Bigfork were appointed by Norwich based, electrical contractors Phase 3 to improve their online presence and design an effective new website. As a fast growing company they needed a website that was appealing and focused on the company’s key benefits and services. You can see the full story here.
Bigfork – we make websites stand out
01603 513080
As part of the Government’s ongoing programme of employment law reform, the recently enacted Enterprise and Regulatory Reform Act 2013 introduces a range of measures aimed at encouraging the early settlement of workplace disputes without recourse to an employment tribunal. One of the provisions under the Act, in force from 29 July 2013, is that evidence of settlement offers made by employers to an employee pre-termination will be inadmissible in a subsequent claim for unfair dismissal.
This new provision is intended to circumvent the existing rules for “without prejudice” conversations, evidence of which are inadmissible in subsequent proceedings only if there is a pre-existing dispute with the employee. The existence of such a dispute can be difficult to prove, and the risk of making an offer of settlement where no dispute exists is that the employee may resign and bring a claim for constructive unfair dismissal, using evidence of the discussion in support of their claim.
Pre-termination negotiations
Under the new rules, employers will be able to put forward suggestions for the early termination of employment without any existing dispute with the employee, avoiding the need to follow a full procedure (such as a capability or disciplinary procedure), unless settlement terms cannot be agreed. Such discussions will not generally be admissible as evidence in an ordinary claim for unfair dismissal.
However, this exclusion does not apply in claims of unfair dismissal if the reason is one of the automatically unfair reasons (such as trade union membership or activities, related to health and safety or pregnancy and maternity). The exclusion will also not apply to claims of discrimination, meaning that evidence of such discussions will be admissible in such claims.
Settlement offers can be made either in writing or verbally and employees must be given a reasonable time to respond (Acas suggests a minimum period of 10 days). The agreed terms must then be recorded in a “settlement agreement” (the new term for compromise agreements). If the employer acts in a discriminatory or “improper” way when making an offer of settlement, evidence of the offer will become admissible in tribunal proceedings.
Code of Practice
Acas has issued a new statutory Code of Practice on Settlement Agreements, which provides a brief explanation of the new law relating to settlement agreements, some basic guidance on reaching a settlement agreement and guidance on what would amount to “improper behaviour” on the part of the employer, resulting in evidence of the negotiations becoming admissible in evidence.
To accompany the Code, there will also be non-statutory guidance, which is due to be published by Acas at the end of July. The non-statutory guidance will include factors for both employers and employees to consider when negotiating a financial settlement, as well as template letters and a model settlement agreement.
Practical risks
Whilst these new rules may go some way to assist employers in holding difficult conversations with employees, removing the need in appropriate cases to follow, for example, a lengthy and time consuming performance-management process, there will be risks in attempting such a conversation in any situation where an allegation of discrimination may arise. For example, if an individual’s poor performance is related to a disability, the individual may seek to use evidence of the conversation in a subsequent claim for disability discrimination.
It will also fall to the courts and tribunals to establish the tests for determining what amounts to “unreasonable behaviour” on the part of the employer, and the consequences of such behaviour.
It is too early to predict whether the new provisions for “pre-termination negotiations” will be of any practical assistance in bringing the employment relationship to a mutually-agreed end. In the meantime, employers should be cautious in entering into such negotiations without a proper assessment of the potential risks of doing so.
Employment law experts from Steeles Law will be examining this topic in more detail, together with other issues relating to the termination of employment, in the forthcoming HR Forum which is taking place at Dunston Hall on 11 September 2013, from 2pm.
Trainee Solicitor Laura Tanguay and Associate Solicitor Jean Parkinson comment on the proposed injunction to prevent nuisance and annoyance.
The Government’s plans to create Injunctions to Prevent Nuisance and Annoyance (“IPNAs”) have been featured in the news recently, raising concerns that (to quote the Telegraph) “Children could get in trouble with the law simply for being ‘annoying'”. However. what is this new weapon in the armory and is it, as some believe, just in essence an ASBO by another name?
What are IPNAs?
IPNAs, along with a number of other potential measures, have been introduced by section 1 of the new Anti-social Behaviour, Crime and Policing Bill 2013 – 2014 (“the Bill”). Further to being debated at its second reading last month, the Bill is currently being considered by the House of Commons.
