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Archive for the 'Legislation & Regulations' Category

Equality Act 2010 – Did you know?

Published by Corrina on 12 August, 2010 in HR & People Development and Legislation & Regulations • 0 Comments
Equality Act 2010 – Did you know?
Some things that businesses may not know, but should know, about the upcoming Equality Act.
◦ Most provisions of the Equality Act become law on 1 October 2010. The Act consolidates existing equality and discrimination laws and provides new, simpler, stronger and more consistent rules.
◦ The Act protects people from discrimination on the basis of specific ‘protected characteristics’ – sex; sexual orientation; disability; race, ethnic origin, colour and nationality; pregnancy and maternity; gender reassignment; marriage and civil partnership; belief and religion.
◦ People who access your products, services or facilities, and your employees, are protected from direct discrimination on the basis of the above protected characteristics.
◦ Rules, policies or practices which apply to everyone but disadvantage people with a protected characteristic may result in indirect discrimination – unless your actions were ‘reasonable’.
◦ For example: only offering appointments by phone may indirectly discriminate because this may disadvantage deaf people, and it may be hard to show you could not have provided other options.
◦ Protection also applies to people treated unfairly because they are perceived to have a protected characteristic, and people treated unfairly due to associating with someone with a characteristic.
◦ The Act makes it easier for people to show that they have difficultly carrying out day-to-day activities and come under the protection of the act as a disabled person.
◦ Firms must ensure that a customer who is breastfeeding is not treated unfairly by employees; or other customers, if their unfair treatment has been previously brought to your attention.
◦ An employee who has had several linked periods of depression over the last two years, who finds it difficult to carry out day-to-day activities, is defined as disabled for the purpose of the Act.
◦ It is discrimination to treat a disabled employee unfavourably due to factors connected with their disability, such as a tendency to make spelling mistakes resulting from dyslexia.
◦ You may be liable for employee harassment by third parties if you are aware that it has occurred at least twice before and you have not taken steps to prevent it happening again.
◦ You cannot prevent employees from having discussions to determine whether pay differences exist that are related to protected characteristics.
◦ The Act limits circumstances in which you can ask job applicants health-related questions.
Because the Equality Act extends and strengthens protections, you may need to review and amend your business’s equality and discrimination policies and practices.
These are just a selection of the Act’s provisions. Click here for more comprehensive details
Guides: Set up employment policies for your business, Prevent discrimination and value diversity

Some things that businesses may not know, but should know, about the upcoming Equality Act.

  • Most provisions of the Equality Act become law on 1 October 2010. The Act consolidates existing equality and discrimination laws and provides new, simpler, stronger and more consistent rules.
  • The Act protects people from discrimination on the basis of specific ‘protected characteristics’ – sex; sexual orientation; disability; race, ethnic origin, colour and nationality; pregnancy and maternity; gender reassignment; marriage and civil partnership; belief and religion.
  • People who access your products, services or facilities, and your employees, are protected from direct discrimination on the basis of the above protected characteristics.
  • Rules, policies or practices which apply to everyone but disadvantage people with a protected characteristic may result in indirect discrimination – unless your actions were ‘reasonable’.
  • For example: only offering appointments by phone may indirectly discriminate because this may disadvantage deaf people, and it may be hard to show you could not have provided other options.
  • Protection also applies to people treated unfairly because they are perceived to have a protected characteristic, and people treated unfairly due to associating with someone with a characteristic.
  • The Act makes it easier for people to show that they have difficultly carrying out day-to-day activities and come under the protection of the act as a disabled person.
  • Firms must ensure that a customer who is breastfeeding is not treated unfairly by employees; or other customers, if their unfair treatment has been previously brought to your attention.
  • An employee who has had several linked periods of depression over the last two years, who finds it difficult to carry out day-to-day activities, is defined as disabled for the purpose of the Act.
  • It is discrimination to treat a disabled employee unfavourably due to factors connected with their disability, such as a tendency to make spelling mistakes resulting from dyslexia.
  • You may be liable for employee harassment by third parties if you are aware that it has occurred at least twice before and you have not taken steps to prevent it happening again.
  • You cannot prevent employees from having discussions to determine whether pay differences exist that are related to protected characteristics.
  • The Act limits circumstances in which you can ask job applicants health-related questions.

