organisation fails to stop people who are operating on its behalf from being bribed or offering bribes.

Bribery Policy

a)   Initially, and most importantly, ensure that you have an adequate anti-bribery policy in place
b)   Identify risk areas where bribery is most likely to occur. You should identify risk areas in your company where bribery is more likely to occur. For example, a negotiating team who meets with external clients to secure business, or truck drivers stationed in volatile countries and passing through armed customs checkpoints
c)    Address any employee concerns. As an employer, you should ensure that you fully address all concerns that your workforce may have regarding bribery. As this is new legislation, they may require clarification as to how the law will affect tasks that they may have been doing for years, such as arranging corporate hospitality events
d)   Checklist for reviewing policies associated with bribery. As your company will have other policies in place these should be reviewed as a result of implementing a Bribery policy, and updated in accordance with Government guidelines to ensure compliance with this new piece of legislation.

Should you require any help with devising new policies, do not hesitate to contact us on 01738 632 561 or email admin@fairways-uk.com.

MINIMUM WAGE OCTOBER 2011

noreply@blogger.com (Liz @ Fairways) — Mon, 09 May 2011 22:32:00 +0000

Increases to the minimum wage rates, which take effect from 1 October 2011 has been announced by the Government:-

•   Standard adult rate (workers aged 21 and over): £6.08

•  Development rate (workers aged between 18 and 20): £4.98

•  Young workers rate (workers aged under 18 but above the compulsory school age who are not apprentices): £3.68

•  Apprentice rates - under 19 or those aged 19 and over but in the first year of their apprenticeship: £2.60

•   All other apprentices: national minimum wage at appropriate age rate.

The Bribery Act comes into force on 1 July 2011

noreply@blogger.com (Liz @ Fairways) — Mon, 18 Apr 2011 23:48:00 +0000

The Ministry of Justice has finally published the long-awaited guidance on the Bribery Act coming into force on 1 July 2011.

How the new anti-bribery legislation will work:-

The Bribery Act 2010 attracted a lot of criticism from the business community when first published – the CBI, for example, declared it unfit for purpose. There was a fear it would result in the criminalisation of normal business practices, such as corporate hospitality. As a result of these criticisms, the government revised the initial draft guidance it had produced and has now published a final version.

Businesses now need to review their activities and act fast, if they believe they may be at risk, as the Act is coming into force in less than three months’ time.

Breaches:-

There are four offences under the Act. which are:

• giving a bribe to encourage a person to perform their duty improperly;
• receiving a bribe with the intention that a duty will be performed improperly as a result;
• bribing foreign officials in order to retain or obtain business, or a business advantage, where there is no express legal permission or obligation to do so;
• failing to prevent a bribe (this applies to commercial organisations only).

These offences are punishable by unlimited fines and prison sentences of up to 10 years. Directors may be held personally liable if they consent or connive in a bribe committed by their organisation.

HR SEMINAR

noreply@blogger.com (Liz @ Fairways) — Tue, 29 Mar 2011 11:36:00 +0000

Fairways of Perth is giving you free HR support, updates and advice this Thursday in Edinburgh with Ingenuity Scotland.

Only a few places left..!!

Register your details at http://www.smeinar.co.uk/

LEGAL COMPLIANCE MADE EASY FOR YOU

noreply@blogger.com (Liz @ Fairways) — Mon, 14 Feb 2011 23:17:00 +0000

According to the Tribunals Service, the number of tribunal claims raised in the last year alone has increased by 56%.
Are you ready for new legislation?
Are you compliant to ensure you don’t become one of these statistics?

Compliant – or think you are?

The Equality Act which came into force on the 1st October 2010, consolidated nine different pieces of legislation – do you know what legislation entails?

As an employer you need to know how the different types of discrimination as defined in the Act, can affect employment related issues.
What about changes to retirement?

From the 30th March 2011, it will no longer be possible to enforce retirement upon your employees at 65 years and older (except in very few circumstances.) What procedures will you follow after this date to ensure legal compliance?

Health & Safety in the workplace

Are your employees safe?
Have you carried out risk assessments?
Do you have a health and safety policy?