The aim of an IPNA is likely to be familiar to most people, in that it seeks primarily to stop the engagement or threat of engagement in “conduct capable of causing nuisance of annoyance to any person”. It is capable of being granted against anyone aged 10 or over and, perhaps surprisingly, can be granted for an unlimited duration.
Whilst there are those who will suggest that this is simply a new name for an old remedy, there are some subtle differences between an IPNA and the soon to be replaced ASBO. Perhaps most importantly is the fact that the wording serves to widen the parameters within which an order could be granted. Unlike an ASBO, the IPNA does not restrict itself to the “act” of nuisance or annoyance: section 1 of the Bill provides that an IPNA can be granted if it is proved on the balance of probabilities that the person has engaged, or threatens to engage, in conduct capable of causing nuisance or annoyance to any person.
As drafted, this means that at one end of a broad spectrum, a court could grant an IPNA against a 10 year old child who may in the future engage in conduct that is annoying to any person. ‘Nuisance’ or ‘annoyance’ have not otherwise been defined in the Bill and no examples of conduct that would reach this threshold have been provided.
Consequences of breaching an IPNA
Part 5 of the Bill sets out new grounds for absolute possession of secure tenancies (i.e. the eviction of tenants from their council homes). Clause 84A(1) states that a court must make an order for possession in the event that it is satisfied that any of a number of conditions have been met.
One of these conditions is when “a person residing in or visiting the dwelling-house” is in breach of an IPNA.
Therefore, if a 10 year old is in breach of his or her IPNA, this could lead to the eviction of an entire family from their council home. Equally, similar to the housing provisions under ground 2 to Schedule 2 of the Housing Act 1985, the responsibility extends to the behaviour of visitors to the property, and the IPNA is therefore wider in its implication than the ASBO in this regard.
Voices of concern
Last month the Public Bill Committee heard representations from JUSTICE, an independent law reform and human rights organisation, who voiced several concerns about the new Bill.
JUSTICE aver that the criminal standard of proof should apply to legal findings about whether or not anti-social behaviour is likely (i.e. it should be beyond reasonable doubt rather than on the balance of probabilities).
The organisation were also of the opinion that the ‘nuisance and annoyance’ threshold was much too low, and suggested that it be replaced with the ‘harassment, alarm or distress’ test which is currently used in other legislation. There have also been suggestions put forward that the use of these orders may be used inappropriately to essentially criminalise young children.
Comment
What remains certain is that anti-social behaviour continues to be a problem which needs to be tackled; whether IPNAs can provide the solution will only be determined following the passage of time. They will arguably continue to be seen by some as a very draconian measure – not least because they can be granted indefinitely (or for a period of up to 12 months in the case of under 18s) and because it appears that there is no safeguard of reasonableness which you would usually expect to see in legislation of this kind. Advocates for action on anti-social behaviour, however, are likely to take the view that this type of sanction is exactly what is needed to enable the judiciary to provide a short, sharp shock to those guilty of anti-social behaviour.
If you would like to discuss any of the issues raised in this article, please contact Laura Tanguay or Jean Parkinson.
An independent review of the BEST WESTERN Brook Hotel, Norwich
https://tssreviews.com/2013/07/21/review-of-best-western-the-brook-hotel-norwich-uk/
NFC tracking can assure businesses with the ‘what, where and when’ in a number of scenarios. It’s the obvious choice for companies needing to get the bigger picture on staff check-ins, inventory whereabouts and many more real-life work scenarios.
Any system that lets you in on a real reflection of what is happening within your business will reward you handsomely in saved staff expenses and wasted man hours. In order to thrive in troubled times, anything that helps to identify areas for improvement is worth a closer look.
So what’s NFC all about and how can it tell you what you need to know, when you’re nowhere near your business?
NFC can be simply explained and you’ll have seen it work most likely in your local supermarket with the barcode system.
Think of NFC (Near Field Communication) as a programmable, tiny chip that talks to your phone. Put your phone (or any phone) over the chip and the phone will carry out the action it has been programmed to do.
This means an app on the software developers phone tells the chip to what you want it do – store information, open a programme, access some software etc. Whenever this NFC chip, and the user’s phone come in contact, the chip carries out that action.
With NFC tracking, the software is set to record the details of every check in. Reports can be gathered giving information on individual worker’s activities. You can find who has competed what activities, the time of the round, the routes, the actions and so much more besides.
