Getting ex – Offenders Back to Work

Crimes committed by staff against their employer are rapidly growing. The number of organisations reporting employee fraud leapt by more than 30 per cent in 2005 at a cost to UK business of almost £1bn, according to accountancy firm BDO Stoy Hayward. The TUC argues in its report Employment and ex-offenders that workers with a spent conviction are often more loyal and committed to the organisation than their colleagues; but given that employee crime is so expensive for business, what steps should firms take to minimise the risk of re-offending from employees with a history of such misconduct against the employer?

Risk assessment

As the business risk of employing an ex-offender depends on how the conviction may affect the operational needs of the organisation, the company must conduct a risk assessment based upon its own requirements and how likely it feels are the candidate's chances of re-offending.

Training consultant Paul Abbott argues that a conviction does not necessarily mean the individual cannot become a model employee, but given that there are others "who cannot resist when temptation is put in their way [who] despite protestations to the contrary, will steal again if the situation arose" the employer must decide this at interview: "If you don't trust the prospective employee in the first place don't take them on. A working relationship must be one where trust can be given."

This article is by HRzone and can be read in full by clicking here

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Gangmaster law could force cowboys to move into different sectors says TUC

From 1st October it will be illegal to supply businesses such as farms, orchards, shell-fish pickers, and meat and food factories with labour without a licence from the Gangmaster Licencing Authority. And from the end of the year, any company taking on workers from an unlicensed gangmaster could be prosecuted.

Although welcoming the new duties on Gangmasters, the TUC is concerned that licensing in the farming and food sectors could simply force unscrupulous labour suppliers to move into sectors such as cleaning, construction and hospitality where there are currently no such restrictions.

TUC General Secretary Brendan Barber said: 'Until the Morecambe Bay tragedy, Gangmasters were pretty much a law unto themselves, with the worst operators having a free rein to exploit some of the UK's most vulnerable workers. Licensing of all labour suppliers in farming and food processing should make a real difference and improve the treatment of workers in the sector.

'But our fear is that the cowboys will simply set up shop in other parts of the economy and start supplying workers at cut price rates to the cleaning and hospitality industries. A comprehensive licensing scheme covering all employment agencies is now a must. This would improve working conditions for thousands of vulnerable workers and make it harder for rogue operators to undercut decent employment agencies.'

Source TUC October 2006

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Alcohol at work - Does it really matter?

A drunk employee that slurs, brawls and falls off their chair is an obvious business liability, but is the odd drink at lunch really as serious as recent reports suggest? The Health and Safety Executive (HSE) estimates between eight and 14 million working days are lost each year as a result of alcohol impaired performance, but how much harm do a few lunchtime pints really do? Sarah Fletcher of HR Zone asked members for their views.

As the workforce is crucial to an organisation's operational success, alcohol can cause major problems for business. Given it impairs performance, relationships and worsens rates of absenteeism - between 20 and 25 per cent of workplace accidents are related to alcohol and two million Britons took a day off work during the past six months to recover from a hangover – it's surprising that only 21 per cent of employers have a strict policy in place to combat alcohol misuse by staff. Employers should have a firm stance on alcohol use during work hours and be clear on what happens if these rules are broken.

Managing alcohol policies

Although a small quantity of alcohol is unlikely to cause major operational problems, many employers express concern that all staff can be trusted to only drink moderately. As consultant Sue Beatt comments, it is difficult to identify just how much is too much - at what point does lunchtime drinking become a significant business liability?

The problems associated with monitoring and controlling employee alcohol use has led many companies to introduce a zero tolerance policy: "Unfortunately there are always [staff] who will abuse the privilege, so a policy of no alcohol during working hours takes away the problem," she says.

Introducing and running an alcohol policy must be handled delicately to protect the employer's relationship with staff – if workers feel they are being monitored even during breaks, morale and productivity can suffer, says consultant Mike Morrison. Training consultant Nik Kellingley warns HR to think carefully about introducing alcohol testing:

Source HRZone September 2006

This article can be read in full by clicking here

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Encore Offers Weblink Interviews to Europe

Encore Personnel are now able to bridge the gap between the UK’s skills shortages and the availability of overseas workers with a division dedicated to the recruitment of European Nationals particularly from the recent accession states.

In July Encore sent a delegation to Rzeszow, in Poland, a city with an industrial tradition going back to pre-war days and is an ideal place for firms looking to recruit engineers and skilled/semi-skilled manufacturing and production workers. Today Rzeszów is the centre of Poland’s aerospace industry, home to 21 of Poland’s 55 aerospace sector companies and our association with the British Polish Chamber of Commerce and the City Council ensures that we are best placed to find the quantity and quality of people you need.

Since then we have recruited a team of Overseas Recruitment Co-Ordinators to resource labour and care for the social aspects of working in the UK by assisting in housing and transport needs of newly arrived workers.

We also attend all the major Job Fairs abroad and in the UK assisting many clients to source the skills they need for new projects or busy order periods. Once a client makes us aware of the skill sets our representatives will be interviewing suitable candidates with a view to discussing specific positions for companies here in the UK. We are then able to offer a short list of suitable candidates who can be interviewed by our clients over a dedicated Weblink enabling you to select the people with the most relevant skills and attributes to your business before they even arrive in the UK. All initial interviews and Weblink interviews are offered completely free of charge. For further information please contact a local Encore Office.

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New Employment Regulations Cost UK Business £37bn

New employment laws have cost firms £37bn since 1998, the CBI has revealed in a new report that calls on the Government to get smarter in the way it regulates workplaces.

Firms have little faith in the Government’s commitment to tackle the number and complexity of these regulations, according to the report. Only two per cent of employers were confident the Government would deliver on its promises of simplification and deregulation.