If you employ more than 5 people, it is a legal requirement to have a written assessment of risk in the workplace to protect your employees and prevent you from ending up in court to be prosecuted.

Fairways have the the right solutions, policies, systems and procedures to help you:

a) Manage your business effectively
b) Manage risk
c) Comply with all employment legislation, HR, health and safety and training

Fairways has a comprehensive range of packages to suit your business needs from retained services at a fixed cost to one–off consultancy to a variety of training programs and workshops.

Fairways only deliver what you need, when you need it. We work with you, for you to deliver meaningful results into your business. What’s more is that we stay with you to ensure implementation is an easy process for you.

Our services are designed to be delivered to save you money and time, leaving you to do what you do best – manage your business.

When you work with Fairways, we work with you to ensure you are provided with the right solutions at the right time for your business. Therefore whatever HR business challenges you face, Fairways will be working with you, for you, to enhance your organisation's performance. As there’s nothing more important in your business than your people, it’s important you have professional advice and support so when it comes to your HR - do it Fairways; you deserve the best.

Contact us now on 01738 632561 for your free consultation

CONTRACTS OF EMPLOYMENT

noreply@blogger.com (Liz @ Fairways) — Wed, 26 Jan 2011 21:08:00 +0000

Employers are legally obliged to issue a statement of terms and conditions of employment within two months of the date of the employment commencing.

This gives you, the employer the opportunity to set out clearly what you expect of your employees. A well drafted contract of employment will serve you well if difficulties present themelves during the course of employment. These terms and conditions also provide employees with a clearer understanding of their rights and obligations under UK employment legislation.

Rather than providing employers with a generic statement, Fairways tailors the terms of all documents to meet the specific needs of your business and don’t just provide an ‘off the shelf’ generic template document.

At Fairways, we recognise that every organisation is unique and that one size does not fit all business operations therefore ‘working with you, for you’ we ensure that the terms and conditions of employment provided, always ensures you remain legally compliant.

Contact us today on 01738 632 561 to arrange a free consultation or email admin@fairways-uk.com

Do it Fairways!

UNFAIR DISMISSAL QUALIFYING PERIOD

noreply@blogger.com (Liz @ Fairways) — Fri, 07 Jan 2011 14:52:00 +0000

The UK government is currently considering increasing the current one-year qualifying period of service an employee requires before bringing a claim of unfair dismissal to two years (although no qualifying period applies in relation to certain forms of 'automatic' unfair dismissal). Further information is expected in spring 2011 and we shall keep you informed of updates.

NEEDING HELP PRODUCING A STAFF HANDBOOK?

noreply@blogger.com (Liz @ Fairways) — Tue, 04 Jan 2011 20:49:00 +0000

Fairways can produce a staff (employee) handbook or manual for your business operation. Our detailed handbooks are individually designed and bespoke to your organisation and contain a range of key policies that should be in place in all organisations. We also include anything you consider to be pertinent to your organization alone including your culture and values. Just as no two organisations are the same; handbooks designed by Fairways are as unique and individual as an organisation.

As a key management tool to assist you in business, a comprehensive and detailed handbook is often one of the first documents given to a new employee. You can be assured and confident in the knowledge that staff handbooks designed by Fairways are up to date ensuring you remain legally compliant and that ‘best practice’ is followed at all times.

Many organisations fail to follow their legal obligations and may also find that ‘custom and practice’ becomes established which is entirely different to what an employer originally intended simply because there is no staff handbook and or other policies and procedures in place.

Our staff handbooks are designed for ease of use and drafted in such a way that additional information can be included whether this is legislative change or the introduction of a new / revised policy. Making our handbooks simple and professional throughout, allows you to concentrate on managing your business operation knowing that you are able to focus on clearly set out policies and procedures.

We also remind you when there is a legislative or best practice change.

Contact us now at admin@fairways-uk.com for more information on how Fairways can assist your people management.

FLEXIBLE WORKING LEGISLATION EXTENDED TO PARENTS OF CHILDREN UNDER 18

noreply@blogger.com (Liz @ Fairways) — Thu, 23 Dec 2010 11:17:00 +0000

The Government has published Regulations that extend the right to request flexible working to parents of children under 18 from 6 April 2011.