NFC tracking gives you the 360 degree view you need to get the complete picture on all activities and more accurate information equals better control.
It can help:
• highlight problem areas and help plan a more streamlined approach • see actions in real time • breakdown individual activities • gather data for a range of reports
NFC is the emerging big brother of QR codes and set to grow. Why’s it so simple? Why does it make such sound business sense?
From your workers’ point of view it is simplicity. No more time sheets. It’s a paperless system, recording to a remote database. Wherever they are, and whenever they check in, the information is stored ready for an approved administrator to access. Any system that cuts down on effort and energy and merely requires a ‘tap’ has the mobile user’s vote.
And for you – the business owner? No more wasted £’s paying staff who don’t attend. Reports you can send your client as proof of attendance. It makes the checking in and out of venues, areas, people and articles a breeze.
Got something you need to track? NFC is the solution.
To see how NFC tracking can work for your business please view our NFC section here
Due to a late group cancellation we arre able to share a fantastic deal with you this Sunday only!
Who wants a cheap deal for a room on Sunday here at the BEST WESTERN Brook Hotel, Norwich? £39 B&B for any of my friends here onNorfolk Chamberso letus know and feel free to share with your friends!! Super Sunny Sunday Stay 🙂www.brookhotel.co.uk
We have launched a new Twitter account to give an insight into the busy life of a Trainee Solicitor at Leathes Prior. Regular updates featured from Sabina Haag, Mark McWilliams, Steve Wilson, Tej Thakkar and Cailan Thomas with their views on the different departments they are in. The tweets will be work related but the social side will also be shared so you can truly understand what life is really like as a Trainee.
Recent tweets @LeathesTrainees
Mark: Won a case as advocate at the Employment Tribunal two months ago. It feels great to finally post the compensation to my client.
Tej: This week I am collecting all of the evidence into a court bundle and advising the client on their case.
Steve: I have just drafted a Management Agreement from scratch
Leanne Fisher, Financial Accountant at Norse Commercial Services, picked up the regional Marks and Spencer Sieff award, at the recent Business In The Community 2012 ‘Responsible Business of the Year Awards’.
The award recognises the emerging next generation leaders; individuals who are driving sustainability values into the heart of the business to help transform the way they do business in the future.
The judges noted that Leanne, who joined Norse in November 2012, inspires and motivates colleagues whilst improving business processes and reducing auditing costs; her drive and ambition has also seen her create a number of apprenticeships where she is developing a pool of talent.
“As the role was a new position within the business it has provided me with ample opportunity to bring my prior experience, and implement some simple changes that have resulted in cost savings,” Leanne commented. “I am always a keen advocate of training the next generation, and with Norse being so keen on developing new staff and the apprentice scheme this has provided me with a great base to develop my team.”
Norse Human Resources Director Tricia Fuller said, “This is a great achievement for Leanne and we all congratulate her for making her mark so early on in her career with us. We wish her the best of luck as she goes on to the Albert Hall in July for the national awards.”
Candidates nominated for this accolade have demonstrated:
bmi regional is the ‘easiest airline to book’ in the UK The bmi regional website is the easiest airline to book according to research undertaken by the editorial team of Daily Telegraph, based on the number of mouse clicks and time taken to book a flight.
Comparison of the online reservation processes for 12 short-haul UK airlines serving domestic and European destinations found that bmi regional customers can confirm a seat with just six mouse clicks – four fewer than the closest competitor, while the booking process takes just five minutes – one of the fastest times. Here is the original article: https://bit.ly/120cNVw
In addition, bmi regional is the UK’s most punctual scheduled airline for the eighth consecutive year, according to independent research by FlightOnTime.co.uk using Civil Aviation Authority (CAA) data.
Cathal O’Connell, CEO of bmi regional, said: “Making travel hassle-free for all of our business and leisure customers is a priority for us and that includes developing a smooth booking process. We’ll continue to seek more ways to ensure that flying with bmi regional is easy, such as thirty-minute check-in, our ‘bags fly free’ policy and serving complimentary in-flight refreshments.” bmi regional operate daily services to Aberdeen from Norwich International and passengers can enjoy complimentary in-flight food, refreshments and bar service; and 20kg hold baggage allowance at no additional cost. Please visit www.bmiregional.com for full details.
