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EMPLOYMENT MATTERS COMPULSORY RETIREMENT EAT RULES THAT COMPULSORY RETIREMENT CAN BE JUSTIFIED LIBERAL DEMOCRATS EXPOSE PAY GAPS NICK CLEGG REVEALS PLANS THAT WILL BE INCLUDED IN THEIR MANIFESTO APPLICANTS NOT TO DISCLOSE CRIMES COURT RULES THAT APPLICANTS NEED NOT DISCLOSE MINOR CRIMES www.employment-lawuk.co.uk | ISSUE AUGUST 2014 EDGE TRANSPORT Sarah Lowe speaks to Jenny Edge, Commercial Director of Edge Transport on their move to Deeside Fines for Employers Ill-Prepared For Pension Enrolment FOCUS Fines For Ill-Prepared Employers Ill prepared employers face fines over auto pension enrolment of their employees. Road Saftey Week Philip Goose From Brake urges employers to get involved in Road Safety Week Age Diversity CIPD warn that half of all SME’s are not prepared for age diverse workforce Why You Need Aventi 10 Reasons why employers need Aventi Employment Solutions

Employment Matters Magazine - August 2014

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Focus: The Transport Sector Edge Transport Brake’s ‘Road Safety Week’ Driver Training

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Page 1: Employment Matters Magazine - August 2014

EMPLOYMENTMATTERSCOMPULSORY RETIREMENTEAT RULES THAT COMPULSORY RETIREMENT CAN BE JUSTIFIED

LIBERAL DEMOCRATS EXPOSE PAY GAPSNICK CLEGG REVEALS PLANS THAT WILL BE INCLUDED IN THEIR MANIFESTO

APPLICANTS NOT TO DISCLOSE CRIMESCOURT RULES THAT APPLICANTS NEED NOT DISCLOSE MINOR CRIMES

www.employment-lawuk.co.uk | ISSUE AUGUST 2014

EDGE TRANSPORT Sarah Lowe speaks to Jenny Edge, Commercial

Director of Edge Transport on their move to Deeside

Fines for Employers Ill-Prepared For Pension EnrolmentFOCUS

Fines For Ill-Prepared EmployersIll prepared employers face fines over auto

pension enrolment of their employees.

Road Saftey WeekPhilip Goose From Brake urges employers to

get involved in Road Safety Week

Age DiversityCIPD warn that half of all SME’s are not

prepared for age diverse workforce

Why You Need Aventi10 Reasons why employers need Aventi

Employment Solutions

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EDITOR’S LETTER

3 EDITOR LETTERRichard Burnett comments on some of this month’s features & issues.

5 EMPLOYMENT NEWSWe round up this month’s employment and HR news taken from our news feed. Subscribe at: Employment-lawuk.co.uk

8 AUTO ENROLMENTEmployment Solicitor Rachel Hughes warns that a lack of understanding about auto-enrolment could see transport firms and employers face fines

10 BRAKE SAFETY WEEKRoad safety charity Brake is coordinating its annual ‘Road Safety Week’ and urging employers to get involved in the UK’s flagship road safety event.

11 DRIVER TRAININGResearch commissioned by Institute of Advanced Motorists (IAM) reveal that 72%of people have never been offered training, but 44% of drivers would welcome it.

10 AGE DIVERSITYCIPD warn that half of all SME’s are not prepared for age diverse workforce. We look at how employers can analyse what they are currently offering to older workers to ensure that they are fairly treated.

14 JENNY EDGECommercial Director Jenny Edge talks about her role at Edge Transport and the business’ move to a new 6 acre site in Deeside.

16 WHY YOU NEED AVENTI10 Reasons why employers need AventiEmployment Solutions

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contentsEMPLOYMENTMATTERS

ROAD SAFETY WEEK

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INTERVIEW:JENNY EDGE

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Welcome to the August edition of Employment Matters Magazine - a dedicated employment magazine written for employers and business owners.

