City of London Magistrates’ Court heard that on 4 March 2009 ambulance and fire crews were called to an address in Elgin Road, Croydon, where they found several people suffering flu-like symptoms and dizziness. One tenant thought he was having a heart attack.

Five residents were taken from the property, belonging to landlord James Long, to Princess Royal University hospital suffering from carbon monoxide poisoning. Three needed to be transferred to Whipps Cross hospital for specialist hyperbaric treatment.

The Health and Safety Executive (HSE) investigation found Mr Long did not have a landlord’s gas safety certificate covering the property, meaning the gas hob, boiler and flue had not been inspected by a qualified gas engineer.

It was discovered the carbon monoxide was coming from a gas boiler in the cellar and gas engineers found a taped-up air vent had led to insufficient fresh air coming into the cellar.

Speaking after the hearing, HSE Inspector Matthew Raine said:

“This carbon monoxide poisoning could easily have been fatal. If Mr Long had fulfilled his legal obligation to get the property inspected, he would have been made aware just how dangerous it was for the air vent to be taped-up. Mr Long disregarded his landlord duties and put his tenants at grave risk.

“Every year, around 20 people die and many others suffer ill-health from carbon monoxide poisoning. Landlords who put their tenants in danger will be prosecuted.”

Mr Long of Elgin Road, Croydon, pleaded guilty to breaching Regulation 36(3)(a) of the of the Gas Safety (installation and Use) Regulations 1998. He was fined a total of £24,000 and ordered to pay costs of £6,000.

(HSE Press Release: COILON/0912)

Whilst this particular case related to a Landlord, please note that under the ‘Gas Safety (Installation and Use) Regulations 1998 it shall be the duty of every employer or self-employed person to ensure that any gas appliance, installation pipework or flue installed at any place of work under his control is maintained in a safe condition so as to prevent risk of injury to any person.

There is a risk of explosion from gas installations that are not looked after or maintained. This can be caused by faulty or leaking equipment, pipework, etc.

Another problem is carbon monoxide. If gas hasn’t burnt properly or is burnt without adequate ventilation or blocked flues it will produce carbon monoxide. If this is breathed in, it mixes with the blood starving the body of oxygen and poisoning it. Symptoms can include tiredness, drowsiness, headaches, nausea and chest and stomach pains. In extreme cases carbon monoxide poisoning can kill within a matter of hours.

Gas appliances in the workplace must only be installed and maintained by a qualified, Gas Safe Registered engineer.

The engineer must also be qualified to service the particular type of equipment that is to be worked on, i.e. central heating etc. The installations service interval will be specified by the manufacturer, but is usually annually.

The government has announced developments in its plan to introduce tribunal fees.  The fees are intended to reduce the number of unnecessary employment tribunals after last year saw a 44% rise in cases, increasing the UK taxpayer’s cost to an estimated £84 million a year. It is thought that by placing a price on tribunals, both sides will be forced to consider whether their claim is substantive or whether they are likely to suffer a greater financial penalty by proceeding. It is important to highlight though that if a claim is deemed a case of justice, the government is prepared to waive the fees if the claimant cannot afford to pay.

However, it is hoped that the new fees will have a positive effect on the number of cases solved at an earlier stage by methods such as mediation and conciliation.

Although it has already been agreed that tribunal fees must be introduced, the government is currently consulting until March 6th of this year to consider two options for implementation:-

·Option one would see the claimant pay an initial fee of between £150 and £250 to begin proceedings, followed by an additional fee of between £250 and £1250 if there is a hearing. Under this option there would be no limit on the amount of possible compensation.

·Option two would see the claimant pay one fee of between £200- £600 but with a limit on compensation reaching £30,000. There would be the additional option of paying £1,750 if the claimant intends persue a greater level of compensation.

For both option one and two, there is the added possibility that the losing party will be forced to reimburse fees paid by the other side.

The year that the fees are implemented will depend on the option taken, with option one being adopted in 2013 and option two being adopted in 2014 as it requires primary legislation.

Do I have to pay my employee Statutory Sick Pay?

If you’re employee is working for you under a contract of service, they’re entitled to Statutory Sick Pay (SSP) If the following apply:

Ø  They are sick for at least four days in a row (including weekends and bank holidays and days that they do not normally work)

Ø  They have average weekly earnings of at least £102 per week

The standard weekly rate for SSP is £81.60

Can I claim any SSP back from HMRC?

Recovery of SSP is paid under the Percentage Threshold Scheme (PTS)

You can recover some of the SSP paid to your employees if the total amount of SSP paid in a tax month is greater than 13% of your gross class 1 NICS (ers and ees) liability for that month. The amount you can recover is the SSP you have paid, over and above 13% of your NIC liability.

For example: If your total SSP paid out in a tax month is £300 and 13% of your NICS (ers and ees) in that month equals £100 you can claim £200 of your SSP back.