Currently the right applies to parents of children aged under 17, as well as parents of disabled children aged under 18 and carers of certain adults.

What does this mean to you the employer?

You need to ensure that by 6 April 2011 look at current policies and procedures that relate to the right to request flexible working to bring them up to date, by changing the eligibility requirements in their flexible working policy. Don’t forget that your employees also need to be updated and refresher training carried out.

Not sure what to do next?

If you require support and assistance with policies, procedures and training – contact Fairways now for all your HR solutions. www.fairways-uk.com; email admin@fairways-uk.com or call 01738 632561

EMPLOYMENT RIGHTS

noreply@blogger.com (Liz @ Fairways) — Wed, 22 Dec 2010 21:57:00 +0000

Employment Rights (Increase of Limits) Order 2010

The revised increase of limits comes into force, 1st February 2011 in Britain.

The Order will increase the limit on the following employment tribunal awards. The changes include:

a)    a 'weeks pay' increasing from £380 to £400

b)    maximum compensatory award for unfair dismissal increasing from £65,300 to £68,400

c)    guarantee pay increasing from £21.20 a day to £22.20 a day.

The Regulations and explanatory memorandum are available on the Office for Public Sector Information website

IMMIGRATION LIMITS

noreply@blogger.com (Liz @ Fairways) — Wed, 22 Dec 2010 21:47:00 +0000

The High Court ruled on 17th December 2010 that the interim cap was unlawful. This followed a judicial review application by the Joint Council for the Welfare of Immigrants and the English Community Care Association. The Government may appeal the ruling.

The Government has also announced that it will stop accepting Tier 1 (General) overseas from 00:01 23 December 2010 and a new interim limit will be set for Tier 2 (General).

You can find additional information and the refined criteria on the UKBA website at http://www.ukba.homeoffice.gov.uk/

SNOW, SNOW, SNOW AND ABSENCE FROM WORK

noreply@blogger.com (Liz @ Fairways) — Thu, 02 Dec 2010 23:48:00 +0000

We’ve had many queries over the last few days from employers seeking advice regarding employees who are not at work ‘due to adverse weather conditions’ and the chaos this is causing them.

This is becoming a huge controversial issue due to the extent of the adverse weather conditions which is affecting increasing numbers of business operations day to day with increasing numbers of employees not turning up for work. With nearly 11 per cent of the UK’s employees absent from work yesterday – the highest figure ever recorded for December, according to absence management company FirstCare, it's no surprise that organisations are concerned.

So what can you do if your employees can't make it in to work? You should be aware that employees have statutory protection against an unauthorised deduction from their wages. However, if your employee fails to turn up for work to undertake job you pay them for, then an employer is not obliged to pay the employee unless there is a contractual provision entitling them to pay or you may already have the employee’s consent for deductions in which case there is no further issue.

Deductions from pay will be unauthorised in most situations, unless contracts of employment provide for deductions under specific circumstances. Whether this covers adverse weather is dependent on each employer’s conditions. An example of where adverse weather conditions can be found is in the construction trades / industry.

An option for employers to consider is to have employees use part of their holiday entitlement.

Unpaid leave is the same as a deduction from pay, therefore the use of part of an employee's holiday entitlement is a safer option and makes it more difficult for an employee to take legal action in such circumstances

Whether an employer has a ‘right’ to enforce the use of holiday entitlement is again dependent on contractual terms given to your employees which may prevent this.

You could, depending on your working environment and jobs undertaken, allow employees to work from home for a limited period of time.

The promotion of supporting employees as best as possible in such times is beneficial to the workplace in that motivated and cared for employees are more likley to go that 'extra mile' in trying their best to attend work. Employers should ensure that all employees are treated consistently to avoid grievances or perhaps even discrimination claims - consider those employees who may have for example childcare problems due to inclement weather as they may well have legislative protection and may be entitled to 'emergency dependant's leave'.

There is much more that could be written about this subject however, should you require more information and / or advice on people management issues you should always seek professional and independent advice. Fairways can assist with all HR policies and procedures http://www.fairways-uk.com/.