Train operator Greater Anglia is playing a pivotal role in helping achieve some of the aims in the East Anglian Rail Prospectus, which was launched a year ago to make the case for regional rail investment in East Anglia. The company, which took over the main regional franchise in February 2012, helped to coordinate and draft the prospectus and has spent the subsequent 12 months working with regional stakeholders to secure some of the upgrades targeted for the period up to 2019. Greater Anglia has prepared an update on the status of these initial objectives, which shows that significant collective progress has been achieved. Of the twenty one priorities highlighted, twelve are either agreed or already being implemented, seven have seen positive progress and two have seen limited progress and need more stakeholder work to ensure tangible upgrades are delivered by 2019.
Notable successes have included:
Work is also underway to look at rolling stock upgrades (though these are linked more to the long term Greater Anglia franchise), more frequent services from the Lea Valley to Stratford, earlier and later trains to Stansted Airport, more frequent Cambridge – Stansted Airport and planning to fill key gaps in local services (especially Ipswich – Peterborough, though again this is linked to the long term Greater Anglia franchise).
The two schemes where limited progress has been achieved to date is on the two infrastructure schemes relating to improved journey times and capacity on the Great Eastern Main Line (GEML) between Norwich, Ipswich, Colchester, Chelmsford and London).
Today’s East Anglian Rail Summit drew together the influential and extensive alliance of MPs, local authorities, Local Enterprise Partnerships and Chambers of Commerce, who have all joined forces to highlight the importance of rail upgrades in East Anglia and campaign for the improvements set out in the East Anglian Rail Prospectus – both for the remainder of this decade and in line with a 20 year vision of rail services in the region.
Commenting on the progress made against the priorities in the prospectus Ruud Haket, Managing Director for Greater Anglia said:
“Greater Anglia remains passionate about playing its part in delivering major upgrades to train services in East Anglia in both the short and long term to meet customers and the region’s aspirations. We’ve been instrumental, alongside other stakeholders, in making real progress on a number of the aspirations and aims we set out last year, with a number of infrastructure schemes agreed, significant improvements in train performance delivered, station improvements implemented and ticket purchase made easier.
However, we have more to do to ensure tangible upgrades to capacity and line speeds on the GEML and rolling stock enhancements are delivered before the end of this decade.
All of us involved in the region-wide alliance of stakeholders (including MPs, local authorities, LEPs, Chambers of Commerce and rail user groups) need to continue to work together to ensure we achieve the aims laid out in the East Anglian Rail Prospectus. We look forward to continuing to partner with regional stakeholders and Network Rail to secure the best deal for our railways.”
bmi regional named as most punctual UK scheduled airline for first quarter 2013 5 July 2013: Data released this week by impartial website FlightOnTime (www.flightontime.info) shows that bmi regional (www.bmiregional.com), which marked its first anniversary as an independent airline this spring, is the most punctual scheduled airline in the UK. FlightOnTime provides unbiased analysis of source data from the UK Civil Aviation Authority (CAA) and calculates the percentage of flights landing within 15 minutes of their scheduled arrival time and the average length of any delays. Statistics from a total of 2,695 bmi regional flights were included in the report that showed over 92 per cent of all flights touched down within 15 minutes of the scheduled arrival time (5.7 per cent more than the airline in second place), and the average delay encountered was just 4.5 minutes . Cathal O’Connell, CEO of bmi regional, said: “On-time departures and arrivals are vital for both our business and leisure passengers and we’re determined to maintain our record as the UK’s most punctual scheduled airline, a plaudit we’ve retained for eight consecutive years, as we continue to expand. It’s testimony to the dedication and team work of the entire bmi regional staff and the efforts of our airport partners that we continue to provide unrivalled punctuality.” bmi regional operate daily services to Aberdeen from Norwich International and passengers can enjoy complimentary in-flight food, refreshments and bar service; and 20kg hold baggage allowance at no additional cost. Please visit www.bmiregional.com for full details.
We are very pleased to introduce our new Head Chef, Luke Grimbly – his first shift tonight and he has already introduced a delicious special for the Restaurant this evening so we hope you enjoy the changes Luke will be bringing over the coming weeks… Best Western Brook Hotel, Norwich To make your reservations in our restaurant call us on Norwich (01603) 741161