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The planned requirement for consequential improvements to dwellings when undertaking extensions and conservatories has been axed. The Government has scrapped plans for what was dubbed a ‘conservatory tax’ which would have required homeowners to make additional (potentially expensive) energy efficiency measures for home improvements, forcing them to pay for extra insulation or sign up to the Government’s “Green Deal”, which provides loans to install energy-saving insulation that must be paid back with interest.

There is little surprise the proposals have been scrapped. For someone replacing their windows which will improve energy efficiency, it is difficult to understand why they would then have to pay to have further energy efficiency measures implemented when the windows would already be improving efficiency. Of course, this means some people would decide not to make these home improvements at all, which would impact the construction industry as well.

Another key point of the consultation is the overall CO² maximum design targets have decreased from what was expected for 2013. The Government’s suggestion for dwellings is now a reduction of the 2010 CO² target by 8%.

Considerations need to be given to the economic impact changes to building regulations have.

What are you selling?

To Whom? With What Message? Through What Media?

Market

“The Customer is KING”. No matter what size your prospect is, it is really important to do your research. The more information you have about your market, your prospect’s business, the better prepared you will be and you will demonstrate an interest in their business. Also look for the best type of customers for your business – don’t sell to everyone. Your customer list is vital for success.

” What makes your offering different? “

• Profile your customers be they existing or lapsed. It is likely that 80% of your income will come from 20% of your customers. Find out who these are and get a database that matches this.
• Your customer list is really important to get right – they are your lifeblood so it is important to nurture and develop this list.
• Ensure you know your own product/service extremely well – especially the advantages and benefits that will be relevant to your prospect.
• What is your USP (Unique Sales Proposition)? Ascertain as far as you can the main or unique perceived benefit that your product or service would give to your prospect – what makes your offering different?
• Why it is that your existing customers buy from you?

Understand what other competitors are able to and likely to offer; and which ones are being considered if any.

Message

Once you understand who you are talking to – and once you have segmented and profiled the database, which could be several different groups – you need to think about what messages will be most relevant.

You need to think how each particular segment will react to your offer. The objective is to get them to buy your new product or service – NEW being the operative word. If something is not new or different; why should anyone want to buy it – providing of course you have ascertained that it is relevant to them.

Any message needs to switch on the emotions in a person. It needs to appeal to their desires and get them to do something.

A.I.D.A – Attention Interest Desire Action

So when targeting one of your selected segments, rather than have a headline which says:

“This “product/service” will give you the edge you have been looking for”

Say instead for example:

“7 important reasons why your competitors will be sorry that you bought “this product/service”.

You can test your message with small campaigns that leverage the internet with different headlines. You can then monitor and measure results using a system so your communication can be working day and night.

It’s time to Break the Mould and be seen to be different. People like to buy the unusual not the ordinary.

Media

All very well to have your market and your message – but how are you going to get it out there?

Traditionally companies blanket the media options using, to name but a few, newspapers, radio, email, leaflets and direct mail and where they can afford it, TV. Not a bad thing to do but the targeting can be too broad.

You need to talk to only a sample of those watching and reading this media so a lot of your budget is being wasted on people who either don’t want your offering or clearly don’t need it. So you need to break down a) where your market is; the Geographics b) who your market is; the Demographics and c) the Psycographics; what your market is interested in – and then choose the media to fit the message more tightly.

Whilst QR codes are popping up almost everywhere, many businesses are looking to capitalise on the success of the 2-D barcode but because little is known about quality QR marketing strategies, some of those businesses are making some huge – and sometimes costly – mistakes.

Because of this, we’ve put together a few step-by-step tips to help you utilise QR Codes to their full potential.

STEP 1. Clarifying Your Objectives

There is no use working on a QR marketing campaign if you don’t know exactly what the Code should do for your customer or exactly why you want to go down the QR marketing route. Many businesses have begun to use this technology simply to show that they are familiar with the latest cutting-edge technology – but then they do not deliver quality content to their consumers. Therefore, you need to understand the purpose behind your QR code marketing campaign before you begin. Consider your consumers’ mind-set: do they want to save money? Save time? Gain exclusive access/content/opportunities?

STEP 2. Make it Purposeful for the Consumer

Firstly, are you intending to do a “one-off” campaign, that is, you will only share one piece of information or message with the consumer – then you only require a static QR Code. If you are looking to share different content at different times during the day/week/month then you need a dynamic QR Code. The choice is simple, go with a Code you can control as you can provide targeted messages at various times which means there is a reason to scan your Code.  

