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Justin Bentley
Member - 26 posts
Technically you are both correct. "Pro rata" means basically reduced in proportion, this could be a reduction in weekly working hours by working less days per week, or the same number of days but less hours per day.
What you need to look at is to make sure that everybody's holiday entitlement allows them the same length of time off.
John - In your example above, the employee working 22.5 hours per, you are correct that they would still get 25 days holiday, and that the daily rate of holiday pay is 4.5 hours pay. In this case the daily rate of holiday pay is "pro rata" when compared to the daily rate of holiday pay for a full time employee.
I hope this helps.
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Justin Bentley
Member - 26 posts
It depends on whether the night shift workers also work a 40 hour week on average (such as working four 10 hour shifts per week).
If they work 40 hours per week, then yes you are correct. The change to cover bank holidays is that every worker will get 5.6 weeks holiday (4.8 weeks as the interim step). Note it is set in weeks, not days or shifts. This method does create some people who benefit more than others, but it is the way that the legislation has been written.
If your night shifts work more than 40 hours per week, then you would need to increase their allowance proportionally.
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Justin Bentley
Member - 26 posts
Hi Carla,
You would be allowed to access any information held on the hard disk of the company laptop, i.e. the temporary internet files, but you could not use a stored password to access information stored elsewhere, e.g. hotmail servers.
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Justin Bentley
Member - 26 posts
Hi Hugh,
If you don't plan to charge (just cause inconvenience), your staff can do this - though it is worth considering whether they are happy with the possible confrontations.
If you wish to charge, then either members of staff and management would need to be licensed, or you would need to use a sub-contractor with licensed staff (though chances are your staff will still get the brunt of the aggression).
I agree with James' final comment about some method of prevention to stop the culprits entering the car park in the first place, which would save a lot of grief in the long run.
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Justin Bentley
Member - 26 posts
Hi Carla,
Irrespective of whether or not you have a clause in your contract with the employee prohibiting them from working for a third party whilst on garden leave, you are asking about breaking in to somebody's private correspondence 'just because you can'. If the employee had accidentally left behind a spare house key, would you sneak in to their house and read the post?
Unless the employee wrote the hotmail correspondence whilst at work, and this was monitored via your server and you had a solid internet use policy, then you can't do anything.
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Justin Bentley
Member - 26 posts
There are two levels of check used if working with children or vulnerable adults - "standard" or "enhanced". It depends on the level of contact as to what is appropriate. Whilst from your description, it doesn't appear that there is much contact at all, I would go back to the clients and ask whether they consider you to need the higher level of CRB check.
If you as the employer arrange the CRB checks, then portability isn't an issue, as the employee is working for the company that requested the checks at all times. If you asked your clients to do the CRB checks, then EACH client would have to check EACH employee, as the CRB check would not transfer between clients.
You can get more advice from companies such as staffvetting.com
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Justin Bentley
Member - 26 posts
Can I ask what the problem is with the person working for another company whilst on garden leave? Why were they on garden leave?
Do they have a contract which prohibits them from having a second job?
I could understand there being a problem if they were at one place of employment, being paid by that employer to perform a task, but was actually performing a different task for another company and being paid by them, but if they are on garden leave, then you are saying that you have no employment for them.
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Justin Bentley
Member - 26 posts
Hi Ronald,
It can be done either way, but general security practice is to ask the individual to empty the bag, as it avoids any accusations of planting evidence, breaking items, etc.
The alternative of the searcher going through the items is best left to police officers and customs officials!
Justin Bentley
CEO
International Professional Security Association
www.ipsa.org.uk
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Justin Bentley
Member - 26 posts
The SIA guidance says that if the offence is over 5 years ago they will take the following into account in order to make a decision:
- Record of offences - was it a one off or is there a pattern of offences
- any other offences of a less serious nature within the most recent five years
- type of sentence issued for the most recent offence
If this was a one-off offence ten years ago, it is likely (but not guaranteed) that a licence would be granted. I would suggest contacting the SIA with the exact details (date, length of community service order) plus details of any other offences, either before or after that date, to get a definitive answer.
Justin Bentley, Chief Exec, IPSA (membership body for individuals and companies involved in security)
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Justin Bentley
Member - 26 posts
Hi Julie,
Contact your stationary supplier and ask about cable tidys. Fellowes make one called a cable zip, which is available from most stationary suppliers. I am sure there are also other equivalent products as well.
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Justin Bentley
Member - 26 posts
Andrew, thanks for your reply. I acknowledge that the USA is possibly a confusing example, however it was the one factual example I could use from my knowledge.
My question remains, do those EU countries which have a larger number of bank holidays than the UK, also receive a minimum of four weeks paid leave in addition to the numerous bank holidays?
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Justin Bentley
Member - 26 posts
I frequently see comments about how we have fewer bank holidays than other countries, but I wonder how much paid leave they get otherwise. I know a lot of Americans get far less than the four weeks plus that we enjoy.
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Justin Bentley
Member - 26 posts
About time too. Half the electrical equipment I own has no need to be on standby, but that is the only option on the device. Often the mains socket is inaccessible behind furniture, so switching off at the socket is inpractical.
I have no need for a little red light to tell me something is "in standby mode" and often wish for days gone by when an off switch actually switched the device off.
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Justin Bentley
Member - 26 posts
Thanks for your help Claire.
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Justin Bentley
Member - 26 posts
How much do they actually charge for the licenses? As I am the only person in my office, I believe I am exempt, but if a second person shared the office, how much would I have to pay to keep listening to the radio?
None of the recent news articles actually discussed the level of fees, only the fines, but I am sure that there are plenty of businesses who would accept reasonable fees, but are frightened of being hit with a massive bill.
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Justin Bentley
Member - 26 posts
Can anybody explain what is meant by "maximum working week of 60 hours unless social partners agree otherwise"?
Whilst I don't personally employ anybody for this length of time, I frequently advise security companies, where quite a few do use the opt-out to the limit.
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Justin Bentley
Member - 26 posts
Gary, the simple answer is you are in the clear.
Whilst an employer can be fined for employing unlicensed staff, there is no comeback on employees if their employer is breaking the law. The only question is the moral issue of whether you would want to work for somebody who is breaking the law?
Tony - with respect to your advice, you appear to have got your facts the wrong way round. Any person managing licensed staff (right up to company directors) must hold a licence. If they are not actually performing duties themselves, e.g. office role, they do not require to do the training course and need only apply for a "non-front line licence". This still requires them to prove identity and go through the criminal records check.
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Justin Bentley
Member - 26 posts
Recent legislation changes say that all workers are currently entitled to 4.8 weeks holiday (equating to 24 days for a person working 5 days per week) increasing to 5.6 weeks (28 days) on 1 April 2009.
This means that somebody working two days per week is entitled to 9.6 days holiday per year irrespective of whether their normal working day is a bank holiday.
The irony is that as the majority of bank holidays fall on a Monday, this puts part time workers who normally work on a Monday at a disadvantage, as the business needs of being closed on bank holidays dictates when they use their holidays.
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Justin Bentley
Member - 26 posts
SSR Personnel Services Ltd produce a survey, though I can't find a copy on their website. If you e-mail them at info@ssr-personnel.com I am sure they will e-mail you a copy.
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Justin Bentley
Member - 26 posts
There are plans for the SIA to improve their website so that you can complete a form online, but they haven't got this in place yet.
If you go to http://www.the-sia.org.uk/home/licensing/security_guarding/wizard/request.htm you can request an application form.
I have heard other cases of requests for application forms being ignored so it isn't just you!
Justin Bentley
Association Secretary
International Professional Security Association
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