EXECUTIVE BOARD ROOM HIRE

noreply@blogger.com (Liz @ Fairways) — Mon, 22 Nov 2010 22:00:00 +0000

EXECUTIVE BOARD ROOM HIRE - Making the right choice of venue with our new meeting room facilities.

Our board room (available for up to 14 people) is the ideal place to hold your next event whether this is for 'away day' meetings, training, presentations to staff / clients or to hold a board meeting away from the office.

A smaller meeting room is available (up to 6 people) ideal for confidential meetings, one to ones or confidential meetings with clients.

Both rooms can be hired together, providing you with the ideal 'break-out' area.

Facilities are available for hire on either a half or full day basis. Evening hire is also available and all rooms are broadband enabled. Standard equipment such as large screen LED TV, laptop, flip charts etc are included in our price.

Central location in Perth adjacent to the train station or use our own on-site parking facilities.

Contact us now for up to date information on availability and facilities on admin@fairways-uk.com

IDENTITY THEFT - WHAT IS IT?

noreply@blogger.com (Liz @ Fairways) — Fri, 15 Oct 2010 23:56:00 +0000

The Scottish Business Crime Centre has just released a leaflet about the implications of identity theft and it's one of the fastest growing crimes in the UK costing billions of £'s. Whilst most of us are aware of such things existing, I found some new information provided that is relevant not only as an individual but also for people responsible for managing businesses. It seems we have moved on from 'phishing' scams to 'mule recruitment' and 'money' mule scams.

So what is identity theft?

Put simply, it's a theft that occurs when someone else uses your personal identification information without your knowledge or permission to obtain credit cards, phone products and services, obtain loans and mortgages, get a job, and commit other types of fraudulent or even criminal acts, in your name, then leaving you responsible to face the consequences which can be extreme and cause great distress to the victim(s).

This type of fraud now includes online scams can be just as effective in obtaining information about you in order to commit crime such as phishing and unsolicited emails asking for help.

How to avoid becoming a victim:-

•    There is an old saying ‘if it looks to good to be true’ which is entirely relevant here as offers of large amounts of cash for very little work  or no prior experience could indicate a fraudulent scheme.

•    Always be cautious of overseas offers as it can be difficult to verify identity.

•    You should always research any company that offers you a job checking things like address phone numbers etc.

•    NEVER give your bank details to anyone unless you know and trust them and even then be cautious!

If you think you have been a victim of identity theft or want more information on how to prevent this visit http://www.identity-theft.org.uk/. Alternatively contact the Scottish Business Crime Centre for advice.

NATIONAL MINIMUM WAGE RATES AS OF 1st OCTOBER 2010

noreply@blogger.com (Liz @ Fairways) — Fri, 01 Oct 2010 12:27:00 +0000

Further to my recent update regarding the minimum wage, please remember that as of today, 1st October 2010 the new rates become live.

The hourly rate for workers increases as follows and with immediate effect from today:-

•    Over 21 years, up from £5.80 to £5.93 per hour.

•    Between 18 and 21 years, up from £4.83 to £4.92 per hour.

•     Between 16 and 17 years, up from £3.57 to £3.64 per hour.

A new rate of £2.50 comes into effect for apprentices under 19 years, or in their first year (all other apprentices receive the national minimum wage according to their age)

EMPLOYMENT TRIBUNALS STATISTICS

noreply@blogger.com (Liz @ Fairways) — Fri, 24 Sep 2010 08:00:00 +0000

The Employment tribunal Service has recently released new statistics for 2009 – 10 that show a marked increase in the no of claims being raised in Scotland.

The 2009-10 figures show an overall increase in the number of accepted claims (receipts)1 to Employment Tribunals and an increase in the number of disposals. Key findings of the 2009-10 statistics are as follows:

The number of receipts (accepted claims) was 236,100 in 2009-10, representing an increase of 56% on 2008-09, and 25% on 2007-08.

The increase is largely as a result of the rise in multiple claims, these rose by nearly 90% on 2008-09, but also partly as a result of the changing economic climate.

There were 71,300 single accepted claims in 2009-10, which was an increase of 14% over the previous year.

More information is available for download at www.tribunals.gov.uk

The number of single and multiple accepted claims (receipts) since 2001-02 and shows that accepted claims are at their highest levels.