Because the Equality Act extends and strengthens protections, you may need to review and amend your business’s equality and discrimination policies and practices.

These are just a selection of the Act’s provisions.  Click here for more comprehensive details

Relevant guides from the Business Link website:

Set up employment policies for your business

Prevent discrimination and value diversity

The ‘fit note’ and occupational health

Published by Business Link on 28 April, 2010 in HR & People Development and Legislation & Regulations • 0 Comments
The fit note – and occupational health
The fit note has replaced the sick note; we explain the change, and explore occupational health.
The fit note
The Statement of Fitness for Work, or ‘fit note’, has replaced the ‘sick note’ for employees absent due to sickness for longer than seven days. Doctors will still be able to advise patients that they are “not fit for work”, but they will also have a new option, “may be fit for work taking account of the following advice”.
The Department for Work and Pensions says that in cases where an employee ‘may be fit for work’, doctors will suggest ways of facilitating the employee’s return to work, including approaches such as “a phased return to work; altered hours; amended duties; and/or workplace adaptations”. DWP advises that “If it is not possible for you to provide the support for your employee to return to work, you and your employee should use the Statement as if the doctor had advised ‘not fit for work’”.
Chairman of the British Medical Association GP committee, Dr Laurence Buckman, said: “If a GP decides their patient is capable of some form of work, for example if they’ve got back pain and they should temporarily avoid elements of their normal job, then it will be down to the employer to be flexible enough to accommodate them… Employers have a responsibility to provide adequate occupational health services.”
Buckman’s comments reflect the reasoning behind the fit note: generally work is good for a person’s health; therefore – for those who are ready – it’s right to remove the challenges of returning to work.
For more information read Statement of Fitness for Work – A guide for employers
Occupational health
Under the fit note system, if a doctor feels an assessment by an occupational health therapist is required, they can state this on the fit note for consideration by the employer. It’s the employer’s decision whether to act on this advice, but for complex or work-related conditions occupational health therapy is strongly advised. Why? Because the health and productivity benefits and lower sickness absence costs could ultimately outweigh the costs of providing occupational health therapy.
In addition to reacting to specific health concerns by providing occupational health therapy, employers can proactively manage occupational health in a variety of ways. Examples include tackling common occupational health issues such as stress, repetitive strain injury, back pain, and providing support for employers wishing to give up smoking or reduce alcohol consumption. Again, such support doesn’t have to be costly, and the costs can often be outweighed by the benefits.
At the very least all businesses should ensure that they comply with occupational health regulations. Good practice would also be to know where to find an occupational health therapist should an employee’s fit note recommend consulting with one. Beyond this, it’s about appreciating the benefits of proactively managing occupational health, and exploring what else you can do to create a safer, healthier workforce.
For more information, including your legal responsibilities, read Occupational health and welfare
To explore what else you can do, read Health, safety, wellbeing and fitness

The fit note has replaced the sick note; we explain the change, and explore occupational health.

The fit note

The Statement of Fitness for Work, or ‘fit note’, has replaced the ‘sick note’ for employees absent due to sickness for longer than seven days. Doctors will still be able to advise patients that they are “not fit for work”, but they will also have a new option, “may be fit for work taking account of the following advice”.

The Department for Work and Pensions says that in cases where an employee ‘may be fit for work’, doctors will suggest ways of facilitating the employee’s return to work, including approaches such as “a phased return to work; altered hours; amended duties; and/or workplace adaptations”. DWP advises that “If it is not possible for you to provide the support for your employee to return to work, you and your employee should use the Statement as if the doctor had advised ‘not fit for work’”.

