Following World Cup hype in the office, the team of engineers at ABC Ltd, decide to re-enact famous World Cup goals in the company car park during their lunch break. One of the lads has a football so the game begins... Following a truly sensational re-enactment of Michael Owen’s 1998 solo goal against Argentina and the team effort of Brazil climaxing in Alberto’s goal against Italy in 1970, as one of the employees jumps to perform Maradona’s "hand of God" goal, he is pole axed by the oncoming Peter Shilton impressionist and is knocked unconscious.
An innocent accident at work, but an ambulance is called and the employee is off sick for 4 weeks following a serious concussion and later discovered to have fractured his collar bone too.
Is this a problem for the employer?
Well, yes.
Despite the inconvenience of the employee being away from the workplace for four weeks, this would also have to be treated as an accident at work. The employer would have a duty to inform Health and Safety Executive (HSE) under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) because the accident resulted in a serious injury and was off work for more than 3 consecutive days. You will need to record the accident in your accident book and conduct an investigation into the incident due to its seriousness.
The other question is what do you pay the employee for the time they are off due to an accident at or in work?
It would be wise to refer to their contract of employment to see whether a member of staff is entitled to receive Company Sick Pay or just SSP for the period they are off. Under the circumstances it would be difficult to withhold sick pay if they were contractually obliged to receive it as it did happen on Company premises, not technically during a working period, but did involve another work colleague. Given the circumstances, it would not be clear if the Company could be blamed for the accident but remember there are a lot of "no win no fee" lawyers out there…
With the World Cup starting in June 2010 it might be an idea to start reviewing your policies on accidents at work just in case this theoretical scenario (or something similar) comes true.
Our company accepts no liability for the content of this document, external links or for the consequences of any actions taken on the basis of the information provided, as with all employment and Health and Safety issues HR advice should be sought at the beginning of any issue from professionals.
Wednesday, 5 May 2010
Tuesday, 6 April 2010
Position of the Week
There’s no doubt that for any UK employer, a well thought out job advertisement is essential when recruiting the right person for the job. After all, any business owner knows that the recruitment process can be an arduous task.
With the 2010 general election announced in today’s news, here’s a great example of a comprehensive job spec:
http://www.tinyurls.co.uk/V902
Only question is … who will get it?
With the 2010 general election announced in today’s news, here’s a great example of a comprehensive job spec:
http://www.tinyurls.co.uk/V902
Only question is … who will get it?
Thursday, 25 March 2010
What's going on down the farm?
Social networking sites seem to be multiplying faster than the H1N1 virus! Whether you are a facebooker or you love to tweet there are a million and one ways to waste time online. Any employer knows that social networking and online gaming can pose a serious threat to productivity in the workplace. Just today in the news, a Bulgarian official has been sacked after being caught milking a virtual cow on the hugely popular online farming game, FarmVille. Whatever next?! One thing’s for sure, small business owner’s need to get smart and make sure they have a clear IT policy which outlines internet use in the workplace. After all, in a couple of month’s ‘World Cup Fever’ will be upon us and with it, another reason to be checking online updates or even, dare I say it, watching matches online while at desks! Don’t say we didn’t warn you …
Tuesday, 23 March 2010
Dismissed by Facebook?
Thanks to Richard Lowe, The HR Dept West London, for this interesting snippet.
I picked up an interesting idea of management from the daily paper yesterday.
A manager dismissed a coffee shop worker due to a shortage in the till. However the big problem with this is that the manager dismissed the worker by a ‘facebook message’ not the best way to get your marching orders.
Aside from the obvious ‘not following a standard procedure’ there may well be a claim for ‘emotional distress’. If this is taken on face value then it could cost the company up to £60,000 just for the unfair dismissal!
So if your clients would like to ‘wake up and smell the coffee’ rather than the aroma of an employment tribunal chamber, seek advice about the right way to conduct dismissals.
I picked up an interesting idea of management from the daily paper yesterday.