3. Mobile-Friendly Content

Next, if you’ve launched a QR marketing campaign but you have little exciting information for your consumers, or you’re just planning to link them to your generic website, there is little point in you even starting the campaign. Most sites look terrible on a mobile browser and so it’s important that you link to a mobile-optimised website so that when it loads, the consumer doesn’t immediately get exasperated. You also need to make the process of scanning the code potentially exciting enough to get the consumer to scan it – so perhaps offer an exclusive gift if the consumer scans the code, or a money-saving coupon.

4.Branding: include a Call to Action on every message

If you use a dedicated QR Code software then you will be able to place an Action Logo at the top of every message consumers see when they scan the Code. This Action Logo could be your company logo, advert or other Call to Actions. When consumers tap the logo they are taken to a URL of your choice, such as your website or an order form

5. Make Sure Your Code is Right for Your Customer

Since QR codes are still comparatively new for most people, consider adding an explanation where you use one. There is no need to provide a lot of detail, but rather than placing the QR Code on your marketing material and hope they get it, you may want to explain in writing something like “Scan this for information about regular offers/free prize draws/new recipes” etc. So, work out your target market, think about why someone would want to scan and make the code user-friendly.  6. ROI: Track Your Campaign

If you don’t know how many people are scanning your codes, which campaigns or sources are receiving the most unique scans, how long they are spending on the link and where in the world they are, it will be difficult for you to understand exactly how effective your marketing campaign has been. Subscribe to a solid system where you can schedule content in advance but also be able to tag campaigns to compare how well different Codes did in different campaigns but also in different media.

Above all, don’t forget to update the content that your QR Codes links to. Leaving it static could mean lots of wasted advertising opportunities. Be creative with your content and with the Code itself and you and your business could soon be reaping the rewards of QR Code marketing.

Duvet Days… An Urban Myth

Managing short-term sickness absence is tricky and needs to be handled with care, consideration and tact. However, employers are absolutely entitled to raise factual concerns with employees about their poor attendance if the frequency and/or pattern of absences is affecting the employer’s business or its employees.

The Law

Traditionally, employees can self-certify their sickness absence for the first seven days but must provide a doctor’s note thereafter to ensure the absence is authorised and their entitlement to Statutory Sick Pay is preserved. Statutory Sick Pay is payable from the fourth day’s absence: the first three days being unpaid. There is no absolute right for employees to paid time off work to attend medical appointments which should be arranged (wherever possible) to suit the needs of the business (i.e. at the beginning or end of the day).

The Problem

Problems arise when employees are found to be taking a high number of short term (self-certified) absences from work and/or a pattern has arisen as to when those absences fall. More often than not, the employer will not be able to dispute that the employee is genuinely unwell (firm evidence should be obtained before such allegations are made) and so disciplinary action is inappropriate. The trick for employers therefore is to make the employee aware that their attendance is being monitored and/or that a pattern has been identified and that an improvement is required.

The Solution

This should be done by way of an informal meeting with the employee. Show them the dates they have been absent (together with the reasons they have given) over the last 6 – 12 months. Highlight how high their absence is as compared to the business’ average. Explain how you have noticed (for example) how they are usually absent on a Monday or after a home match. Take time to check if there are any problems that the employee wishes to share with you that might explain their high absence. Explain the knock on effect that their absence has to the business and reinforce that turning up to work is a key part of the employment relationship, together with reliability. If appropriate, agree attendance targets for the next quarter (for example – no more than three days self-certified absence in the next three months) and diarise a review meeting.

Always follow this informal meeting up in writing with a summary of what was discussed and agreed. This letter should highlight that an improvement is required otherwise more formal action may be necessary.

The Future

Ultimately written warnings can be given for poor attendance but as being ill is not a disciplinary matter, the process must be handled with care and importantly reasonably. Businesses should feel empowered to deal with such situations proactively and in a way that promotes a positive work place and conscientious work ethic.

The World Wide Web has greatly transformed over the last few years and it has revolutionised the way people do business. Digital marketing has become a force that cannot be denied and revenues from online advertising, particularly mobile ads, have increased considerably. This article will present some of the most interesting digital trends for business advertising in 2012 and beyond.

