Thursday, September 1, 2005
Launch Laptop Laws Bosses Warned
Laptop laws should be put in place by companies fearful of workers falling foul of the law, urge employment law experts.
The warning comes after Gregory Straszkiewicz, 24, was fined £500 and given a 12 months conditional discharge this week for hijacking a wireless broadband connection with his laptop.
He was charged with dishonestly obtaining an electronic communications service and possessing equipment for fraudulent use of a communications service.
Neil Gouldson, head of employment at national law firm Rowe Cohen, said:
“Employers must make sure that employees with company laptops know that piggybacking a wireless network that householders are using is illegal and that they can be prosecuted under sections 125 and 126 of the Communications Act 2003.
“Allowing employees to access illegal material by using a laptop for purposes other than work leaves businesses open to all sorts of risks. HR departments must draw up strict policies on the use of laptops and issue guidelines to staff on what is and what is not acceptable.”
above: Hijacking a wireless broadband connection with his laptop landed Gregory Straszkiewicz with a fine and a conditional discharge.
Mobiles ‘quadruple car crash danger’
Drivers are four times more likely to crash when using mobile phones, even if they use hands-free kits, experts say.
They reached their estimates by looking at the phone bill records of 456 drivers needing hospital treatment after road crashes in Perth, Australia.
In the UK it is illegal to use a hand-held mobile phone while driving. Safety campaigners say the University of Western Australia study, published online in the British Medical Journal, shows the rules should apply to hands-free phone use.
Mobile phone use in the 10 minutes before a crash was associated with a four-fold increased likelihood of crashing. This was irrespective of whether the driver was using a hand-held or hands-free phone. Similar results were found for the interval up to five minutes before a crash.
Author Suzanne McEvoy and colleagues from the University of Western Australia said: ‘More and more new vehicles are being equipped with hands-free phone technology. Although this may lead to fewer hand-held phones used while driving in the future, our research indicates that this may not eliminate the risk. Indeed, if this new technology increases mobile phone use in cars, it could contribute to even more crashes.’
The study authors said a possible solution might be to change mobile phones so that they cannot be used when vehicles are in motion, but added that industry was unlikely to embrace this.
ASBO or jail threat on business ‘astonishing’
A leading pressure group says the integrity of small businesses is being undermined by the Environment Agency after it emerged it wants to impose anti-social behaviour orders (ASBOs) and jail terms on firms.
The Forum of Private Business (FPB) said it is shocked and dismayed the Environment Agency should take such an adversarial approach towards businesses when the emphasis should be on helping business comply with legislation.
The FPB’s Chief Executive Nick Goulding said:
“A civil action involving a fine or penalty is the right punishment for these type of offences.”
Mr Goulding said he particularly objected to the use of ASBOs and the image they would give businesses.
“ASBOs are used to control yobs who terrorise our communities but to use them against business is completely over the top. This insulting move betrays a lack of respect for, and understanding of, the immense contribution businesses make to Britain providing jobs and driving the economy. This is not how to nurture a culture of enterprise which this country relies so heavily upon.”
Businesses hit by road fuel decision
Businesses will soon be stopped from claiming input VAT on road fuel bought by employees for business travel, say VAT experts.
When employees buy fuel for business purposes they often claim back the cost in expenses from their employer. The employer can then reclaim the VAT on this.
However, a recent EU decision means employers should no longer claim input VAT in either the pump price or within a mileage claim.
Simon Newark, VAT partner at national accountancy group UHY Hacker Young, says the decision could be very expensive for employers:
“Big employers who provide lots of company cars may already be using a system of company fuel cards allowing the fuel cost to be borne directly by the business. However, this system certainly won’t be suitable for all companies and may not be desirable for smaller businesses with fewer employees. It’s a shame that rigid EU bureaucracy is putting an end to the incentive.”
New sick note rules root out serial slackers
Employment law experts have welcomed proposed changes to the way sick notes are issued, which they say will make it harder for workers to feign illness or injury.
The announcement follows research by The Confederation of British Industry (CBI) estimating that 168 million days were lost through sick leave in 2004 and that up to 23 million or 14% of those were a result of staff ‘pulling sickies’.