This news is particularly worrying for employers who often struggle with day to day business issues. Being caught up in the Tribunal system is an expensive time for employers irrespective of the end result.

Employers are therefore urged to ensure that policies and procedures are robust and to ensure that their people are treated fairly and consistently.

At Fairways, we believe that employers where possible aim to resolve issues as they arise informally in the first instance as this usually prevents matters escalating out of control and prevents the need for formal action being applied.

None the less, disciplinary and grievance procedures are essential when informal mechanisms have been ineffective, or where they are inappropriate given the nature of the issue that has arisen. Having these procedures can also help prevent unnecessary costly and time-consuming tribunal cases which is what all employers want to avoid as best as possible.
Remember it’s not just having the policies in place but also providing training and support to your management team.

• Do you require help to formulate and communicate policies and procedures with your staff?

• Have your staff been trained to a level that meets your legal obligations?

Fairways can assist you with this, not only in complying with legal obligations but also in conjunction with the principles of fairness and natural justice as reflected in the Acas Code. Contact us now on 01738 632 561 or visit our website for up to date information about the services we provide clients, http://www.fairways-uk.com/.

Bribery Act 2010 update 2

noreply@blogger.com (Liz @ Fairways) — Thu, 23 Sep 2010 09:12:00 +0000

Our last update advised on what to expect from the Act and what employers need to be aware of. This update includes information regarding possible defences that may be considered by organisations.

If the corporate offence does result in an organisation receiving sanction as a result of the activities of an individual (or individuals), there is a potential defence that the organisation can use. The defence would require an organisation to demonstrate that it had adequate procedures in place to stop any bribery from occurring.   So how do you do this?

‘Adequate procedures’ are not defined in any detail in the Act. Clause 9 of the Act requires the government to give guidance ‘about procedures that relevant commercial organisations can put in place to prevent persons associated with them from bribing’. In September 2010 the government announced the start of an eight week consultation period on the guidance that is to be given. The consultation document can found on the Ministry of Justice website.

Whilst waiting for the guidance, now expected in January 2011, organisations might find it useful to refer to the points about ‘adequate procedures’ set out in December 2009 by Lord Bach (who was then the Parliamentary Under Secretary of State). They were as follows:

•    There should be an anti-corruption culture in the organisation, led by its directors.

•    There should be a named senior individual responsible for anti-corruption procedures in the organisation.

•    Risk assessments should be in place to determine the potential risk of bribery occurring.

•    Organisations should have a clear code of conduct that addresses anti-corruption issues.

•    Penalties for participating in corrupt activities should be clearly spelt out in employees’ contracts of employment.

•    Organisations should have a gifts and hospitality procedure that sets out what is and what is not acceptable and ensures that corruption does not occur.

•   Employees should be given training in anti-corruption matters.

•    Such financial controls should be in place that the possibility of corruption occuring is made unlikely.

•    Such whistleblowing procedures should be in place that employees could report any matters relating to corruption without fear of retaliation.

It is important to note that the guidelines to be issued by the government will be just that – guidelines. It will be for the courts to make the ultimate judgment as to whether an organisation did or did not have ‘adequate procedures’ in place. It is likely that the courts will pay regard to the size and complexity of the organisation in determining what is ‘adequate’, with the controls and checks required in a large organisation likely to be more thorough and detailed than those in a small organisation.

Organisations need to start a plan of action now to protect their interests. Doing nothing isn't an option.

If you are considering updating policies and procedures, this may well be the time to be proactive and do so. Fairways can help you through this. For more information on available services look at our website http://www.fairways-uk.com/.

The Bribery Act 2010

noreply@blogger.com (Liz @ Fairways) — Wed, 22 Sep 2010 23:11:00 +0000

Are you aware of new legislative changes coming through next year? The Bribery Act 2010 which was given Royal Assent in April this year comes into force in the UK in April 2011. The CIPD has just released an update.

What does the Bribery Act mean to you as an employer and are you prepared?

For the purposes of this Act, bribery is defined as ‘the giving or taking of a reward in return for acting dishonestly and / or in breach of the law’.