When can my employee begin Maternity Leave?

An employee can choose to begin her maternity any time from 11 weeks before the expected week of childbirth up until the birth itself.

An employee can choose when to start her maternity leave. The exception is if she is absent from work for a pregnancy related reason and the absence is after the beginning of the fourth week before the EWC -  but before the date she notified you that she intended to start her leave. In this case you can start the maternity leave as soon as she is absent.

Can I pay my new employee without a National Insurance number?

HMRC needs to know your employees National Insurance number so that their National Insurance account can be kept up to date and their entitlement to state benefits like state pension can be protected.

You can carry on paying an employee even if you haven’t got their National Insurance number – but you must keep a record of their name, address, date of birth and gender.

If your employee has never had a National Insurance number they must contact their job centre plus office to apply for one.

If you can’t obtain your employees National Insurance number you will need to use the NI number tracing service. To do this you will need to complete form CA6855 and send it to the National Insurance Contributions office.

Please see below for the 2012 Bank Holiday dates

New Years Day Holiday                   January 2nd

Good Friday                                    April 6th

Easter Monday                               April 9th

Early May Bank Holiday                   May 7th

Spring Bank Holiday                        June 4th

Diamond Jubilee Holiday                June 5th

Summer Bank Holiday                     August 27th

Christmas Day                                 December 25th

Boxing Day                                      December 26

It has been announced that there will be a special bank holiday in 2012 to celebrate the Queen’s Diamond Jubilee. The 2012 late May bank holiday will be moved to Monday 4th June 2012 and an additional Jubilee bank holiday will be on Tuesday 5th June 2012.

The current provisions provide that after one year’s service each employee is entitled to up to 13 weeks’ unpaid parental leave per child if he/she meets one of the following conditions:

• He/she is the parent of a child who is under five years of age.
• He/she has adopted a child under the age of 18 (the right to parental leave lasts for a period of five years from the date of adoption or until the child’s 18th birthday, whichever is the sooner).
• He/she has acquired formal parental responsibility for a child who is under five years of age.
• An employee who is the parent or adoptive parent of a child who has been awarded disability living allowance is entitled to up to 18 weeks’ unpaid parental leave, which can be taken up to the child’s 18th birthday.

The changes mean that unpaid Parental Leave entitlement is expected to increase from 13 weeks to 18 weeks (to match the current entitlement for parents of a disabled child) by 8th March 2012.

When the Health and Safety Executive (HSE) visited Alina Trade Limited’s premises on 2nd March 2011, the company was unable to produce on request a certificate of Employers’ Liability Compulsory Insurance (ELCI) to HSE inspectors, which employers are required to hold by law.

Corby magistrates heard that despite letters, and issuing a formal Notice to Produce the ELCI document, Alina Trade did not.  HSE visited the company for a second time on 8th June, and again it was unable to produce a certificate.

The company pleaded guilty to contravening Section 1(1) of the Employers’ Liability (Compulsory Insurance) Act 1969 and was fined £2,000 with £1,567 in costs.

“Employers are responsible for the health and safety of their employees when they are at work. While the law expects active steps to be taken to protect workers, if an employee does suffer harm then Employers’ Liability Compulsory Insurance ensures that any justifiable civil claim by an employee can be met.”

(HSE Press Release: HSE/254/11)

Employers are required by law (Employers’ Liability (Compulsory Insurance) Act 1969 and Regulations 1998) to take out insurance that will meet the cost of compensation for employees’ injuries or illnesses received whilst at work; on or off site. Insurance cover is needed for at least £5m.

Section 1 of the Employers’ Liability (Compulsory Insurance) Act 1969 states: “Every employer carrying on any business in Great Britain shall insure, and maintain insurance, under one or more approved policies with an authorised insurer or insurers against liability for bodily injury or disease sustained by his employees, and arising out of and in the course of their employment in Great Britain in that business, but except in so far as regulations otherwise provide not including injury or disease suffered or contracted outside Great Britain.”

If a current Employers’ Liability (Compulsory Insurance) certificate cannot be produced when asked by a HSE inspector an employer could be fined.

A copy of the current liability insurance certificate must be reasonably accessible to employees.

Copies of certificates of insurance which are out of date must be retained for at least 40 years, because claims for diseases can be made many years after the disease is caused. Copies can be kept electronically if this is more convenient. These must also be produced upon request by a HSE inspector.

The Claimant, who was the primary carer for her child with an attention disorder, took the claim after her employer, Laura Ashley, changed her working pattern without due consultation and consideration, meaning that she was unable to meet her child care commitments.

Since her commencement with the retailer five years previously, the Claimant had worked the same shift pattern, which fitted around her being able to collect her child from school. However, in an attempt to improve profitability at the store, the Store Manager had decided to implement a fully flexible rota across the store, resulting in employees having to make themselves available to work over the full opening hours, instead of the previously defined shift patterns. The Claimant was told that unless she accepted the new working arrangement that she would lose her job. Whilst she was offered an alternative role, this was for less hours and on a lower rate of pay.