The new proposals, announced in a report by the Department of Work and Pensions, will enable non-medical professionals such as physiotherapists, nurses and chiropractors, to dispense sick notes — a responsibility formerly reserved for GPs — and are expected to be introduced in April 2006.
They work on the theory that a physiotherapist or osteopath is likely to be in a better position to give an accurate diagnosis of his or her patient than a GP with no prior relationship with the patient other than a request for a sick note.
Russell Brown, head of employment law at Manchester law firm, Glaisyers, said:
‘This is good news for employers who want to make sure an employee’s condition has been properly assessed by a specialist with the time and expertise to carry out an accurate examination.
“GP sick notes serve as strong evidence of a person’s incapacity to work but they aren’t conclusive. Evidence uncovered by this report suggests that GPs face pressure to provide sick notes for fear that they could face a charge of negligence if they don’t.
“These proposals should make it harder for those who feign illness or injury to deceive their medial advisers into providing a sick note.”
Boy dies on work experience, firm fined only £60,000
A Welsh firm has been ordered to pay a £60,000 fine after a 14-year-old worker was killed when a quad bike he was riding overturned.
Gareth Pugh was on work experience at the Kempton Estate, Craven Arms, Shropshire, when the incident happened. Shrewsbury Crown Court heard Gareth had not been given safety instruction about the all-terrain vehicle. The company. G&A Leisure of Betts, near Newtown, which runs a pheasant shoot on the estate, admitted failing to ensure he knew the risks of the bike. The firm was fined £35,000, with £25,000 costs. The court heard Gareth, who was from Clunton, near Craven Arms, had been using the bike to distribute bird food. Health and Safety Executive Hilary Lidbury commented: “All terrain vehicles (ATVs) are very useful, but also very dangerous. The Health and Safety Executive knows of many accidents both serious and fatal involving ATVs and is aware that many accidents go unreported.” She added: “Commercial operators need to appreciate the dangers associated with ATVs and should insist on training for all staff using these vehicles. The lesson to be learnt from this case is to ensure that an adult that has been trained in the use of ATVs and remains in control of the vehicle at all times.”
Holiday broke
Families across the UK will face an average bill of almost £76 per week for their children’s day care during the school summer holidays this year, according to a Daycare Trust survey. Susan Crane of the Daycare Trust said: ‘It is at times like these that the benefits of working for some families can become marginal with the cost of childcare consuming a large part of a family’s income.’
Bullying at work
A new guide has been published by the Chartered Management Institute to help organisations manage the impact of bullying at work.
Launched in association with ACAS and UNISON, ‘Bullying in the workplace: guidance for managers’ calls on UK organisations to monitor and deal with the problem of bullying because of the negative impact it has on employee health, self-esteem and organisational performance. It also highlights the need for employers to be aware of the potential legal implications if they fail to identify, and act on, bullying.
The guide outlines the factors that contribute towards an organisational bullying culture and urges managers to be clear on the procedures for dealing with complaints. It also calls on managers to put preventative ‘anti-bullying’ measures in place.
Recognising that bullying takes many forms, the guide tells managers to look out for signs of:
- misuse of power or overbearing supervision
- undermining by overloading colleagues with too much work
- constant criticism
- blocking promotion or denying training and development opportunities
- intimidation.
The guide is available free of charge for download. It will be followed by the launch of research exploring the extent of bullying in UK workplaces.
GMB wants Europe to outlaw tagging at work
The GMB is calling on the European Commission (EC) to outlaw the use of electronic tags to track workers. A report last month from the union said workers in the warehouse sector were being ‘dehumanised’ and ‘reduced to robots’ by the tags. The report has now been passed to the EC and to MEPs by the GMB’s Brussels office, with a call for them to look again at the data protection and privacy implications of the use GPS satellite-linked wearable computers. The union report warned that the devices, many of which are worn on the wrist, could lead to new occupational diseases. No one has been consulted about its introduction and use and workers rights to privacy are being undermined. GMB is now raising the matter directly with the Commission.’ Reports have linked oppressive workplace monitoring to a range of occupational health problems, including musculoskeletal disorders and stress.