Magnetic Content

This trend has been present since last year, but it will definitely take the spotlight in 2012 and 2013. Magnetic content is meant to replace traditional methods of advertising online. Its goal is to engage customers beyond traditional advertising and therefore encourage loyalty and increased brand awereness. The purpose of magnetic content is to blur the lines between advertising and content, both online and offline such as using live events, short films, reality games and exciting, worthwhile material that promotes products and services. These various messages can be shared and spread via social networking and directly through consumers’ mobile devices via e.g.QR Codes. Numerous big companies have started using this advertising strategy, including Ford and Macy’s, and they are already starting to see the benefits of magnetic content. Ads may be not be a thing of the past just yet but as marketers increasingly focus on creating valuable and relevant interactive content, which has the ability to draw in customers, traditional advertising could well be treated with less interest as previously.

Video Leads

Online video advertising has been on the rise for some time now, and it will continue to do so in the future. eMarketer estimates that, by 2015, approximately $7.11 billion will be spent on this type of online advertising. For 2012, it is expected that online video advertising will bring marketers the highest revenue, taking into account all types of online marketing. However, video advertising does have its downsides. Most advertising agencies have stated that there are obstacles such as high prices, limited reach, and lack of targeting, which must be overcome. Despite this, the future of video advertising in 2012 looks bright. Amongst the factors that will contribute to the future success of video advertising we can find: pricing models, such as cost-per-view, the use of interactive ads, magnetic content, and personalized videos.

The Era of smartphones

Since the number of smartphones and tablets users has drastically increased over the last years, marketers have started focusing their advertising campaigns on this industry. Consumers have showed more interest in online shopping using their mobile devices and connecting with products via technologies like qrcodes using their phones. Because of this, revenues from mobile payments have been on the rise and it is expected that this trend will continue. One of the most important reasons for the success of mobile advertising is that it enables customers to make purchases from the comfort of their own homes. Mobile ecommerce also offer customers the flexibility to make purchases directly for example by scanning an product page with their device.

These were some of the more interesting digital trends of 2012 and probably for many more years to come. If you are looking for new ways to advertise your company and most crucially engage consumers then you will probably benefit from using any of the techniques presented above.

Amendments, improvements and reforms – these are the main ingredients making up the latest streamlined employment package offered up by the government. The aim? To allow businesses to grow, hire with confidence and be faithfully fair to their employees.

There have been the usual expected changes with regards to statutory payments, but we’ve also seen some rather significant changes, in particular to the law on Unfair Dismissal. Here’s our summary:

Unfair Dismissal

The term ‘Unfair Dismissal’ is a daunting one. No employer wants to be accused of unfairly dismissing someone and no employee wants to feel as though they have been dismissed without real cause. The law on Unfair Dismissal is aimed at regulating employers to ensure some consistency in the workplace whilst protecting employees who have been unfairly dismissed and entitling them to some form of redress. Prior to April 6 2012, an employee who had been dismissed had the right to claim Unfair Dismissal if their length of service was at least for one continuous year. However, for those employees who started work on or after 6 April 2012, the qualifying period to bring a claim for Unfair Dismissal is now going to be two years continuous service.

The changes to the qualifying period for Unfair Dismissal claims are arguably the most talked about and the ones to take note of. This could have an adverse effect on the working practices within businesses of all sizes. Indicators show that this change could lead to an increase in job vacancies allowing employers to hire with confidence as there is no fear of a claim after a year to the Employment Tribunal. Employers should, however, be mindful of the fact that although employees may have lesser rights with regard to Unfair Dismissal, there are other claims they may still make such as discrimination claims – which have no qualifying period (right start to accrue from day one) and are more expensive to defend. Also bear in mind that employees are likely to be concerned that they have little protection and this may affect the attitude of some towards their job…

It goes without saying that it’s vitally important for employers to keep their records up to date, so that they are aware of when employees commenced employment. And remember that any employee(s) employed during the 12 months before 6 April 2012 retain the right to bring a claim once they have achieved 12 months service.

Employment Tribunal Procedure

For an employee that does meet the criteria for bringing a claim for Unfair Dismissal, it is likely that they will now only be faced with one judge as opposed to a judge and two lay members. The lay members would often have been one member from an employers’ background and one member from an employees’ background. To some extent the removal of this may seem unfair in itself. How can a judge take on all three points of view? Luckily this won’t always be the case. Where the tribunal recognises that a case is complicated, the judge may make an order for some assistance from lay members. The benefit of this approach is that listing hearings becomes easier to schedule, as there will be fewer dates to avoid to satisfy all attendees. It is hoped that cases will consequently be dealt with far more quickly; we all know that employment related cases can be sensitive and dealing with them quickly can only be a good thing. In a bid to further cut down the amount of claims being made and to save more time, in instances where the tribunal feels a claim has little prospect of success, the tribunal will order a party to pay a Deposit Order if they wish to continue the proceedings. Naturally this will lead to many claims being withdrawn, allowing other stronger cases to be heard. The amount payable under the Deposit Order has increased from £500 to £1000. The purpose of the Deposit Order is to discourage parties from ‘wasting’ the tribunal’s time, as many claims are brought as a matter of principle. This change is aimed at only allowing viable claims to proceed.

