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Ian Walford
Member - 33 posts
I'd say no, they should only start to be paid once they have started employment in the 'suitable alternative', as they are not fit to return to their normal duties.
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Ian Walford
Member - 33 posts
another way to fund this would to be a cut in local Councillors expenses, but of course they're too happy on the gravey train!
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Ian Walford
Member - 33 posts
If th employee has travelled in the past this must be in their contract and therefore projects further away from their home will be suitable alternatives. Given the current state of the employment market I wouln't expect the employee to refuse. The only problem being is that if you have projects closer to their home but you aren't offering them then it could be considered constructive dismissal.
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Ian Walford
Member - 33 posts
Unfortunately in many cases the employee doesn't have any choice, and nobody should rely on overtime as it can easily be stopped. Companies who rely on staff working overtime are short sighted.
I find it diffilcult to understand why anybody sees it as acceptable to be working a 50, 60 or even 70 hour week, there has to be a life outside of work, something that isn't possible if you're working 12 hours a day.
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Ian Walford
Member - 33 posts
Check your lease and see what it says about cleaning of common parts. You can also call the local authority Environmental Health department, they can inspect and will write to the Landlord if they consider it an issue, as they will probably be the enforcing agency for the HSE.
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Ian Walford
Member - 33 posts
There's no legal obligation to have a CSCS card, it is far lower in the level of H&S training than IOSH, although some construction companies do ask all their staff to hold one, not just specifice trades who can be trained to hold a specific CSCS Card.
If you have money in budgets to spare, the cost is relatively low, and the test consists of a multiple choice PC exam that can be taken at centres across the UK. I think it costs about £75, but may be more. No study is required if you've already got IOSH. I passed 100% after completeing the exam in less than a minute.
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Ian Walford
Member - 33 posts
Landlords are required to check any part of a building that falls outside of a tenants demise or within their obligations detailed within a lease. For example if you lease a building you're likely to be responsible for all areas including heating lifts etc.
It is never a simple yes/no decision and can become confused with different parts left in or out of agreements.
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Ian Walford
Member - 33 posts
I wouldn't say you were obliged to provide the information, but this isn't classed as personal. It sounds as if your client is merely trying to ascertain whether the company they are employing has suitably trained and qualified staff.
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Ian Walford
Member - 33 posts
I would still seek advice, but be aware that giving 2 months notice of any change may well be considered reasonable.
Given the current economic climate there may be good reasons for your employer reopening. The workforce simply dismissing this and demanding the time off may not be the best way to go. Have you spoken to them to find out the reasons behind the change?
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Ian Walford
Member - 33 posts
You would not be able to access a personal email account even if accessed from a work PC.
If your internet usage policy prevents the use of company property to access anything other sites directly connected with work then you could withdraw access.
Again, it has to be asked why is the member of staff on gardening leave?
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Ian Walford
Member - 33 posts
whilst most contracts etc contain the usual any other duties and reasonable request clauses your employees could argue that the request is unreasonable since the role of engineer and salesman is significantly different.
As managers are targeted on sales, they could even argue that although they are not set sales targets they are put under undue pressure to make sales.
If they are unwilling, is there any way that you could advertise the sale of these products such as details on invoices etc?
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Ian Walford
Member - 33 posts
We're looking at the annual asbestos awareness training for all our employees, but is it acceptable to carry this out in house using information available from the HSE?
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Ian Walford
Member - 33 posts
Nice picture to head up the article, somebody using their mobile phone whilst driving?
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Ian Walford
Member - 33 posts
I have always found the same to be true wherever I've stayed. All the signs and forms filled in but obviously nothing is actually followed up.
I'd be interested to know whether there are still unsealed and damaged asbestos fire insulation panels on the bedroom doors of a Exeter branch of a well known chain of hotels. I left two minutes after I arrived.
Perhaps I'll drop the HSE a line, I never received a response from their management.
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Ian Walford
Member - 33 posts
We employ a number of workers who are mobile throughout a small area carrying out grounds maintenance. Currently they all return to a depot for breaks, and the travel time taken for this can be up to half an hour each way, so we lose a large amount of effective working time.
Their contracts state that breaks 'should be taken when appropriate', so how would we stand in stopping this practice?
A new out of town depot is due to open soon which would further compound the issue if this were to continue.
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Ian Walford
Member - 33 posts
If they are smoking on the premises, then this is breaking the law and could effectively be gross misconduct leading to imediate dismisal.
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Ian Walford
Member - 33 posts
Ian,
Thanks, I've had a look at this and looked further and the Energy Association ceased trading in 2003 only to be replaced by The Energy Networks Association, Association of Electricty Producers and the Energy Retail Association. I'm now attempting to contact all three to see if they can help, or even if this guidance is still current!
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Ian Walford
Member - 33 posts
Sounds like it. The original case says it's discretion in a perverse way, as if the reason for non payment was personal like 'you're not getting a bonus because you like strawberry yoghurt and I don't' rather than 'you're not getting a bonus because the economy is failing, this bank's failing and we're not making any money to pay your bonus'
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Ian Walford
Member - 33 posts
Thanks, I've found other training details, but it seems to be a black art. I can't find any guidance docs to say what it actually requires.
Every time we try to get a street light repaired the message is always the same - it doesn't comply with G39 so you'll have to install a new one at £3k a pop, with no way of knowing if this is correct.
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Ian Walford
Member - 33 posts
Part of my remit is to look after street lighting, but I'm constantly being told that units need to be replaced because they fail to comply with G39 guidance.
I can't find a definitive guide to this anywhere, not even the HSE website. Has anybody any experience of this or can advise of where to find any?
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