Pregnancy compensation
An Australian childcare worker sacked for being pregnant has earned six months compensation, in defiance of moves by the federal government to block unfair dismissal rights. Ian Cambridge, Industrial Relations Commissioner in New South Wales, said the injustice of the sacking of Lisa-Maree Wintle provided a “case study for the protection provided by unfair dismissal laws.”
Workaholidays
Britons put in 36 million hours of free overtime each year with one in three refusing to take all their holidays, fearing a backlog of work when they return, according to a Chartered Management Institute study. CMI’s Jo Causon said the unpaid work is saving bosses around £1 billion a year, and added: “The pressure to perform has led to Britain becoming a nation of workaholics.”
Time trouble
Civil service union PCS says it will be doing everything possible to overturn a Court of Appeal decision which reverses important case law on sick workers’ entitlement to four weeks annual leave. Workers absent on long term sick leave had been entitled to take 4 weeks statutory leave under the Working Time Regulations until the appeal court ruling.
Temporary trap
Most temporary workers in Scotland’s public sector lag behind full-time colleagues in terms of wages, sickness and holiday pay. A UNISON survey found that workers felt trapped in low-paid jobs with little chance of career progression, prompting the union to publish a booklet to advise workers on their rights.
Not satisfactory
The average level of job satisfaction among women workers has been falling for 15 years, despite greater equality in the workplace and flexible working laws. An Economic and Social Research Council study based on about 25,000 British women employees shows that women workers used to have significantly higher levels of job satisfaction than men in the UK, but now they have almost the same level as male workers.
Pay gap
The pay gap between women and men will not close unless there is a radical rethink of equality laws, says the Equal Opportunities Commission (EOC). EOC acting chair Jenny Watson said: “Without action, Britain’s women will continue to be condemned to the indignity and injustice of unequal pay, and employers will bear the risk of costly tribunal cases for a generation to come.”
Tribunals plummet
Latest Employment Tribunals Service figures show there was a 25 per cent drop in the number of tribunals in 2004/5 compared to the previous year. TUC general secretary Brendan Barber said ‘the government should investigate whether the drop in tribunal claims is down to better practices in all workplaces, as opposed to unreasonable barriers blocking claims.’
No sweat shops
Staff turnover in call centres remains some 25 per cent higher than in other workplaces, but operators who embrace flexible working and offer better benefits can shed themselves of their sweatshop image. A study by Britain’s Chartered Institute of Personnel and Development, Institute of Customer Service and Aston Business School found that call centres which addressed work-life balance and flexible working issues experienced better results and reduced staff turnover.
Career fear
Flexible working has not caught on as well as it might as employees fear the impact it may have on their career prospects. Most human resources professionals think employees are too afraid to take flexible working for fear of hindering their career prospects, according to a study by Croner HR.
Silent suffering
More than seven in 10 pregnant women treated unfairly at work are suffering in silence, according to a report from the Equal Opportunities Commission (EOC). It says its investigation shows unless the current situation changes, one million pregnant women are likely to experience discrimination at work over the next five years.
Feeling better
US women report higher job satisfaction than men - and it’s greater job flexibility that appears to account for the difference. A study has found women receive a large and highly significant increase in job satisfaction when their job does not force them to choose between their family and their job, adding women in female dominated workplaces may report higher job satisfaction because they value job flexibility and so choose to dominate the workplaces that provide job flexibility.
Rights attack
Employers may be able to cut the annual holiday entitlements of Australian workers from four to just two weeks a year under the federal government’s new industrial relations laws. Sharan Burrow, president of national union federation ACTU, added: “Under the government’s industrial relations plans employees face being pushed onto individual contracts that could cut their pay and job entitlements and around four million employees will also lose protection from unfair dismissal.”
Search for balance
The Australian Human Rights and Equal Opportunity Commission’s Sex Discrimination Unit has launched a discussion paper, Striking the Balance: Women, men, work and family. It is concerned with the choices women and men make about how they spend their unpaid work time, and the effect these choices have on their opportunities for paid work, particularly legislative, cultural and attitudinal constraints in the worlds of paid and unpaid work. Discussion paper.
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