Chairman of the British Medical Association GP committee, Dr Laurence Buckman, said: “If a GP decides their patient is capable of some form of work, for example if they’ve got back pain and they should temporarily avoid elements of their normal job, then it will be down to the employer to be flexible enough to accommodate them… Employers have a responsibility to provide adequate occupational health services.”

Buckman’s comments reflect the reasoning behind the fit note: generally work is good for a person’s health; therefore – for those who are ready – it’s right to remove the challenges of returning to work.

For more information read Statement of Fitness for Work – A guide for employers

Occupational health
Under the fit note system, if a doctor feels an assessment by an occupational health therapist is required, they can state this on the fit note for consideration by the employer. It’s the employer’s decision whether to act on this advice, but for complex or work-related conditions occupational health therapy is strongly advised. Why? Because the health and productivity benefits and lower sickness absence costs could ultimately outweigh the costs of providing occupational health therapy.

In addition to reacting to specific health concerns by providing occupational health therapy, employers can proactively manage occupational health in a variety of ways. Examples include tackling common occupational health issues such as stress, repetitive strain injury, back pain, and providing support for employees wishing to give up smoking or reduce alcohol consumption. Again, such support doesn’t have to be costly, and the costs can often be outweighed by the benefits.

At the very least all businesses should ensure that they comply with occupational health regulations. Good practice would also be to know where to find an occupational health therapist should an employee’s fit note recommend consulting with one. Beyond this, it’s about appreciating the benefits of proactively managing occupational health, and exploring what else you can do to create a safer, healthier workforce.

For more information, including your legal responsibilities, read Occupational health and welfare

To explore what else you can do, read Health, safety, wellbeing and fitness

Health, safety, wellbeing and fitness

Published by Business Link on 28 April, 2010 in HR & People Development and Legislation & Regulations • 3 Comments
Health, safety, wellbeing and fitness
What companies must do, and what we can all do, to improve workplace health, safety, and wellbeing.
What companies must do
Companies are legally responsible for the health and safety of employees, visitors to premises including customers or tradespeople, and any other people affected by the business and its products or services.
Key responsibilities include having a health and safety policy, carrying out an assessment of health and safety risks, and taking reasonable steps to control workplace hazards. Companies must also comply with other duties such as recording and reporting accidents, consulting with employees to ensure they understand their health and safety responsibilities, and meeting a legal duty of care for the occupational health and welfare of employees.
For a more detailed overview of responsibilities read Your responsibilities for health and safety
What we can all do
Firstly, employers and employees can work together to highlight and control workplace risks, and ensure health and safety policies are present, clear and understood. Doing so helps to ensure legal compliance and reduces the potential for workplace illness or injury.
Employers and employees could also work together to proactively improve workplace wellbeing. But why bother? The Chartered Institute of Personnel and Development estimates that the average absence cost per employee per year was £692 in 2009. And the British Heart Foundation says that firms promoting healthy, active workforces report lower absence rates, and other benefits too, from improved employee productivity, morale and retention, to positive effects on back pain, stress and mental health. Such benefits can lower per employee absence costs and boost productivity and employee satisfaction.
Practically speaking, companies could introduce initiatives such as: employee occupational health services to promote wellbeing, prevent illness or injury, and facilitate return to work; stress counselling; and support for giving up smoking. Beyond this companies could encourage more healthy and active workforces by pioneering employer-led schemes or supporting employee-led activities. There are a variety of options, from subsidised gym memberships to simple ideas like ‘Healthy Mondays’ where staff share healthy snacks, to setting up lunchtime walking groups or more involved sporting activities. To begin, British Heart Foundation recommends appointing a ‘champion’ to co-ordinate wellbeing activities – this person should: have management support; be aware of health and safety issues; ensure activities match up with employee interests and needs; and set up a group to help manage activities.
Employers have an opportunity to engage with employees and create initiatives that benefit both the business and its people, together creating healthier, happier and more active and productive workforces. This can be done cost-effectively, and any costs which are incurred could be offset through potentially lower absence costs and improved employee productivity and retention. So once you have the legal  basics sorted, why not explore what more you could do to create a healthier, happier workforce?
For more guidance on getting healthy and active in the workplace visit Health At Work or Change4Life. There may also be regional support available, such as North Somerset Go4Life.
Note: the above examples of health and fitness activities are for illustration only and are not necessarily recommended; seek advice when planning your own workplace health and fitness activities.

