2005 - April
Prosecutions involving falls from ladders tend to focus on their use as a means of access. However, a recent case concentrates on the risks of using them as a workplace. In light of new regulations, what should you be aware of?
Applying the Disability Discrimination Act has a range of potential safety implications for employers like you. So why not use our checklist to help you identify and manage the key problem areas?
After eight years, the government has introduced a draft Corporate Manslaughter bill. But do you have as much to fear from its penalties as originally thought?
You employ a multi-racial workforce in your factory and have received lots of leave requests for a religious festival. Granting them all could jeopardise safety standards, so what’s the legal position and how do you deal with requests?
You’ve hit a busy period and despite extra staff, could do with more help in your warehouse. The work isn’t heavy, so you’re tempted to ask some less busy staff to help out. What liability issues should you consider first?
You need to have some work carried out which will require scaffolding. As the premises occupier, what should you look for when selecting scaffolders and what key safety issues should be addressed before work starts?
A colleague has asked you about your procedures for recording near-misses, but you’re not sure what he’s talking about. What are they and how could recording them help reduce your potential liability?
In December 2003, new Regulations which outlawed harassment against workers on grounds of their sexual orientation were introduced. The first case has now been decided by a tribunal. What was the outcome?
How to increase your partner’s SMP
Recent legislation means that there is now a new way to increase your partner’s Statutory Maternity Pay (SMP) if she’s an employee of your company, thereby enabling you to extract more money from the business. So what’s involved?
Temp agencies can provide you with an extra pair of hands when you most need them. Yet complaints against them have risen by 58%. So what do you need to know to get the most from the relationship?
An employee’s had several short periods of sickness. You suspect he’s feigning but don’t know how to prove it. So how could the Taxman of all people help?
Since the changes to dispute resolution took effect in October last year, it’s even more important that you take comprehensive notes at any disciplinary meetings you might have. What are the key points to include?
Your tax adviser has been searching through your old tax records in order to answer a current tax query. It appears that you overpaid PAYE in an earlier tax year. Is it easy to get a repayment for old tax debts?
“Recent court decision could open the way to VAT reclaims”, or so a leading newspaper claims. OK, but is this really something you can deal with yourself?
Whilst completing the P11Ds for 2004/5 you came across payment for a permanent health insurance policy for key employees. In previous years no such benefit-in-kind has been reported on the P11D. Is this correct?
Sharing contractual protection
Two of your employees have asked for your permission to enter into a job sharing arrangement. Whilst you’re happy to agree in principle, you want to get the contractual side tightened up first. What are the key areas?
You’re probably familiar with exit interviews and may already have found them to be a useful source of information. However, did you know that conducting interviews before staff even think about resigning could be even more beneficial?
A colleague has told you that a provision in the recent Budget means his company can now pick up the bill for his offspring going to college/university. Sounds too good to be true, or is it?
One of your businesses has been deregistered for VAT. However, a VAT invoice has now turned up which you need to pay. Is there any way you can claim the VAT back on such invoices?
The government’s aim is that all public places and workplaces will be smoke-free by the end of 2007. However, only 50% of employers currently ban smoking. So if you’re about to take the plunge, what’s involved?
Capital gains that arise on transfer of a business to a limited company can be rolled over i.e. they are not taxed until the shares are sold. However, if you then sell the company there could be a problem. Here’s one way to solve it.
You’re going to replace the respiratory protective equipment which your employees use for paint spraying. What are the main health and safety issues to consider when purchasing new equipment?
A subscriber has received a complaint from an employee about the noise levels in their open-plan office. They want to know what the law says and what inexpensive solutions are available (if he’s right). What are their options?
Directors’ duties - the latest
Recently, there have been attempts to make directors personally liable for health and safety. What’s the latest news on developments?
Someone’s offered to take care of your small grounds during the summer months and provide his own tools for the job. You’re interested, but what’s the absolute minimum you need to consider in order to ensure his safety?
You need to transport small quantities of flammable liquids, e.g. wood preserver, throughout the UK. Whilst you’ve heard of legislation on carrying dangerous goods, you don’t know if you carry enough for it to apply. How can you tell?
Lending your staff - who’s responsible?
A local business has asked you to second a couple of employees to oversee a project. You’re interested, but want to know who’ll be responsible for their health and safety during this secondment. What do you need to know?
Even though company directors don’t have any specific health and safety duties, Health & Safety Executive guidelines mean that they could still be prosecuted. Following recent case law, what should you should be aware of?
You’ve made a job offer to a great candidate and have already obtained references. However, you’ve now heard a rumour that she’d been sacked from a job several years ago. How should you play it?
The Taxman has asked an internet auction site to provide it with a list of its users. Does this mean that all transactions on auction sites are taxable? What’s the full story?
The Taxman’s Inheritance Tax (IHT) manuals aren’t any help when it comes to a potential exclusion from business property relief (BPR). However, there is now some case law you can use to see if you pass the BPR test. Read on.
One of your job sharing employees has resigned and you’re not having much luck in replacing her. The other sharer doesn’t want to go full-time due to child care commitments. So what are your options?
You’ve come to an amicable parting of the ways with an employee. She’s to receive a tax-free termination in recognition of her services. But, how must you word the letter to ensure it really is tax-free?
For employers’ returns submitted on paper, the Taxman has recently published his latest requirements. What implications could this have for you?
Suppose you employ staff who benefit from long periods of inactivity. Do these periods count as unpaid rest breaks? What does the latest case say?
One indicator of self-employment is that a worker provides the main items of equipment that are needed to do the job. Recently, the Taxman argued that by not using their own computer a worker became an employee. Was he right?
Putting experience on the board
A colleague’s dear old dad kept giving him so much good “advice” on how to run the business that he’s made him a non-executive director. What’s interesting is that he says he can pay him a tax-free fee plus expenses. Is this true?
You’ve received several requests for compassionate leave over the past few months. When can you say “no” and how you should deal with such requests as a matter of policy?
Like many employers, you’re confident that you can identify the sort of behaviour that can be dealt with as gross misconduct. But a new case suggests that you must be very careful before you act. So how should you deal with it?
Many people like a drink or two and unless you’ve a strict no alcohol policy, may drink during work hours. Most of the time it won’t be a problem, but what happens if an employee gets excessively drunk. Is it safe to dismiss?
The VATman visits businesses every few years and goes through the accounting records. He may or may not find any errors but when he is finished can you assume that everything is OK?
Divorce and the family home(s)
When couples divorce the last thing on their minds is likely to be the Capital Gains Tax implications of their actions. What are the traps concerning the ex-family home(s) and how can they be avoided?