The tribunal now also has the power to award the costs of a legally represented party, up to a maximum of £20,000; it was previously £10,000. This will avoid the need to refer the case to County Court for a summary assessment. It should, however, be noted that it is very difficult to persuade a tribunal judge to award costs, it is only in exceptional circumstances that a judge would consider it. It will be interesting to see just how many cases have £20,000 costs awarded to the winning party, if any at all!

A point which will be of interest to anyone involved in the employment tribunal proceedings, is that there will no longer be any need to worry about getting stage fright when asked to read out your statement. Witnesses will have their witness statements accepted ‘as read’ – they simply have to acknowledge that it’s their statement. This is actually a common practice in many tribunals already and is another time-saving exercise. Cross-examination will take place as normal, where appropriate.

Witness expenses were previously funded by a state fund. The state has now withdrawn this fund and the tribunal may direct the parties to pay the costs borne by any witnesses. So be prepared for additional costs for any witnesses you may wish to call.

Statutory Payments – new rates

Statutory payments are often reviewed – and here are the latest figures:

• statutory pay for maternity, paternity and adoption increased to £135.45 from £128.73; • statutory sick pay increased to £85.85 from £81.60 • the weekly earning threshold increased to £107.00 from £102.00

As you can see, there are several layers that make up the ‘new and improved’ system. As a whole these seem like positive progress towards an efficient system for managing claims. There are still many ongoing discussions regarding further changes due to be implemented – among them, tribunal claims for bringing a claim, financial penalties for employers who lose, auto-enrolment into a workplace pension scheme, requirements for reporting to ACAS, changes to leave rights for family reasons and holidays and changes to minimum wages. As always, we’ll be pleased to update you as new legislation is introduced.

Unfortunately, disputescan be part of business life. But there are steps you can take to avoid them – or indeed toresolve them with minimal expense and effort, when and ifthey occur:

10. Terms and Conditions

If you intend for the transaction to occur on your standard terms and conditions, ensure that these are effectively incorporated into the contract. Where you are dealing with another business make sure that they do not think that their standard terms will be used.

9. Customers’ legal status

Where possible, establish the legal status of your customer. Are you dealing with an individual, a partnership or a company with limited liability? If your customer has limited liability then this may cause you problems later on, particularly if they do not pay. If you are dealing with a company on a substantial transaction, find out the history of the company eg obtain references, perform a Companies House check.

8. Guarantees

If you are dealing with a limited liability company about which you cannot find sufficient information – or you are unhappy with what you find, but still want to trade – then seek personal guarantees from the Directors. This will enable you to pursue a Director and their assets personally, should the company default.

7. Payment terms

Where possible structure your payment terms to provide you with maximum protection. Request some payment up front where you need to purchase materials. If the transaction is likely to be a long one, introduce staged payments. If you are purchasing a service or product, then seek to include a retention amount which you can hold back until work is completed or goods are delivered.

6. Preserve evidence

If things do go wrong make sure that you retain the evidence you will need to rely on. If agreements are made prior to the transaction by email or letter, then keep copies. If you agree something on the phone then make a note at the time and keep a copy of this. If the contract is unclear, then evidence as to what the parties agreed can be key.

5. Evaluate the economics

Where another party has defaulted, evaluate the economic cost of pursuing that breach. Sometimes it is entirely right to purse a breach and if necessary engage in litigation, but on other occasions it may not be economic. If you are unsure then seek advice at an early stage as to the likely costs of pursuing an action.

4. Insurance

Where possible, ensure that you have adequate insurance in place to cover your business in the event of another party defaulting. Also, investigate whether your insurance provides you with any funding to pursue legal action.

3. Settlement

If a dispute does arise then it is generally far more cost effective to reach an early settlement. Sometimes lawyers can assist with this by providing advice on the respective positions and an independent position.

2. Mediation

Explore the possibility of using mediation to resolve a dispute. Invariably appointing an independent mediator can assist parties in resolving their disputes – or can certainly focus minds on the advantages or disadvantages of pursuing a dispute.

1. Read your contracts

Read through and make sure that you understand the contract you are entering into. A contract should be clearly worded so that each party knows what is expected of them. If you are at all unsure then seek advice. Ensuring that the contract does what you intend can save a multitude of problems later on.