A manager dismissed a coffee shop worker due to a shortage in the till. However the big problem with this is that the manager dismissed the worker by a ‘facebook message’ not the best way to get your marching orders.
Aside from the obvious ‘not following a standard procedure’ there may well be a claim for ‘emotional distress’. If this is taken on face value then it could cost the company up to £60,000 just for the unfair dismissal!
So if your clients would like to ‘wake up and smell the coffee’ rather than the aroma of an employment tribunal chamber, seek advice about the right way to conduct dismissals.
Friday, 19 March 2010
Great Expectations!
Read what Jennie Horchover, The HR Dept Ruislip & Harrow, has to say about employees sacked for failing to meet expectations ...
http://lawdonutblog.co.uk/2010/03/17/sacked-for-failing-to-meet-expectations/
http://lawdonutblog.co.uk/2010/03/17/sacked-for-failing-to-meet-expectations/
Thursday, 4 February 2010
What's love got to do with it?
Quite a lot actually. In case you hadn’t noticed, it’s that time of year again. Love is in the air, or should I say, in the office. With over 70% of single employees becoming romantically involved with someone on the job at some point in their careers, today’s workplace has become the new “singles bar”. In fact, the workplace has also become the number one place for married men and women to meet affair partners and conduct extramarital affairs. I suppose it’s not surprising seeing as we spend a third or more of our lives at work. But for employers, the office romance can make for dangerous ground. Handled well, it can lead to a relationship. Handled badly, it can lead to a lawsuit for harassment.
The HR Dept says: “While relationships between colleagues are commonplace, it is important for employers to try to restrict activities that are harmful to the business. It is your responsibility to make the company policy on harassment clear to all employees, and if you don’t have one, you need to generate one right now.”
The difficulty comes in distinguishing when flirting crosses the line to become harassment. If an employee is not interested in, or receptive to, an advance from another employee, it should end there. Playing around, banter, etc. are appropriate preludes to dating, but only if the receiving party is comfortable with them. In most cases, mutually-agreeable relationships pose no danger to the company. However, there are instances where they are inappropriate. For instance, The HR Dept suggests, “it is never a good idea for a manager to be romantically involved with a subordinate in their own organisation. Situations such as this should be clearly spelled out in the company policy as inappropriate and subject to corrective action”.
The HR Dept specialises in advising small and medium sized businesses on all employment issues. Here are their 3 top tips for managing love in the office.
• Have a clear policy on what someone should do if they have a relationship at work.
• Treat everyone like adults, not like renegade teenagers.
• Have the tissues ready, should it end like a teenage romantic crush!
The HR Dept says: “While relationships between colleagues are commonplace, it is important for employers to try to restrict activities that are harmful to the business. It is your responsibility to make the company policy on harassment clear to all employees, and if you don’t have one, you need to generate one right now.”
The difficulty comes in distinguishing when flirting crosses the line to become harassment. If an employee is not interested in, or receptive to, an advance from another employee, it should end there. Playing around, banter, etc. are appropriate preludes to dating, but only if the receiving party is comfortable with them. In most cases, mutually-agreeable relationships pose no danger to the company. However, there are instances where they are inappropriate. For instance, The HR Dept suggests, “it is never a good idea for a manager to be romantically involved with a subordinate in their own organisation. Situations such as this should be clearly spelled out in the company policy as inappropriate and subject to corrective action”.
The HR Dept specialises in advising small and medium sized businesses on all employment issues. Here are their 3 top tips for managing love in the office.
• Have a clear policy on what someone should do if they have a relationship at work.
• Treat everyone like adults, not like renegade teenagers.
• Have the tissues ready, should it end like a teenage romantic crush!
Wednesday, 6 January 2010
Business as usual
In consideration of the bad weather we thought we would give anyone a bit of free advice on what is reasonable to do when an employee is unable to make it into work because of snow and bad weather.