Focus on TransportIn this month’s edition of EMM, we look at employment issues affecting transport and haulage firms. We speak to Jenny Edge of Edge Transport about how Aventi provides her invaluable legal support and hear from Philip Goose about Brake’s upcoming ‘Road Safety Week’.

Jenny EdgeThis month Sarah Lowe speaks to Jenny Edge, Commercial Director of Edge Transport, as thecompany renews its Aventi subscription for a second year.

Jenny also talks aboutthe company’s forthcoming big move from their two acre site in Wrexham to a new six acre site in Deeside.

The move will give the business greater warehousing capacity and allow them to recruit more staff at their new site.

News DigestWe’ve added a new feature to this month’s edition and included a brand-new news digest section. The news stories are taken from the news section from our website: employment-lawuk.co.uk/news.

Subscribe to receive weekly news updates from our website, Visit:Employment-lawuk.co.uk to subscribe.

EMPLOYMENTMATTERS

Welcome

byRICHARD BURNETT Editor

EDITORIAL & FEATURES Employment-lawuk.co.ukT: 0845 366 4416E: [email protected]

Aventi Employment SolutionsMurlain HouseUnion Street ChesterCheshireCH1 1QP

EDITOR’S LETTER

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A long running case of age discrimination has finally come to a head, with the Employment Appeal Tribunal (EAT) concluding that compulsory retirement at the age of 65 can be justified.Leslie Seldon is the former partner of a solicitors firm who was retired in 2006 by his employers. This was done in the name of a provision that was included in his partnership deed. This provision was deemed justified by the EAT during

Seldon’s first appeal in 2007 due to its aims of workforce planning, recruitment and retention and shared responsibility.Seldon then unsuccessfully appealed to the Supreme Court and the Court of Appeal, before again returning to the EAT. His argument was based on the fact that a compulsory retirement age of 66 could still have maintained the aims previously mentioned in his partnership deed, therefore rendering his retirement at 65

unjustified. The EAT once more upheld it’s previous decision, stating that although a later age may have been less discriminatory, 65 was still an appropriate age in this case.“The fact that it [the firm] might ... have identified a different date within very much the same age range but which was slightly later does not mean that there was an error of law”, said Mr Justice Langstaff, President of the EAT.

The Ministry of Justice have released information stating that the amount of cases taken to employment tribunal have fallen by 59% in the past year. Though officials from the MoJ claim that this is due to the resolution of multiple class action cases from airline cabin crew, unions have been quick to point out that new fees are likely to blame for scaring workers away from bringing a case against their employers.In the past a worker could take their employer to a tribunal free of charge, but changes implemented by the government last year mean that now a minimum of £250 is required to start a case, with the overall fee only increasing as the case goes on.Frances O’Grady, General Secretary of

the Trade Union Congress, thinks that these figures are certainly not down to UK bosses getting a lot nicer in the past year. “It’s simply because pursuing a complaint against a bad employer has become too expensive for many workers, and that is just plain wrong”, she states.Fears that justice is being reserved only for those that can afford it have been expressed by the TUC and Unison, though Justice Minister Shailesh Vara refutes this, saying, “It is not fair for the taxpayer to foot the entire £74m bill for people to escalate workplace disputes to a tribunal[...] As for those who cannot afford to pay, fee waivers are available.”

Sexual Discrimination claims increaseDespite the fact that the overall number of claims made to the UK Employment Appeal Tribunal has fallen by 80% since the introduction of fees, new research shows that sexual discrimination claims have risen to their highest recorded rate in four years. Whereas sex-based claims made up only 38% of cases two years ago, they now make up more than half of all claims, standing at 55%.

Although there are many theories as to why this is the case, it is widely believed that it is due to compensation caps on many claims, such as the £76,574 cap on unfair dismissal, employees are deterred from pursuing a case. In sexual discrimination cases however, there is no such limit on how much compensation can be claimed.

Priced out of Justice?

