Welcome to Rullions

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Welcome to Rullions
Health, Safety and Employment Open Day 21st
September 2006
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Presentation Team

• Martin Garratt
• Managing Director Rullion Personnel
• Alison Eastham
• Group Health Safety and Environmental Manager
• Howard Marshall
• Group Human Resources Manager

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Introduction to Rullion

• Rullion Group
• Alltrades
• Computer
• Engineering
• Personnel
• Solutions
• Management Services

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Objectives

• To demonstrate the impact good Health Safety
  Employment Management has on both our business
  yours.
• To expand your understanding of the legislation
  that governs the recruitment industry
• To help you improve your recruitment supply chain
  management through better understanding of the
  standards expected of our industry.
• To describe how Rullion can work in partnership
  with you.

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Comment from the Chairman

• As Rullion Group Chairman, I take ultimate
  responsibility for promoting actively
  practicing Rullions philosophy relating to
  Health, Safety Welfare, to ensuring that
  Workers are placed with Clients ethically
  effectively.
• Themis Saoulli

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Agenda

• HS and Temporary Workers
• Legislation and terminology
• Responsibilities
• How Rullion can help
• Break
• Managing Temporary Workers
• Contractual considerations when using temporary
  workers
• How to mitigate risks
• What Rullion can do to help
• Legal Update
• HS and employment law
• Lunch and Advice Clinic

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Health and Safety

• Alison Eastham
• Group Safety Health and Environmental Manager

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HSE Statistics 2005/6

• 35 million working days lost due to work related
  ill health and injury
• Equates to 1.5 days per worker
• Average salary cost per head to UK business is
  132 PA

• 35 million days
• 28 million due to work related ill health
• 7 million due to workplace injury

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Legislation

• HS At Work Act
• Sections 2 and 3
• Management of HS At Work Regs
• Reg. 11 Co-operation and Co-ordination
• Reg. 12 Persons Working in host employers or
  self employed persons undertakings
• Reg. 15 Temp Workers
• Employment Agencies Act 1974
• Employment Agencies and Employment Businesses
  Conduct Regulations
• Agency Workers Guidance (HSE/DTI)

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Definitions

• Work Seeker Employment Agencies Conduct Regs
• A work seeker is a person to whom an agency or
  employment business provides, or holds themselves
  out as being capable of providing, work-finding
  services.  (Temporary worker/contractors)
• Employment Business
• An organisation which supplies persons to act
  for, and under the control of, other persons (the
  hirer) in any capacity. (Temporary or contract
  recruitment)
• Employment Agency
• An organisation introducing jobseekers to
  potential permanent employers. (Permanent
  recruitment)

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Rullion is both an Employment Business and an
Employment Agency
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Contractual terminology

• Employment Contract
• Worker is a direct employee of the company
  issuing the contract
• Contract of Service (Employment Contract)
• Worker is an employee of the company issuing the
  contract but the terms of their employment are
  that they work under the supervision, direction
  and control of a 3rd party
• Contract for Services
• The worker has a self-employed status and is
  neither employed by the hirer nor the employment
  business.
• Terms of Business
• Business to Business contract used for Ltd. Co.
  workers.
• Expresses terms of trading only.
• Workers self employed or employees of Ltd. Co.

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Temporary workers placed through Rullion operate
under

• A Contract for Services
• Or
• Terms of Business
• and therefore have
• Self-employed status (PAYE)
• Or, are employed by the Ltd Co that pays them.

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Relationship Communication Triangle
Hirer
Relationship Communication Triangle
Work Seeker Ltd Co/PAYE
Employment Business
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HS Responsibility

• Due to Reg. 11 (Co-operation and Co-ordination)
  and the Relationship/Communication Triangle,
  the REC States
• The practical effect of Health and Safety
  legislation is a joint responsibility for the
  Health and Safety of temporary workers between
  the employment business and the client
  organisation (hirer)
• Supported by HSE and DTI in agency workers
  guidelines

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HS Responsibilities

• Important to have clarity
• Employment Business
• All pre-assignment checks
• All ongoing liaison and communication
• Any required support service as required
• Client
• All on assignment activities supervision/directi
  on/control
• Temp worker
• As employee but including communication with
  employment business and client and PPE provision
  where applicable

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HS Information required from Temporary Workers

• Health/disability information
• Career history
• Qualifications/certifications
• Skills cards/HS passport schemes (Where
  applicable)
• Working Time Regulations (PAYE)
• Age Young Workers
• References
• Ensure workers are fit and suitable

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HS Information required from Client

• Site Address
• Name of Manager
• Job title
• Job description role requirements
• Start time
• Any specific qualifications/skills or qualities
• Any HS risks, and controls to manage them
• Personal Protective Equipment required

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Two way communication is essential
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How Can Rullion Help

• Workers HS Guidance Handbook
• Training for all Rullion staff re. HS
  requirements
• Client and/or worker presentations/training
• Internet
• Industry body affiliations CITB (CSCS)/JIB etc.
• Newsletters

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Continued.