What companies must do, and what we can all do, to improve workplace health, safety, and wellbeing.

What companies must do

Companies are legally responsible for the health and safety of employees, visitors to premises including customers or tradespeople, and any other people affected by the business and its products or services.

Key responsibilities include having a health and safety policy, carrying out an assessment of health and safety risks, and taking reasonable steps to control workplace hazards. Companies must also comply with other duties such as recording and reporting accidents, consulting with employees to ensure they understand their health and safety responsibilities, and meeting a legal duty of care for the occupational health and welfare of employees.

For a more detailed overview of responsibilities read Your responsibilities for health and safety

What we can all do

Firstly, employers and employees can work together to highlight and control workplace risks, and ensure health and safety policies are present, clear and understood. Doing so helps to ensure legal compliance and reduces the potential for workplace illness or injury.

Employers and employees could also work together to proactively improve workplace wellbeing. But why bother? The Chartered Institute of Personnel and Development estimates that the average absence cost per employee per year was £692 in 2009. And the British Heart Foundation says that firms promoting healthy, active workforces report lower absence rates, and other benefits too, from improved employee productivity, morale and retention, to positive effects on back pain, stress and mental health. Such benefits can lower per employee absence costs and boost productivity and employee satisfaction.

Practically speaking, companies could introduce initiatives such as: employee occupational health services to promote wellbeing, prevent illness or injury, and facilitate return to work; stress counselling; and support for giving up smoking. Beyond this companies could encourage more healthy and active workforces by pioneering employer-led schemes or supporting employee-led activities. There are a variety of options, from subsidised gym memberships to simple ideas like ‘Healthy Mondays’ where staff share healthy snacks, to setting up lunchtime walking groups or more involved sporting activities. To begin, British Heart Foundation recommends appointing a ‘champion’ to co-ordinate wellbeing activities – this person should: have management support; be aware of health and safety issues; ensure activities match up with employee interests and needs; and set up a group to help manage activities.

Employers have an opportunity to engage with employees and create initiatives that benefit both the business and its people, together creating healthier, happier and more active and productive workforces. This can be done cost-effectively, and any costs which are incurred could be offset through potentially lower absence costs and improved employee productivity and retention. So once you have the legal  basics sorted, why not explore what more you could do to create a healthier, happier workforce?

For more guidance on getting healthy and active in the workplace visit Health At Work or Change4Life. There may also be regional support available, such as North Somerset Go4Life.

Note: the above examples of health and fitness activities are for illustration only and are not necessarily recommended; seek advice when planning your own workplace health and fitness activities.

Intellectual Property explained

Published by Business Link on 18 February, 2008 in Legislation & Regulations • 0 Comments

Intellectual Property (IP) refers to creations of the mind, which can be protected and exploited in similar ways to physical property.

The creations of architects, writers, designers and software makers… Unique visual designs, inventions, products and processes… The way products look or feel… The names, signs, symbols or slogans that make products, services and businesses distinctive…. These things are valuable to their owners, and they have a right to protect them. These things are IP.

In many ways protecting IP is a moral imperative. Others should not be allowed to freely copy or steal your ideas and creations without your consent or compensation. But protecting IP is also a commercial imperative. By protecting IP you can protect your interests, establish a competitive advantage and maximise your success and profitability. And like physical property, IP can be exchanged, traded, licensed or sold, offering the potential for further value to be realised from the creative process.