Compulsory Retirement at 65 is Justified

EMPLOYMENT NEWS

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Applicants Not To Disclose Minor Crimes

Aventi Instrumental in Edge Move

Liberal Democrats Expose Pay GapsThe Liberal Democrats have revealed plans that will be included in their upcoming election manifesto. A key point will be that companies with 250 employees or more will be required by law to show the “pay gap” between its male and female workers. The Lib Dems have suggested this move before from within the coalition but were overruled by the Conservatives, who instead choose to encourage companies to publish, though they are under no legal obligation to do so.Taking a strong stance on the matter, Deputy Prime Minister Nick

Clegg said: “Real equality means fair pay. It’s time to accept that the voluntary approach does not go far or fast enough […] We need to lift the lid on what big companies pay the men and women they employ, with that information there for every employee and customer to see.”With fractures already showing in the Liberal Democrat and Tory relationship, this move has been passed off as little more than a PR stunt by some Conservative sources, and more rifts begin to form.

The supreme court has ruled that it is unnecessary for job applicants to disclose minor crimes in their past during background checks, stating that this is a breach of the applicant’s human rights. This ruling came about when a man, identified only as “T”, took a case to the court of appeal. T had been given a caution when he was 11 years old for stealing a bicycle, and later in life he was denied work at a football club and also a place in a University because of it.The Court of Appeal ruled in T’s favour, and the Supreme Court has now upheld that decision, meaning that it will apply to all job applicants in the United Kingdom.The judges that presided over the case

have gone on record as stating that forcing such minor offences to be revealed during the application process was, “not based on any rational assessment of risk”.Neil Tune, the HR Director of Fitness First, has said about similar judgements, such as CCJS, “it may be the case someone got in trouble due to difficult circumstances at one stage in their life. It doesn’t make sense to rule people out hands-down for these things.”The ruling is being seen as a victory for the Ban the Box Campaign, which seeks to gain more workplace opportunities for those with convictions.

Employment experts, Aventi Employment Solicitors have been instrumental in Edge Transport’s relocation from Wrexham to bigger premises in Deeside. Speaking in this month’s EMM, Jenny Edge, Commercial Director of Edge Transport, said: “It’s the right place for us to be to move forward most definitely and has always been our preferred location. It’s such a huge thing and it’s just good to have the support of Hillyer McKeown”

Read more of Jenny’s interview on p14

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The Attorney General of the European Court of Justice has expressed an opinion that obesity could be considered a disability, and that employers have an obligation to assist overweight employees.In a recent Dutch case, a child-minder who weighed 25 stone was dismissed from his role because he could no longer perform his duties adequately, such as bending over to tie a child’s shoelaces. The employee claimed discrimination on the grounds of obesity, which he considered to be tantamount to a disability.

Although there is no actual right to claim discrimination, the Attorney General pointed out that in some cases obesity can effect a persons endurance, mood and mobility, thus rendering them effectively disabled. If this is the case, they argue that employers are obliged to make adjustments to their work space in order to benefit them. These changes could be such things as locating individuals on the ground floor to allow safe escape in the event of a fire, providing parking spaces closer to the entrance and removing physical aspects of certain roles.

Shadow Health Secretary Andy Burnham has said of Britain’s obesity issue, “This is a problem we can’t carry on ignoring. It is storing up great problems for the NHS in future […] A lot of the time people don’t realise just how high in fat, salt and sugar some products are.”

Though the EU Court has no obligation to agree with and follow the opinion of the Attorney General, it very often does. Many employers may resent these extras costs, as they have been caused by what is frequently thought of as a self-inflicted disability.

A recent case has reaffirmed the inclusive way in which whistleblowing laws bill be applied within the UK. In the case of Keppel Segher v Hinds a health and safety advisor (Hinds) claimed that during a particular project, he made disclosures which he believed to be protected under the whistleblowing legislation, and therefore claimed employment protection.

Because Hinds was recruited for the project via an agency, and therefore not a direct employee, the engineering company for which he was working disputed his right to whistleblowing protection. Because there was no direct contract between Keppel Segher and Hinds, but only contracts between Hinds and the recruitment agency and Keppel Segher and the recruitment agency, it was argued that Keppel Segher could not have the claim made against them.