The Bribery Act 2010, has four possible offences that may be committed which you, as a responsible person need to be aware of in order to reduce risk within your business operation. So what are the offences? Let’s consider them now.

1. Bribing another person

The offering, promising or giving of a reward to induce a person to perform a relevant function or activity improperly.

2. Being bribed

The acceptance of, agreement to accept or request of a reward in return for performing a relevant function or activity improperly.

A ‘relevant function or activity’ includes any activity of a public nature or any activity connected to a business. This therefore may have far reaching consequences for organisations.

‘Acting improperly’ will be any breach of what a reasonable person in the UK would expect in relation to the performing of the function or activity. However, note that the offences apply even if the function or activity is not taking place in the UK.

3. Bribing a foreign public official

This is a specific offence of trying to influence a foreign public official with the intention of obtaining or retaining business in a situation where the public official was not permitted or required by law to be influenced.

4. Failure to prevent bribery occurring

This - the 'corporate offence' - occurs when an organisation fails to stop people who are operating on its behalf from being involved in bribery. One would assume then, that ignorance is no excuse.

It is the ‘corporate offence’ that organisations need to pay particular attention to and therefore may have far reaching consequences for organisations who ignore the new legislation.

This offence could occur as a result of the activities of a range of people working on behalf of your organisation – an employee, consultant or agent, for example – if those individuals were involved in accepting or receiving a bribe which resulted in the organisation gaining or retaining business. This is a change to the current approach to the law where only bribery involving senior managers is likely to result in legal action.

Note:- that the offence of bribery relevant to this Act could be committed in the UK or overseas. Specifically offences may be prosecuted if:-

• committed by a British national or corporate or individual who is ordinarily resident in the UK regardless of where the offence was committed, and/or

• any act or omission which forms part of the act is committed in the UK.

In addition, the corporate criminal offence will apply to commercial organisations with a business presence in the UK regardless of whether or not the bribe is paid in the UK or the procedures are controlled from the UK.

If the ‘corporate offence’ is committed, then both the organisation and its directors can receive sanctions including unlimited fines. The possible sanction for an individual involved in bribery is raised from 7 years in jail to 10 years.

LITERACY SKILLS IN SCOTLAND

noreply@blogger.com (Liz @ Fairways) — Fri, 10 Sep 2010 22:01:00 +0000

The Scottish Government has published the findings of the Scottish Survey of Adult Literacies (SSAL) 2009. The report is available online at: http://www.scotland.gov.uk/Publications/2010/07/22091814/0

The main headline findings are:-

· Three quarters (73.3%) of the Scottish working age population have a level of skills recognised internationally as appropriate for a contemporary society.

·   One quarter (26.7%) may face occasional challenges and constrained opportunities due to their literacy skills.

·   Within this quarter, we find 3.6% face serious challenges in their literacy practices.

·   Literacy skills in Scotland are comparable with many of the world’s leading economies.

·   Poor literacies skills are strongly correlated with poverty and deprivation within Scotland.

This new knowledge will help inform the next stages of the adult literacy and numeracy strategy for Scotland.

Fairways will keep you informed of new information as it becomes available.

ABSENCE MANAGEMENT MASTERCLASS EVENT - 2nd September 2010 to be held at Scion House, Stirling University Innovation Park between 10.00 am and 4.00 pm.

noreply@blogger.com (Liz @ Fairways) — Mon, 16 Aug 2010 20:58:00 +0000

Our Real HR Results Absence Management Masterclass Event is almost full. This is likely to be the last of our Absence Management sessions this year.

There is still time to book one of the few remaining spaces before it's too late. To find out more or to book on line go to http://www.fairways-uk.com/6/6/Events/Events.html or from Events for Business Ltd http://www.eventsforbusiness.co.uk/ - tel 01383 852931 - email - janet@eventsforbusiness.co.uk

Entertainment & Work - The Christmas Party, The Business Lunch etc......

noreply@blogger.com (Liz @ Fairways) — Sun, 15 Aug 2010 21:58:00 +0000

Whilst most of you are still lying around on sunkissed beaches, topping up your suntan, or just having some well earned time off on holiday, the last thing on your minds right now is the dreaded Christmas party season for example.