• Accident investigation reports/RIDDOR reports
• Client visits
• Client days
• SHE Manager
• Dedicated Service partnership with Clients
• Bond

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Case Study - United Utilities

• Drivers
• Liaison meetings
• Newsletter
• Training
• Joint working party UU and Rullion
• Rullion actively monitoring licence compliance.
• Rullion undertaking annual training recap
• Joint training planned

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Case Study United Utilities

• Client comment
• Regular meetings have improved working together.
  There is
• Better understanding of needs from both UUOS and
  Rullion
• Higher profile of HS issues relating to tanker
  drivers responsibilities
• Improved knowledge of the transport industry i.e.
  tachographs and VOSA
• We would now like to see Rullion strengthen their
  service to us to provide a higher number of
  stand-by drivers.

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QA
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Howard MarshallGroup HR Manager
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Managing Temporary Workers

• The contract for service
• The Employment Tribunal Service view on temporary
  workers
• Recent cases involving Temporary Workers
• How can Rullion help

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Employment tribunal service statistics 2005 / 2006

• Increase in claims from 86,000 to 115,000
• Types of claims
• Increase in multiple claims
• Primarily claims about equal pay
• Largest number of claims were for unfair
  dismissal
• Highest growth in claims were working time
  related
• Compensation levels remained static for all cases
• Highest award 985,000
• Average award (all claims) 5,000

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The tribunals view on contract / temporary workers

• There have been numerous cases surrounding the
  employment status of temporary workers
• The tribunals are looking to determine an
  employee relationship within the triangular
  arrangement
• A number of recent cases have been used to test
  the possibility of an employee relationship

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Recent cases

• Brook Street v Dacas (2004)
• Key points
• Client Wandsworth Borough Council
• Greater than 12 months service with Brook
  Street
• Continuous with one client
• Assignment termination due to a dispute between
  Dacas and the Council
• Decision
• Worker could be employee of end user due to
  implied contract of employment

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Recent cases

• Bunce v SkyBlue (2005)
• Key Points
• Mutuality of obligation raised due to successive
  number of short term contracts via Sky Blue
• Control was delegated to the client by Sky Blue
• Decision
• Contract for service was clear and unequivocal
• Mr Bunce was not an employee of Sky Blue

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Recent cases

• RNLI v Bushaway (2005)
• Key points
• Mrs Bushaway placed on a temp contract
• Offered a full time post
• Left after 7 months in post due to dispute
• Decision
• As there was no break in service between
  temp/perm role and the job she undertook as a
  temp was the same as her contract of employment
  indicated
• Combined temp/perm service equated to more than
  12 months and tribunal therefore found in her
  favour

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Recent cases

• Muscat v Cable and Wireless (2005)
• Key points
• Dacas case not fully tested
• Continuous service with one client
• TUPE transfer in 2001
• No change to role
• Decision
• He was an employee of CW
• There existed an implied contract of employment
• The conduct of the parties was considered key

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Summary

• Tribunals are attempting to find an implied
  contract of employment
• These cases have all centred around the implied
  contract of employment being between the client
  and the worker
• Stresses the importance of robust contract terms
• Stresses the importance of continual review of
  such terms
• Each case will rely on its individual merits

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Recent cases

• Ncube others v 24/7 Support Services Ltd
  (2006)
• Key points
• Bank nurses claimed they were employees of 24/7
• 24/7 delivered compulsory training
• 24/7 appraised the bank nurses
• 24/7 subjected workers to disciplinary procedures
  
• Decision
• The tribunal found for the bank nurses

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What can rullion offer to ensure we all stay out
of tribunals?

• We ensure
• that our terms and conditions cover all
  eventualities relating to cessation of an
  assignment, taking into account recent case
  history
• that supplied workers understand their
  relationship with ourselves and the client
• that we manage all contractual arrangements

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What can rullion offer to ensure we all stay out
of tribunals? Contd

• We ensure
• that we communicate agreed rate increases
• that negotiations are managed through us
• that we manage all assignment terminations
• that wherever we can, we identify any problems
  that may create an employee relationship

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How do we do this?

• Through the provision of training to our
  recruitment consultants
• Through the development of relationships with our
  clients
• By taking the time to discuss the clients
  requirement with our candidates
• Through constant communication

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What else can we do?

• We can offer training / presentations on how to
  manage temporary workers to your supervisors /
  managers to include
• how not to create an employment contract
• training, only as required to carry out the job
• no additional payments outside the contract
• no disciplinary action
• no performance reviews

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What else can we do?

• We offer our assistance to resolve workplace
  misunderstanding
• Contractual review assistance
• Support / helpline advisory service

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What else can we do?