The Employment Appeal Tribunal found that Hinds did have the rights of a protected worker for whistleblowing, stating that all tribunals should seek to provide protection for whistleblowers wherever possible. They ruled that, although Hinds and the engineering company had no direct contract, it was the end user that was in control of the terms in which Hind must conduct his work.

Whistleblowing is an area where employers should be cautious, as although the new proposals to the legislation don’t make a marked difference overall, the law does apply more broadly than in other areas. Therefore, employers can potentially be held to account not just by their own employees, but by agency workers, home workers and even students.

Whistleblowing Protection Disputed

Employers out of Pocket by Obesity Ruling

EMPLOYMENT NEWS

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TRANSPORT ISSUES

A lack of understanding about their auto-enrolment legal obligations could see small haulage and trasport firms facing fines, law firm Hillyer McKeown has warned.

Since October 2012, employers have been required to ‘opt-in’ all eligible workers to the scheme but the process is a gradual one with companies of different sizes needed to implement the new legislation at different staging dates. A staging date refers to the date that your employer duties first apply and now, businesses with a PAYE scheme size of between 249 and 160 must prepare for the changes.

“SMEs must get ready for auto-enrolment or risk facing fines” said Justine Watkinson, Partner and Head of Employment Law at Hillyer McKeown.

“There are best practice and legal requirements for auto-enrolment and it is important that managers communicate these changes to their employees. Now is the time for small and medium-sized businesses to do so.”

If business owners encourage employees to opt-out of auto-enrolment, they could face fines for “coercion”. It is illegal for employers to do this and if they are found to be doing so, they could face fines from the Government of between £1,000 and £5,000 for every breach, depending on their size.

“There is a cost that must be factored in to a business’ financial planning and employees will also face deductions from their salaries if they don’t choose to opt out,” Justine continued.

“Auto-enrolment must be accounted for by all employers at some stage and the time has come for SMEs to plan for the change – if you would like some advice on how to implement these changes for your employees, contact me or a member of my team.”

Do you want to know more about auto pension enrolment? Speak to one of Aventi’s expert employment solicitors. They will be able to help and advise you on what your obligations are as an employer.

Employers Face Fines Over Auto Pension EnrolmentEmployment experts warn that a lack of understanding about auto-enrolment could see transport firms and employers face fines

by RACHEL HUGHESEmployment Solicitor

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Brake Urges Employers To Get Involved In Road Safety WeekRoad safety charity Brake is coordinating its annual ‘Road Safety Week’ and urging employers to get involved in the UK’s flagship road safety event.

R oad safety charity Brake is coordinating its annual ‘Road Safety Week’ and

urging employers to get involved in the UK’s flagship road safety event.

Taking place from 17-23rd November, this year’s event is sponsored by RSA and Specsavers, and will run with the theme ‘look out for each other’. Brake is encouraging employers of all sizes and operating in all industries to get involved by visiting their website www.roadsafetyweek.org.uk and registering for a free e-action pack.

“At Brake we work to promote road safety awareness, safe and sustainable road use and effective road safety policies,” says Philip Goose, Brake’s senior community engagement officer. “Brake is a national, government-funded provider of support to families and individuals devastated by road death and serious injury.

“Brake coordinates the UK’s flagship road safety event, Road Safety Week, running this year from 17-23 November. Road Safety Week, supported by headline sponsors RSA and Specsavers, is now in its 18th year. Almost 8,000 educators, communities, employers, organisations and individuals registered to take part last year. This year we hope that this event will be bigger than ever and want you to get involved to help this happen.”

So how have companies got involved in Road Safety Week in the past? Last year, organisations such as Network Rail, Sainsbury’s and Q Park all pledged

their support for the event by holding their own events and promoting awareness by putting up posters about the initiative for staff and customers.

“This year’s theme for Road Safety Week is ‘look out for each other’,” Philip continued. “We all use roads or walk on streets alongside them on a daily basis, either travelling for work, going running or cycling, or walking children home from school. However, although we use them on a frequent basis, we sometimes do not think about the dangers, every day five people die on UK roads.