Business as usual
All of us will face difficulties getting to and from work from work when either severe weather conditions, accidents close motorways or there are disruptions to public transport through strikes. Whilst the health and safety and wellbeing of all our staff is in the forefront of our minds, we must also ensure that the business runs effectively and are customers are not disadvantaged due to these external problems.
All staff have a contractual obligation to report for work regardless of the situation. You should therefore make every effort to attend work in all circumstances. When severe weather conditions or major disruptions to public transport are forecast in advance, take appropriate advice and allow extra time for your journey or make alternative travel arrangements if possible. Do feel able to discuss any concerns with your Manager in advance. We do expect you to attend work on time. Unacceptable absence or lateness may give rise to disciplinary action
Accepted absence or lateness
Naturally there will be occasions where even the best attempts to attend work will be in vain and in this case you should contact your Manager as soon as possible to discuss the position. If for some reason your Manager is not available do speak to one of the Senior Management team.
For all staff who have genuinely used their best endeavours to attend work but are unable to do so or are late one of the following options may be offered:-
• Make up the time at a later date.
• Take any absence from work as part of your annual leave entitlement.
• Take any absence from work as special unpaid leave (in this case, your pay will reduce accordingly to take account of the hours/days you have not worked).
• Be paid as if you had attended work on the day(s) of absence.
• Work from home or otherwise work remotely.
The Company reserves the right to allow different solutions to reflect an employee’s individual’s circumstances We will take into consideration your distance from home to work, your mode of transport and how viable it is for you to work from home, and on the needs of the Company.
Leaving work early
Where there is a risk to you travelling safely home your manager will decide whether to allow you to leave work early (and to make up the time at a later date if necessary). We will again base its decision on your individual circumstances.
Health and safety
We will always put the health safety and well being of our staff first and will always listen to any concerns that you may have. You also have a duty to take reasonable care of your own health and safety and that of other persons who may be affected by your acts or omissions. This includes taking extra care when travelling to and from work in severe weather conditions and allowing more time for your journey, including making alternative travel arrangements where appropriate.
Business as usual
All of us will face difficulties getting to and from work from work when either severe weather conditions, accidents close motorways or there are disruptions to public transport through strikes. Whilst the health and safety and wellbeing of all our staff is in the forefront of our minds, we must also ensure that the business runs effectively and are customers are not disadvantaged due to these external problems.
All staff have a contractual obligation to report for work regardless of the situation. You should therefore make every effort to attend work in all circumstances. When severe weather conditions or major disruptions to public transport are forecast in advance, take appropriate advice and allow extra time for your journey or make alternative travel arrangements if possible. Do feel able to discuss any concerns with your Manager in advance. We do expect you to attend work on time. Unacceptable absence or lateness may give rise to disciplinary action
Accepted absence or lateness
Naturally there will be occasions where even the best attempts to attend work will be in vain and in this case you should contact your Manager as soon as possible to discuss the position. If for some reason your Manager is not available do speak to one of the Senior Management team.
For all staff who have genuinely used their best endeavours to attend work but are unable to do so or are late one of the following options may be offered:-
• Make up the time at a later date.
• Take any absence from work as part of your annual leave entitlement.
• Take any absence from work as special unpaid leave (in this case, your pay will reduce accordingly to take account of the hours/days you have not worked).
• Be paid as if you had attended work on the day(s) of absence.
• Work from home or otherwise work remotely.
The Company reserves the right to allow different solutions to reflect an employee’s individual’s circumstances We will take into consideration your distance from home to work, your mode of transport and how viable it is for you to work from home, and on the needs of the Company.
Leaving work early
Where there is a risk to you travelling safely home your manager will decide whether to allow you to leave work early (and to make up the time at a later date if necessary). We will again base its decision on your individual circumstances.
Health and safety
We will always put the health safety and well being of our staff first and will always listen to any concerns that you may have. You also have a duty to take reasonable care of your own health and safety and that of other persons who may be affected by your acts or omissions. This includes taking extra care when travelling to and from work in severe weather conditions and allowing more time for your journey, including making alternative travel arrangements where appropriate.
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