The Employment Tribunal found that the Claimant had been indirectly discriminated against on the grounds of her sex. She was awarded £6,000 for injury to feelings, £880 for loss of earnings and £2,640 for future loss.

Employers should take care to ensure that any change to working arrangements are fully discussed with each employee affected and that those employees with any caring responsibilities are dealt with fairly and their needs are taken into account.

Form P38(s)

To pay a student without deducting PAYE tax, the Employer will first need to obtain form P38(s), the student must then fill in the declaration on the form as soon as they begin working for you.

Once the Employer has received this they can put the student on tax code NI (this will ensure the student is only liable to make national insurance contributions and no tax will be deducted).

A common error in this process is for the Employer to put the student on an NT tax code once the P38(s) has been received, this is strictly incorrect only HMRC are permitted to issue an NT tax code, so make sure when setting up a student code NI is used.

National Insurance

Students pay the same NICs as other workers.

NIC will only be paid if the student earns more than £102 a week or £442 a month. If they receive more than these amounts they will pay NICs at 12% on anything over £102.01 a week (£442 a month) up to £817 a week (£3540 a month) plus 2% on any amount over £817 per week (£3540 a month)

Students earnings exceed their Personal Allowance

In some cases a student’s earnings will exceed the annual personal allowance even though they are only working in the holidays. As soon as the earnings of a student go above the personal allowance, the Employer will need to start deducting PAYE tax from their earnings.

If this happens, the Employer should submit a completed form P46 showing the students original start date. Tax should then be deducted as follows:

·         Box A ticked       -              Deduct tax using the code 0T W1M1 basis

·         Box B ticked       -              Deduct tax using the code 0T W1M1 basis

·         Box C ticked       -              Deduct tax using the code BR W1M1 basis

Remember to obtain a new P38(s) declaration from the student at the beginning of each tax year.

The plans have been suggested as part of an independent review into sickness absence, in an attempt to tackle the costly issue of long-term sickness absence, which according to the DWP costs employers £9 billion per year on sick pay and associated costs.

The review suggests setting up an Independent Assessment Service (IAS) to which employers and GPs can refer long-term sickness absence cases for independent advice. This will negate the reliance on family GPs to judge a person’s work capabilities, when they have neither the time or often expertise to make such work-related decisions. It is hoped that the scheme will help employers make informed decisions about how to manage an individual’s return to work.

The scheme, if implemented will mean that GPs will sign people off work for up to four weeks, after which the IAS will assess what work they are capable of doing. Employers will have to use job profiling to ensure that job roles are fully transparent for assessors, who will then give practical advice on any temporary condition and its’ effect on the individual’s job. The employee will also be expected to be fully engaged in the process. Any individual who is signed off sick will receive less in benefits in the first three months of absence.

The review also suggested additional measures such as giving tax breaks to those employers who take on people with long-term sickness conditions and the introduction of a job-brokering service to help people unable to work in their current job to find employment elsewhere.

The government is expected to give a response to the report in the New Year and we will of course keep you updated with any developments.

As a reminder: Currently the ‘Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995’ (RIDDOR), place a legal duty on employers, self-employed people and people in control of premises to report: -

·         Deaths.

·         Major injuries.

·         Over-3-day injuries – where an employee or self-employed person is away from work or unable to perform their normal work duties for more than 3 consecutive days.

·         Injuries to members of the public or people not at work, where they are taken from the scene of an accident to hospital.

·         Some work-related diseases.

·         Some dangerous occurrences – a near miss, where something happens that does not result in an injury, but could have done.

·         Gas Safe-registered gas fitters must also report dangerous gas fittings they find, and gas conveyors/suppliers must report some flammable gas incidents.

Essentially, calling someone a ‘volunteer’ or saying they are on ‘work experience’ does not in itself protect you from having to pay them the National Minimum Wage or giving them other statutory entitlements such as paid holiday, rest breaks and SSP. It is whether they are actually carrying out work and completing work tasks for you that counts and this is where a grey area seems to exist.

The key areas for consideration as to whether someone is genuinely on work experience are:

·         Are they carrying out work for you or are they just coming in for a few hours to get a feel for office life? Completing work tasks for your organisation will infer a ‘worker’ status, whereas work shadowing will help show that they are not actually undertaking any meaningful work.

·         How long will they be in your organisation? Generally work experience placements last weeks not months. The more frequently they come into work and the more they do, the more likely they are to be deemed to be conducting work for you.

Whether or not someone is genuinely on work experience or not, employers are still responsible for ensuring their health and safety whilst in their work place. Particular consideration should be taken for vulnerable individuals, such as young people and those who are not familiar with the organisation and their health and safety practices.