“At Brake we are encouraging employers and fleet operators to play a part in making roads safer by registering online

at roadsafetyweek.org.uk/organisations to take part in the Week. You could get involved by running Pledge training, promoting the theme through staff and customer bulletins, sponsoring a giant Road Safety Week banner, or running other fundraisers. If your organisation has staff who drive for work you could join Brake Professional at www.brakepro.org to make use of low-cost best practice guidance and access to discounted events.”

Still unsure about you could get involved? Join Brake for a free webinar on Wednesday 10th September. Find out more at www.brakepro.org/events or email [email protected]

TRANSPORT ISSUES

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TRANSPORT ISSUES

S even out of ten people who drive for work are never offered training, according to new research.

The figures, obtained as part of an ongoing ‘Drive & Survive‘ initiative commissioned by the Institute of Advanced Motorists (IAM), suggest that 72% of people have never been offered training, but 44% of drivers would welcome it. Just 3% of respondents said they had been offered training but declined.

When asked which aspects of their driving they believed could be improved by training, 29% said they would benefit from a refresher Highway Code course, 19% said fuel efficient driving, 17% felt training on sticking to speed limits would be beneficial and manoeuvring and parking was the top choice for 14% of respondents.

Although a high number of respondents welcomed the idea of training, just under half of those surveyed said they would not be interested, with some believing it was not necessary and others feeling it would take too much time.

An estimated 1 in 3 fatal and serious accidents involve people who drive for work and by law employers must protect their employees when they are out on the road. Businesses who fail to do so can be found guilty of corporate manslaughter, under the Corporate Manslaughter and Corporate Homicide Act 2007. Driving for business sits within this legislation as serious management failures would be cited in the gross breach of a duty of care.

Chief executive, Simon Best, said: “These findings reflect poor management decisions

as business leaders fail to act to adequately protect their employees and in doing so put them and other road users at risk.

“A third of accidents involve somebody driving for work and these results show that government initiatives to enforce driver safety are simply not working. It is clear that businesses such as ours must work even harder to get the message out on the importance of continuous development.

Do you employ drivers in your company? What are your views on this survey? Join in the discussion on our ‘Employment Matters Magazine’ LinkedIn group.

by RACHEL HUGHESEmployment Solicitor

7 In 10 Drivers At Work Never Offered TrainingResearch commissioned by Institute of Advanced Motorists (IAM) reveal that 72%

of people have never been offered training, but 44% of drivers would welcome it.

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Nearly half of small businesses don’t have any activities in place for older workers, a CIPD survey has found.

As a result, companies could be risking their growth, the HR professional body said, because they are failing to adapt to a changing, age-diverse workforce.

Almost nine in ten of the SMEs surveyed said they recognise the contribution that older workers can make to a business however 60 per cent said they had never actually recruited a mature worker.

The report suggests that smaller businesses aren’t going far enough to ensure they

have the same access to diverse people of all ages as bigger businesses do.

Of the employers questioned, 56 per cent said they saw the value of recruiting older workers for improved knowledge sharing, 34 per cent for better problem solving and 21 per cent for enhanced customer service.

However, 18 per cent of senior managers surveyed revealed that they were put off hiring older workers because they were concerned about age stereotyping, 16 per cent by a lack of shared interests and 14 per cent by perceived misunderstandings. Nearly half of SMEs shared a concern that young managers would struggle to manage

older workers if they came on board.

The report questioned 578 senior SME decision makers across the UK and was conducted in partnership with the Scottish Centre for Healthy Working Lives. The results follow the 2011 announcement regarding the abolishment of the default retirement age, but still employees over 65 account for just 5 per cent of the SME workforce in the UK.

On the back of these findings, the CIPD said employers need to be monitoring the average staff age profile of their workforce and increase the level of attention they put on career guidance, internships and

CIPD Warns That Half Of SMEs Are Not Prepared For Age-Diverse Workforce

TRANSPORT ISSUES

“ Employers are currently missing a trick by not offering flexible working to all employees and by not adapting to the changing needs of a changing workforce

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apprenticeships, as these affect both the younger and older generation when they are seeking employment. They also said that current employees may need greater support when it comes to making some of the more difficult decisions later in their careers as currently, a third of employers offer mature workers no support whatsoever for the extension of their working life. Some employers do offer some support however, with 34 per cent, offering flexible working options to older employees, 25 per cent operating a flexible retirement policy and 22 per cent offering homeworking.