• Tell us -
• Your feedback is important

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Legal Update
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Health Safety Legislation/Consultation

• HSC/E Draft Simplification Plan
• Proposals for revised Asbestos Regs ACOP
• Construction (Design Management) Regs
• Fire Reform Order

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HSC/E Draft Simplification Plan

• Aim
• Simplify legislation
• Reduce admin burden
• Consider alternative enforcement methods
• Consultation for initial plan completed Jan 06
• Key themes
• Forms review Merger with other regulators
  Sensible risk management Explore alternatives
  to regulation Guidance Penalties
  Legislative and enforcement incentives.
• Currently with Cabinet Office Better Regs.
  Officials for their view

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Revised Asbestos Regs. And ACOP

• Aim is to consolidate 3 sets of legislation
• Control of Asbestos At Work Regs 2002
• Asbestos (Licensing) Regs 1983 (amended)
• Asbestos (Prohibitions) Regs 1992 (amended)
• Changes Inc
• Redefining the word Asbestos
• Replacing the use of action levels
• Introducing a new Control Limit 0.1 f/cm3
  removing short-term exposure limits
• Amendments to the fibre counting methods used
• Expanding the list of training requirements
• Changes to the licence and clearance certificate
  requirements
• HSC approved on 25th July Nov or Dec 2006?

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CDM Regulations

• Deferred until April 2007
• Guidance anticipated for Jan 07
• Main Aims
• Consolidate existing legislation
• Changes to client duties
• Empowered Coordinator
• Designer Duties
• Demolition
• No Change to definition for notifiable projects

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Fire Reform Order

• Effective from 1st Oct 2006
• Replaces existing fire legislation
• Fire certificates void
• Fire Risk Assessment
• Duty to undertake
• Employees
• Non employees
• Duty holder responsible person
• Additional specific requirements for a range of
  other issues.

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Employment Legislation Age Discrimination
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Age Discrimination

• Definition
• Age discrimination can be explained as occurring
  when someone treats a person less favourably
  because of that persons age, and uses this as a
  basis for prejudice against and unfair treatment
  of that person

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Employment Equality (Age) Regulations 2006

• Regulations to be implemented on 1st October 2006
• Age discrimination laws must be in place in all
  member states by 2nd December 2006
• Age Discrimination Guidelines available on
  Rullion Internet Law and Policy section

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Age Discrimination

• The regulations will
• outlaw mandatory retirement ages below age 65
  (except where they can be objectively justified)
• give those over 65 the right to request to
  continue working
• be reviewed in 2011 to consider whether it is
  still necessary to maintain mandatory retirement
  ages at all
• ban unjustified age discrimination in employment
  terms such as, recruitment, promotion and
  vocational training
• remove the upper age limit currently in use for
  unfair dismissal and redundancy rights
• provide at least six months written notice to
  employees in advance of their intended retirement
  date to enable them to plan effectively for
  retirement.

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Age Discrimination - Recruitment

• Age-related criteria or age ranges should not be
  used in advertisements other than to encourage
  applications from age groups which do not usually
  apply
• Adverts should avoid phrases such as 5 years
  experience, minimum 3 years in similar role as
  this may be discriminatory against younger
  workers
• Alternatives such as competent in the area of,
  proven experience in the area of should be
  used.

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Age Discrimination - Recruitment

• Specific requirements for a degree may be
  indirectly discriminatory against older people
• Age criteria must not be taken into account in
  employment decisions but can be used for
  monitoring purposes
• Any reference to age should be removed from
  employee or candidates CVs prior to submission
  to the recruiting manager
• Person specifications need to be updated to focus
  on competencies. Interviews should focus on
  skills, knowledge, behaviour and experience as
  opposed to qualifications, except where specific
  role necessary qualifications are required.

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Age Discrimination

• Reward
• Pay and terms of employment should not be based
  on age-related criteria

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Age Discrimination

• Training Development
• All employees should be eligible for TD
  programmes and have the same TD opportunities
• All courses available to everyone so long as
  there is a business need for them to attend
• Promotions must be awarded based on capability,
  success and achievement

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Age Discrimination - Benefits

• Benefits such as private health insurance are
  generally more expensive for older workers.
  Increased expense however will be no excuse for
  employers to exclude older workers from a scheme
  if the employee is entitled to it.

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Age Discrimination - Recruitment

• Example
• Our client is looking for experienced barman to
  join a young, vibrant and outgoing team.
• A good knowledge of wines and cocktails is an
  absolute must. A varied knowledge of different
  spirits would be extremely beneficial as well.
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• Applicants should be well presented and have a
  good grasp of the English language. The hours are
  long but the rewards are handsome. A competitive
  salary will be combined with a share of the tips
  and a quarterly bonus dependent upon performance.
  Training will be given where necessary and an
  ongoing development program will ensure your
  skills remain up to date.
•  
• Apply now for an immediate interview.

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Age Discrimination - Recruitment

• Answer
• Key phrase barman to join a young, vibrant
  and outgoing teamDirectly discriminatory on
  the basis of gender. The term barman should be
  replaced with something non gender specific such
  as bartender or barperson.Use of the word
  young is, in this case, indirectly
  discriminatory on the basis of age.

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QA
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Health, Safety and Employment Open Day21st
September 2006