The figures were published on the first working day that major new employment laws came into force, including far-reaching rules on age discrimination and extensions to maternity leave and pay (see last week's HR Briefing for further information).

The cumulative impact of 35 new employment rights over the last nine years, and the administrative burdens they have created, is revealed in the CBI publication ‘Lightening the load: The need for employment law simplification’. Their total cost is based on the Government's own 'Regulatory Impact Assessments'.

Three-quarters of employers told the CBI that time spent administering and complying with new rights was damaging their business. Half say that labour costs have increased, two-fifths think workplace regulations have harmed the UK’s reputation as a place to do business and a third say they have had an adverse impact on their ability to compete.

In reality companies are far more likely to be at risk because people make well-intentioned but ultimately poor decisions. In smaller companies where decent information may be absent, decisions are often made on “gut-feel”. It’s easy to “achieve” a cost budget whilst revenues fall short. It’s very easy to concentrate on more exciting things like winning new work or acquisitions than to keep tabs on the nitty gritty of the business. (CBI Press release, 2 October 2006)

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Unions Call For Greater Rights for Agency Workers

The country's largest unions have called on the Government to grant agency workers the same employment rights as those enjoyed by permanent staff.

A motion tabled before the Labour Party Conference calling for enhanced rights in the workplace for agency and temporary workers was carried after being supported by the four largest unions: Amicus, T&G, GMB and Unison. This was despite the party's national executive's attempts to urge the unions to drop the motion.

The unions' position stands in stark contrast to the view adopted by the CBI, which earlier this month warned the Government to resist calls for new employment laws that would harm UK competitiveness and turn the clock back on improved workplace relations (see our HR Briefing dated 18 September 2006).

The CBI deputy director-general, John Cridland, urged the Government to reject a European Union draft directive which would give equal pay and conditions to agency workers as their permanent counterparts after only six weeks in employment.

It is thought that the Government will follow the attitude of the CBI and oppose demands to strengthen the employment rights of agency workers, despite the conference vote.

Financial Times, 26 September 2006

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Keep on top of new work and family legislation

New online tool helps small business manage paternity and adoption rights.

businesslink.gov.uk has launched a free online tool to help businesses comply with the family-friendly changes, which are being introduced in October. The new legislation applies to parents of babies due to be born or placed for adoption on or after 1st April 2007 and means that maternity and adoption pay and leave will be extended.

The interactive tool helps managers establish their employees’ entitlement to paternity and adoption pay and leave, as well as flexible working. Employers receive a tailored report highlighting their responsibilities and a best practice approach to ensuring guidelines are adhered to, benefiting both the business and its people.

Says Jonathan Hollow, businesslink.gov.uk’s Portal Editor: “Employers often see legislation changes as disruptive and expensive. Small businesses in particular feel vulnerable to the impact of having a member of staff on leave. We want businesses to use the tool as a starting point to help managers ensure the right measures and procedures are being followed, allowing employees to benefit from a more family-friendly workplace.”

Other main changes coming into effect in April include:

The extension of the right to request flexible working to carers

Changes to benefit employers including longer notice if an employee changes their mind about when they’re returning coming back from maternity or adoption leave.

To find out more about the tool please visit: www.businesslink.gov.uk/paternityandadoption.

Telegraph October 2006

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Acas offer advice to employers on harassment at work

Everyone should be treated with dignity and respect at work. Bullying and harassment of any kind are in no-one's interest and should not be tolerated in the workplace. This leaflet is designed to offer practical advice to employers to help them prevent bullying and harassment and to deal with any cases that occur. It includes guidelines for the development of policies and procedures.

What are bullying and harassment?

Examples and definitions of what may be considered bullying and harassment are provided below for guidance. For practical purposes those making a complaint usually define what they mean by bullying or harassment - something has happened to them that is unwelcome, unwarranted and causes a detrimental effect. If employees1 complain they are being bullied or harassed, then they have a grievance which must be dealt with regardless of whether or not their complaint accords with a standard definition.

How can bullying and harassment be recognised?

There are many definitions of bullying and harassment. Bullying may be characterised as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient.

Harassment, in general terms, is unwanted conduct affecting the dignity of men and women in the workplace. It may be related to age, sex, race, disability, religion, nationality or any personal characteristic of the individual, and may be persistent or an isolated incident. The key is that the actions or comments are viewed as demeaning and unacceptable to the recipient.

Behaviour that is considered bullying by one person may be considered firm management by another. Most people will agree on extreme cases of bullying and harassment but it is sometimes the 'grey' areas that cause most problems. It is good practice for employers to give examples of what is unacceptable behaviour in their organisation and this may include:

• spreading malicious rumours, or insulting someone (particularly on the grounds of age, race, sex, disability, sexual orientation and religion or belief)
• copying memos that are critical about someone to others who do not need to know
• ridiculing or demeaning someone - picking on them or setting them up to fail
• exclusion or victimisation
• unfair treatment
• overbearing supervision or other misuse of power or position
• unwelcome sexual advances - touching, standing too close, display of offensive materials
• making threats or comments about job security without foundation
• deliberately undermining a competent worker by overloading and constant criticism
• preventing individuals progressing by intentionally blocking promotion or training opportunities.

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Issue 30 – October 2006

Welcome to the October issue of Encore enews.

Even by the standards of employment law, 2006 was a massive year of change. Age discrimination became law in the Autumn and Tupe transformed in the Spring.

And that’s just what the Government planned to happen. But the recent £800,000 award for bullying shows that the courts continue to drive the agenda.

Therefore a timely offering is to be welcomed from ACAS who have produced a set of tools and advice documents to assist employers and is referred to in this months Encore Enews.

Greg Latham

Managing Director