Dianah Worman, public policy advisor at CIPD, said: “It’s good to see that small businesses, just like their large business peers, clearly see the benefits of an age diverse workforce,” said Dianah Worman, public policy advisor at CIPD. But, she warned, “on the whole, we found that small businesses have a lot more to do if they are to tap into the full range of benefits an age diverse workforce can bring.”

“Employers are currently missing a trick by not offering flexible working to all employees and by not adapting to the changing needs of a changing workforce. Healthcare, provision for employees with caring responsibilities – these are just some of the many things SMEs need to be thinking about now to prepare for the future.

Rachel Reid, Employment Solicitor at Hillyer McKeown, said: “It’s really important that employers analyse what they are currently offering to older workers to ensure that they are treated fairly and to also maximise their potential.

“By recognising the different options available to them, employers can give their business a real competitive advantage with a happy and fulfilled workforce. However, failure to identify where changes need to be made could mean they are missing out on talented older workers who could have a lot to offer their business.”

“ It’s really important that employers analyse what they are currently offering to older workers to ensure that they are treated fairly and to also maximise their potential

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Q What does a typical day entail for you?A There’s not really a typical day but generally on most days I will be dealing with some

general customer queries and account management-type work. This afternoon I’ve got an appointment with an existing client to conduct a review. I go out to visit potential customers and write proposals. With the Deeside move at the moment, I’m involved in many discussions with members of staff about the implications of the move - some members of staff are going to be affected more than others with regards to the location. I’m also overseeing the contractual aspects of the move and the physical relocation of the staff, making sure that everybody’s happy. There have been quite a few consultations and we’ve also welcomed several new members of staff recently so I am heavily involved in that and the recruitment side of things.

Q How do you go about recruiting people that help you to achieve your goal of providing top-class customer service?

A Initially what we do is work with an agency to agree a job description and then they put the feelers out to find individuals that may be suitable. However, if there’s anything that comes out of this process which is slightly different in terms of employment contracts etc. then this is where we would draw on Aventi.

Q How do you manage your staff operations day-to-day for staff in such varied roles?A We’re having a bit of a restructure and recruitment drive at the moment, so what we’re

doing is setting out what we call 1-1 goals and responsibilities for people and getting staff involved in that. We ask staff to work in groups, looking at the here and now but also encouraging them to prepare for the move. We really want people to take ownership of their own roles and responsibilities and ultimately this will allow us to get the best out of our staff. It’s about people having an influence in their own work, feeling like they have a part to play in the business and making sure they feel valued. We’ll have regular meetings with staff but obviously it’s a little more difficult for the drivers to do that because they’re generally not on site. So we’ll see them first thing and last thing in the evening. However, our operations manager will have meetings with the drivers so that they will be briefed on everything as they come in. Inevitably, it’s a little more ad-hoc with the mobile staff, which is purely down to the practicalities of it. Moving forwards with the new site, we will perhaps be able to build up a structure with drivers and offer more training for everybody. Deeside is an enterprise so there’s so much opportunity for increased training.

About JennyJenny Edge joined her family business, Edge Transport, in 1999, taking on the role of Commercial Director.

Jenny is responsible for all of the commercial activity that the firm undertakes as well as the account management of clients, and certain business development activities. She oversees all human resources management in the firm with the help of Aventi. Jenny is also responsible for many aspects of the imminent Deeside move, meeting with employees to discuss the impact that this will have on them.

Over the years Jenny has been involved in commercial development within the Palletline network and was responsible for the introduction of HealthShield to the business.