A framework of regulations exist in the UK that seek to protect the interests of IP owners. The regulations fall broadly into four main types of IP: patents, trade marks, copyrights and designs.

• Patents protect new inventions, giving the owner the right to prevent others from making, using, importing or selling an invention without permission. An invention must be new or inventive, and must be capable of being made or used in industry.

• Trade marks grant protection of a sign or symbol – including names, logos, slogans, domain names, shapes, colours or sounds – that are distinctive and that distinguish a business’s goods or services from those of competitors.

• Copyright protects creative or artistic works from being copied or used without permission. Works are automatically protected by copyright as soon as the work is ‘fixed’. This could mean when the work is written down, recorded, published on the Internet or stored electronically. There is no application process or fee for copyright, but owners may need to provide proof of copyright in the case of a dispute.

• Design protection focuses on the appearance of an item resulting from its features or the way it looks, rather than on how it works. Characteristics such as an item’s colour(s), shape, texture, material composition, contours and lines may contribute to a product’s appearance. There are several different forms of protection for designs available in the UK, all of which require that a design must be both new and individual in character.

There may be additional requirements and steps to take when registering different types of protection. In some cases (as with patents) it may be necessary to seek professional or legal guidance. It is also important to remember that IP rights are territorial. In other words, some types of IP protection are only valid in the countries where they are granted or registered. Even if you don’t trade abroad, it may be important to protect your IP from being stolen or used in other countries.

For more information, select from the following resources:

Guide – Protecting intellectual property

Guide – Intellectual property protection overseas

Interactive Tool – Find out how to protect your ideas

More info – Other IP resources

Link – UK Intellectual Property Office Website

Scams – The grey area

Published by Business Link on 25 October, 2007 in Legislation & Regulations • 0 Comments

The most unscrupulous scams offer nothing in return for your money. Cleverly designed, tightly organised and often impervious to the law, they add up to a billion pound global industry.

Beyond (or beneath) the scam is another, similar type of practice. One that does offer something in return for your money, but misleads you in the process. Crafty, if only because it is difficult to even define the process as a scam.

For almost ten years, the European City Guide (ECG) – a directory of companies, activities and services – has offered businesses the chance to be listed in their guide. Thousands of companies took this opportunity – which appeared largely above board – only to find that as a result they had unwittingly entered into a legally binding contract. One which lasted several years and demanded further, unexpected payments.

In 1999 the Advertising Standards Authority upheld complaints that the ECG mailing was misleading, because it implied that directory entries were free and did not make clear that signing and returning the mailing would commit to subsequent payments. And according to the ‘Stop the ECG’ website, over 1,300 business would agree – all stating in a poll that when returning the ECG mailing, they did not believe they were entering into a binding contract.

So the issue here is not that the ECG takes money for nothing – there is a guide, and registered businesses are (usually) listed in it. The issue is that the ECG uses misleading tactics to trap people into making unexpected payments and entering into unintended agreements.

Sounds like a scam, surely? Well, probably. But the rub here is the grey area between a scam, and a legitimate, legally binding contract. So much so that in this case, it was ECG that were shouting loudest for their money, not the victims themselves. According to reports online, hundreds of businesses were hounded by bailiffs and court orders for money owed to ECG. In many cases, firms simply gave up fighting and paid out their contracts, for fear of being taken to court or damaging their credit status.

It may seem pedantic to make the narrow distinction between a scam and misleading marketing. Both exist to con you in some way or another. The difference is, misleading tactics may be employed not just by hardened scammers, but by otherwise legitimate companies delivering seemingly ‘real’ products and services. As a result, their tactics may be harder to spot than a traditional scam. And if you fall into the trap, it may be much trickier to escape.

More info on Avoiding Scams

Find out more about Misleading Advertising at the ASA website
http://www.asa.org.uk/asa/about/short_guide/