It goes without saying that company Christmas parties, business lunches, client dinners and such like now need careful consideration - needless to say this isn't just about the cost factor - but the people factor. It's therefore now time to consider the 'people well-being factor'. As a result a few points are outlined below for you:-

CHECKLIST

•   Ensure all employees realise and understand that they are representing the organisation whenever parties or such events are being held in any publicl arena.

•   Ensure all employees are aware and understand that any unacceptable behaviour will be subject to disciplinary action. Inform them that serious breaches of non standard behaviour may well lead to summary dismissal. Your employees also need to know the difference between what is acceptable behaviour and what is not to your organisation.

•   Ensure you have a clearly explained policy on the consumption of alcoholic drinks. Ensure it is made clear that there are d limitations on alcohol consumption (if this is the case). Fewer organisations operate a free bar for the duration of a party now as they take their roles in corporate social responsibility seriously; hopefully, your organisation is one of them.

• Don't forget illicit drugs - Make sure your policy clearly states that the use of recreational drugs is illegal, and employees found using recreational drugs could be summarily dismissed. Remember the rule of consistency - you cannot treat one employee different from another without good cause.

•   Make it clear that the organisation's standards in relation to discrimination and harassment still apply at functions for example parties, lunches and business dinners for clients and that unacceptable behaviour could lead to summary dismissal.

• If employees are expected to entertain clients, provide them with clear guidelines on acceptable expenditure limits, including what is permitted for spending on alcohol (if any).

•   Consider whether employees should be banned from consuming any alcohol at events that take place during working hours.

• Consider prohibiting employees from consuming any alcohol atevents when business negotiations are taking place. Ensure your policy explains this clearly to employees.

•   Inform employees of any rules in relation to dress codes (if any).

•   Consider providing taxis / other forms of transport home for employees, particularly after evening events where you know that alcohol has been consumed.

Abusing company email and internet systems

noreply@blogger.com (Liz @ Fairways) — Sun, 15 Aug 2010 21:47:00 +0000

Some companies allow no use, some allow limited use and others allow full access for personal use although this is becoming rarer. Those who allow full use of the internet and emails often do so for specific periods of time during the working day only.

It is evident that a number of employers still fail to recognise the need for clear policies to prevent abuse of their email systems and the internet.

The following checklist is provided to give you an insight into the areas you should be considering and implementing to protect your company and employees.

CHECKLIST

•    Policies should clearly set out what penalties will be imposed if company email and internet systems are abused by staff.

•    Policies should also explain clearly what is and is not acceptable to your organisation

•   Ensure that all employees are aware of the policy, and are aware that their e-mail and internet usage may be checked at any time as part of your monitoring processes.

•   Bringing your organisation into disrepute through unauthorised use of e-mail or internet sites is a huge concen to most organisations, therefore staff should be aware that this is a disciplinary offence even if this has occurred outwith what is considered to be working hours.

• Ensure that employees have adequate password protection for company e-mail, and that the passwords are recorded by the line manager for access in the employee's absence.

•   Do not allow employees to contribute to any blogs and / or other internet discussion sites that relate in any way to the organisation's activities unless your policy dictates otherwise. Some organisations recommend such use - be sure you know what your organisation wants to achieve

•   Be consistent with any penalties that are imposed for abuse of email and internet systems. Should you require assistance in setting up such a policy and advice on how to implement and advise your employees then contact us now on 01738 632 561.

FAIRWAYS ON THE MOVE

noreply@blogger.com (Liz @ Fairways) — Fri, 13 Aug 2010 22:36:00 +0000

Part of the growth strategy for Fairways includes relocating to new premises later this year, to offices that best serve the needs and interests of our clients.

To date, we have been unable to deliver quality learning & development initiatives and workshops internally as our current premises can only accommodate very small numbers of delegates at any one time.

Soon however, we will be moving to bigger premises with our own training suite which will save money on having to hire alternative suitable venues - that can only be cost effective and better value for all of our clients as well as helping our candidates prepare for the working environment.

Our new training suite will have a separate break out area. Clients will also be able to hire our rooms for training / business meetings and / or interviewing purposes.