INTERVIEW

Q What does a typical day entail for you?A There’s not really a typical day but generally on most days I will be dealing with some general

customer queries and account management-type work. This afternoon I’ve got an appointment with an existing client to conduct a review. I go out to visit potential customers and write proposals. With the Deeside move at the moment, I’m involved in many discussions with members of staff about the implications of the move - some members of staff are going to be affected more than others with regards to the location. I’m also overseeing the contractual aspects of the move and the physical relocation of the staff, making sure that everybody’s happy. There have been quite a few consultations and we’ve also welcomed several new members of staff recently so I am heavily involved in that and the recruitment side of things.

Q How do you go about recruiting people that help you to achieve your goal of providing top-class customer service?

A Initially what we do is work with an agency to agree a job description and then they put the feelers out to find individuals that may be suitable. However, if there’s anything that comes out of this process which is slightly different in terms of employment contracts etc. then this is where we would draw on Aventi.

Q How do you manage your staff operations day-to-day for staff in such varied roles?A We’re having a bit of a restructure and recruitment drive at the moment, so what we’re doing

is setting out what we call 1-1 goals and responsibilities for people and getting staff involved in that. We ask staff to work in groups, looking at the here and now but also encouraging them to prepare for the move. We really want people to take ownership of their own roles and responsibilities and ultimately this will allow us to get the best out of our staff. It’s about people having an influence in their own work, feeling like they have a part to play in the business and making sure they feel valued. We’ll have regular meetings with staff but obviously it’s a little more difficult for the drivers to do that because they’re generally not on site. So we’ll see them first thing and last thing in the evening. However, our operations manager will have meetings with the drivers so that they will be briefed on everything as they come in.

Inevitably, it’s a little more ad-hoc with the mobile staff, which is purely down to the practicalities of it. Moving forwards with the new site, we will perhaps be able to build up a structure with drivers and offer more training for everybody. Deeside is an enterprise so there’s so much opportunity for increased training.

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Interviewwith

Jenny EdgeSarah Lowe speaks to Jenny Edge, Commercial Director of Edge Transport, as the company renews its Aventi subscription for a second year. Jenny also talks about the company’s forthcoming big move to Deeside

Q How did you hear about Aventi?A We came on board last year after I’d got to know Rachel at a business

networking event. At the time, we had an ex-employee who tried to take us to an employment tribunal so they put a claim in and that’s where Rachel stepped in. I suppose Rachel could have just charged us for it all and then said mentioned that you had a fixed-fee product available when the tribunal was through, but no. I think what she was trying to do was ascertain the best way forward for us in terms of cost effectiveness. At that point the Aventi scheme just seemed like such a good idea. With everything that’s gone on since if we’d have paid hourly it would have cost us so much money, but in hindsight to have a service like Aventi in place prior to something like a tribunal is always a better idea because you know that it’s managed at the first instance.

Q Day-to-day, how does Aventi help you?A I’ve got an idea of how to manage things fairly well - I’ve worked in this

role for a while and I’ve studied for the CIPD qualification, so I know which questions to ask, but when faced with an employment tribunal, all these little things come out of the woodwork and you start thinking ‘did I box that off?’ or ‘if I’d done this again I’d have perhaps added that onto a letter or that wording’. It’s learning what the consequences are and having Aventi means you can rest assured that every single consequence has been boxed off; if somebody does come back at you, you can be really confident that you’ve got it covered. Trying to do it yourself is really difficult.

Q How do you rate the service you receive from Aventi?A Hillyer McKeown and Aventi are the central for us. In comparison

with previous experience I’ve had with other companies, Aventi offers a far more personal service. It’s all about trust and relationships – we use Hillyer McKeown for all of our legal aspects now because the relationships are there and the trust is there and we know that everybody is aware of what our business is about. It’s about having people there that understand you and understand your business requirements so they can come to you with a holistic approach to it – we’re really happy with the service we’re getting.

Also, fixed costs are always easier to manage in a business. When you’ve got a budget for the legal side of things, if you’ve got a fixed cost you can accrue that cost over a twelve month period so for your forecast and your cash flows, it’s a lot easier. That’s a big thing for companies because you’re not suddenly hit within one particular month or every two months a huge bill which you’ve not accrued for. It’s like all of us – if your boiler goes in your house you wouldn’t necessary have that money – it’s like insurance. It’s good for keeping tabs on where you are and what you’re spending. There’s always going to be some ad hoc things that come your way but the more you can try and fix your costs with certain things, the easier it is.