Legionnaire’s Disease; The Top 10 Things You Need to Know The outbreak of Legionnaire’s Disease in Edinburgh has caught media headlines; one fatality, 88 in hospital (14 in Intensive Care), three Improvement Notices from HSE. It’s been 10 years since something similar has happened (Barrow-in-Furness; 180 cases, 7 fatalities, one manslaughter conviction). As it can be a work-related health and safety hazard, we thought it about time to dust off the key facts for you.

1. What is it? The illness is caused by a bacterium, Legionella pneumophila, which is very common in the environment.

2. How Do I Catch It? The germ likes water systems. Once inside these systems, in the right conditions, it will multiply. The contaminated water then needs to be sprayed into a mist, vapour or aerosol. The victim breathes in the contaminated aerosol, introducing the germ to the nice, warm, moist lungs. It then causes illness.

3. How Bad Is It? As it’s in the lungs, it causes a form of pneumonia. At one end of the scale, it can be a mild respiratory illness (normally called Pontiac Fever), up to fatal. Fatality rate varies, maximum 30% in extreme cases

4. How Bad Is It (2)? As always there are more vulnerable groups; infants, the elderly, people already ill, and (interestingly but not surprisingly) smokers.

5. Which organisations need to take heed? “At risk” water systems are (no surprise) those that produce water vapour or mist. Examples we’ve looked at include;

• Showers are the most common we come across; hotels, sports clubs, etc but don’t forget emergency showers.
• Spa baths. Those in swimming pools tend to be well managed, but in hotels things like “Jacuzzi” baths a can be overlooked (think of all that dirty water sitting in the bottom of the pump systems….)
• Fire sprinkler and wet riser systems
• Lathe and machine tools, where a cooling liquid is jetted onto work-pieces or cutting blades
• Horticultural misting systems
• Car washes
• Indoor fountains/water features
• Large air conditioning or industrial cooling systems (such as the three in Edinburgh that have so far been served with Improvement Notices). These are larger systems that include an “evaporative condenser” like power station cooling towers. These are actually notifiable to the HSE or Local Council, as they give off large clouds of water vapour from systems that can readily be colonised by the bacterium.

6. What Do I Need To Do If I Have An “At Risk” System Under My Control? A risk assessment (no surprise there), and, if controls need to be put into place, then these need to be part of a management system. These both need to be recorded if you have 5 or more employees (management arrangements usually in your Safety Policy).

7. What goes into a risk assessment? a. How likely is the contamination of the system? Have a guess from the picture below…) b. How likely is it that the bacteria will multiply to dangerous levels? This in turn includes looking at water temperatures (highly important; the bacteria prefer water at 20-45OC), flow rates (stagnant water or little used outlets), shelter for the bacteria (scale, rust, poor materials used in plumbing, etc) and food for the bacteria (things like slime inside water tanks) c. Likelihood of a mist/vapour being formed (a certainty with all of the systems mentioned above) d. Likelihood on someone breathing the vapour, and if any of those people are more vulnerable. How many people, how often, distance from the source of vapour, etc. What do you mean by “management arrangements”? There are some specifics in HSE Codes of Practice, including; nominating someone to take responsibility for putting control measures into place having a schematic (diagram) of the water system the water system’s operating settings, etc (a “Normal Operating Procedure”). This might include thermostat settings, for example. Staff awareness training, especially for anyone managing the water systems, but could also include cleaners. Precautions might include things like how to make sure little used water outlets are managed (e.g. hotel showers that haven’t been used over winter). These arrangements will also include monitoring, as one of the most important control measures is temperature control. Who is going to measure water temperatures, where, how often and how? Where and how should this be recorded? What should they do if water is found to be between 20 and 45OC?

8. Are there any local examples of Legionnaire’s Disease? In my former life as a H&S inspector I investigated one fatal outbreak in King’s Lynn. As a consultant, one tourism client was implicated in a fatality (as the victim had stayed with them), but having a decent risk assessment (plus clearly implemented improvements) and management plan eliminated this business from the investigation. The business could show that the water system had been properly assessed, and that controls/monitoring were in place (through documented procedures) and robust.

9. What Should I Do Now? Decide if you have an “at risk” water system. Make sure you have a decent risk assessment that looks at the factors in 7 above. If you have an assessment, has it been reviewed regularly (e.g. have water systems been changed)? Does your safety policy include the necessary management arrangements?

10. Some examples of how not to do it….

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