Fitness To Operate Construction Plant

brendanmullanConstruction & Property Management

There are rules that govern the medical standards people must be able to meet in order to be permitted to drive motor vehicles on the road. Guidance on these is produced by the Driver and Vehicle Licensing Agency (DVLA) and can be found at https://www.gov.uk/government/publications/assessing-fitness-to-drive-a-guide-for-medical-professionals The rules set out different standards for drivers of different type of vehicle, Group 1 … Read More

Cranes And Trains: New Guidance Issued

brendanmullanConstruction & Property Management

Crane and Train

In association with Network Rail the Construction Plant Association (CPA) has launched a new Good Practice Guide covering Requirements for Mobile Cranes Alongside Railways Controlled by Network Rail. The guide covers all types of mobile lifting equipment including wheeled mobile cranes, lorry loader cranes, telehandlers and excavators used for lifting suspended loads that are not rail mounted. The consequences of … Read More

Carbon Steel Safety Alert

brendanmullanAgriculture, Automotive, Construction & Property Management, Education, Haulage & Distribution, Health & Social Care, Hospitality & Leisure, Manufacturing & Engineering, Retail & Commercial & Offices

Following investigations into an incident in the USE in 2010 where the shell of a heat exchanger ruptured catastrophically, killing seven workers, the HSE have issued a safety alert aimed at the chemical processing and production and general manufacturing sectors. The safety alert concerns the use of carbon steel in applications involving hydrogen (as either a gas or a liquid, … Read More

Building A Safer Future

brendanmullanConstruction & Property Management

Fire Safety

Following the Grenfell Tower fire the government launched an independent review of building regulations and fire safety. The final report of this review was published in May 2018, this made 53 recommendations to establish a new regulatory framework and achieve a culture change to create and maintain safe buildings. The Government recently published “Building a Safer Future” which sets out … Read More

Liability For Undisclosed Disabilities?

brendanmullanAgriculture, Automotive, Construction & Property Management, Education, Haulage & Distribution, Health & Social Care, Hospitality & Leisure, Manufacturing & Engineering, Religious Organisations & Charities, Retail & Commercial & Offices

If an employee fails to disclose their disability to you, can they later claim that they’ve been directly discriminated against? Mr Mutombo-Mpania (M) applied for a job with Angard (A), a firm which provides casual workers to Royal Mail Group (RMG). M stated that he was not disabled on his application form and didn’t disclose any disability on his health … Read More

EU Employee Status Post Brexit

brendanmullanAgriculture, Automotive, Construction & Property Management, Education, Haulage & Distribution, Health & Social Care, Hospitality & Leisure, Manufacturing & Engineering, Religious Organisations & Charities, Retail & Commercial & Offices

For months there has been uncertainty over the employment status of EU citizens in the UK in the immediate aftermath of Brexit. The Government has now given some guidance on this issue. At the beginning of November 2018, after months of speculation, the Government confirmed its future plans in relations to the employment status of EU nationals following Brexit. This … Read More

Disciplinary Procedure and Witness Statements

brendanmullanAgriculture, Automotive, Construction & Property Management, Education, Haulage & Distribution, Health & Social Care, Hospitality & Leisure, Manufacturing & Engineering, Religious Organisations & Charities, Retail & Commercial & Offices

An employee has been accused of serious misconduct. You’ve taken witness statements from several colleagues who say that they “didn’t see anything” should you disclose them to the accused? When an employee is accused of wrongdoing, your starting point is to conduct a full and reasonable investigation, including obtaining written statements from all possible witnesses to the employees’ action. They … Read More

New duty to publish family friendly policies

brendanmullanAgriculture, Automotive, Construction & Property Management, Education, Haulage & Distribution, Health & Social Care, Hospitality & Leisure, Manufacturing & Engineering, Religious Organisations & Charities, Retail & Commercial & Offices

In October 2018 it was reported that the government is considering forcing employers to publish their parental leave and pay policies. How likely is this to happen and will you be affected? Transparent policy The Department for Business, Energy and Industrial Strategy (BEIS) has confirmed that it’s considering whether there should be a legal duty imposed on employers to openly … Read More

What the current National Living Wage is, what it means, and how it is going to change

brendanmullanAgriculture, Automotive, Construction & Property Management, Education, Haulage & Distribution, Health & Social Care, Hospitality & Leisure, Manufacturing & Engineering, Religious Organisations & Charities, Retail & Commercial & Offices

What is it? First thing’s first, let’s clear up the confusion regarding the difference between the National Minimum Wage, National Living Wage and the ‘real living wage’. The terms are often used interchangeably, but there is a small difference. The National minimum wage is the smallest amount employers legally have to pay to employees over compulsory school age but under … Read More

Warning over 60 days sickness was discriminatory

brendanmullanAgriculture, Automotive, Construction & Property Management, Education, Haulage & Distribution, Health & Social Care, Hospitality & Leisure, Manufacturing & Engineering, Religious Organisations & Charities, Retail & Commercial & Offices

The employment appeal Tribunal has held that a disabled employee who received a warning for taking 60 days sickness absence suffered unlawful discrimination. Why? Background facts Mrs O Connor (O) commenced work with DL Insurance services (DL) in June 2005.  O had a customer support role which involved her speaking to customers on the phone. According to the case reports, … Read More