We will keep you posted on progress, meantime have a look at the types of development training Fairways carries out at http://www.fairways-uk.com/3/3/91/Services/HR_Services/Training.html . If there is anything you think we should be covering that isn't mentioned, give us a call to see if it is in fact an area Fairways can deliver for you. Remember, 'we work with you - for you' to deliver the real and effective solutions you need when you need them.

Equality Act 2010

noreply@blogger.com (Liz @ Fairways) — Sun, 08 Aug 2010 13:55:00 +0000

The Equality Act will become law in October 2010. This Act replaces previous legislation (such as the Race Relations Act 1976 and the Disability Discrimination Act 1995) and ensures consistency in what you as the employer need to do to make your workplace a fair environment and to comply with the law.

The Equality Act covers the same groups that have been protected by existing equality legislation – age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership and pregnancy and maternity – but as of October 2010 this new legislation will also extend some protection to groups not previously covered, and at the same time will also strengthen particular aspects of equality law.

The Equality Act is a mixture of rights and responsibilities that have:

• Stayed the same – for example, direct discrimination still occurs when "someone is treated less favourably than another person because of a protected characteristic".

• Changed – for example, employees will now be able to complain of harassment even if it is not directed at them, if they can demonstrate that it creates an offensive environment for them.

• Been extended – for example, associative discrimination (direct discrimination against someone because they associate with another person who possesses a protected characteristic) will cover age, disability, gender reassignment and sex as well as race, religion and belief and sexual orientation.

• Been introduced for the first time – for example, the concept of discrimination arising from disability, which occurs if a disabled person is treated unfavourably because of something arising in consequence of their disability.

Importantly, employers need to be aware of the areas that will change. So what's changing?

• Indirect discrimination
• Associative discrimination
• Perceptive discrimination
• Harassment
• Harassment by a third party
• Victimisation
• Positive action
• Pre-employment health related checks
• Extension of employment tribunal powers
• Equal pay direct discrimination
• Pay secrecy

Time to consider…..!

You may be thinking that you already have an equality and diversity policy and therefore don’t need to do anything else when the new equality Act is implemented.

However, there are some specific changes such as discrimination by association or perception and around the area of disability – Are you still sure you don’t need to do anything further?

As an employer have you considered / implemented non disclosure of pay rates discussions between members of staff? Under the terms of Equality Act, this would be an unenforceable part of their contract of employment.

As a result of the changes, you as an employer may need to review and change some of your policies and procedures within the workplace to ensure full compliance with the new legislation. Fairways can help you to review and implement changes with ease. http://www.fairways-uk.com/3/3/Services/HR_Services.html

The UK Border Agency Update

noreply@blogger.com (Liz @ Fairways) — Wed, 04 Aug 2010 21:54:00 +0000

NEW GUIDANCE ON THE PREVENTION OF ILLEGAL WORKING

We all know that Illegal working hurts good business, undercuts legal workers and creates illegal profits. It also puts illegal workers themselves at great risk. By working together, employers and Government, the playing field can be levelled, and the exploitation of vulnerable migrants can be tackled.

Under the Immigration, Asylum and Nationality Act 2006 it is illegal to employ an individual who does not have the right to work in the UK. Where an employer knowingly recruits an overseas worker who does not have permission to work in the UK, there can be a criminal prosecution potentially leading to an unlimited fine and the possibility of a prison sentence therefore employing illegal immigrants is an expense that business cannot afford.

Even when this has been duly considered, The Race Relations Act 1976 protects job applicants against all forms of race discrimination throughout the recruitment process. In order to avoid race discrimination whilst at the same time ensuring that new recruits have the legal right to work in the UK, employers need to ensure they treat all job applicants consistently and fairly.

The UK border Agency has published new guidance to help UK employers understand the status of asylum seekers, refugees and those with humanitarian protection.

This guidance highlights what documents you should ask prospective employees to produce to ensure they have such status and that they can lawfully work for you. For more detailed information, you can download their guidance for employers on preventing illegal working, asylum seekers and refugees by visiting their site for more information. http://www.ukba.homeoffice.gov.uk/employers/preventingillegalworking/

At Fairways, we can assist with your recruitment practices to ensure you remain compliant, visit our website for more information at http://www.fairways-uk.com/