Q Finally, you will soon be completing your big move! How do you envisage that this will benefit your business going forwards?

A Deeside is a great location; there’s so much around there and it’s great for road networks for us - obviously with us operating in transport it puts us more in the middle of our customer base generally. We’ll also be right where the developments are - Deeside is a growing area – it’s the right place for us to be to move forward most definitely and has always been our preferred location. It’s such a huge thing and it’s just good to have the support of Hillyer McKeown. The new site will also allow us to significantly grow the business. We recruit 50 staff at the moment and are based at a 2 acre site, whereas Deeside offers us a 6 acre site. The business will evolve because at the moment we primarily do transport so we haven’t really got much of a warehousing facility – at the new site we’ll have much more capacity for warehousing. People tend to want to move what they’re storing fairly quickly so growth in the warehousing will bring growth in the transport side and inevitably growth in human resource so more and more we’re going to be developing the personnel and HR side of things. This means there will be increased opportunities for employees i.e. more management roles within the firm. Different roles are going to come up. Currently I deal with some of the human resource side of things, along with our transport manager and some of the other directors. This could be something that has the potential to cause problems, but that’s what’s great about Aventi. Any one of us can phone you up, have a discussion and get a response. We just have to know where to call.

Page 16: Employment Matters Magazine - August 2014

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AVENTI EMPLOYMENT

W e look at 10 reasons why your business needs Aventi Employment Solutions:

01 Support: You will have unlimited access to specialist employment

solicitors who can support all your employment and HR needs with complete and commercially sound legal advice.

02 Protection: Aventi’s unique Legal Expenses cover ensures that your

business is protected from expensive tribunal claims.

03 Improve Cash Flow: Aventi is a fixed fee service so you know exactly

how much it is going to cost and can budget for the financial year knowing that all your employment and HR advice is covered.

04 Save Management Time: Knowing that your Managers have the resource

to resolve employment and HR queries quickly and professionally will allow them to spend more time focusing on the growth and improvement of your business.

05 Compliance: Aventi will keep you and your documentation up to date

with any changes and developments so you have all your ducks in a row! Aventi also offers health and safety support to ensure you fully comply with your H&S obligations.

06 Personal Service: Aventi gives you direct and speedy access to a

specialist employment solicitor who will take the time to get to know you and your business personally. Unlike other schemes Aventi does not have a call centre. Our Aventi Service is delivered by our technically excellent qualified employment solicitors.

10 Reasons Why You Need Aventi Employment Solutions

07 Insurance: Aventi’s unique Legal Expenses cover ensures that your

business is protected from expensive tribunal claims. A key feature is that you are not compelled to take our advice about an issue to be covered by the insurance. The small print with other schemes says you must take advice every step of the way and follow the advice to have the full benefit of the insurance cover; with Aventi Employment Solutions we offer a pragmatic and commercial approach which allows you to run your business as you see fit and still have the benefit of the cover.

08 Legal Privilege: We are solicitors therefore you will never need to

disclose our advice in any court case or tribunal proceedings. Advice given by a non-solicitor or consultant is always subject to disclosure to a court, no matter how damaging the consequences to you and your business.

09 No handcuffs: You will not be tied in to a long contract. We are

so confident that you will benefit from our service and renew, you can take Aventi for just 12 months (unlike other schemes which require a 3 or 5 year commitment).

10 Full Service: Our excellent reputation for quality service is

supported by a full service Commercial Law Firm. As part of Hillyer McKeown LLP we can offer you access to the full range of commercial legal services to complement every aspect of your business, from buying and selling commercial property, to dealing with intellectual property issues, handling commercial disputes, preparing effective terms of business, debt recovery and everything in between.

For more information visit: employment-lawuk.co.uk

by RACHEL HUGHESEmployment Solicitor

LEGAL SOLUTIONSaventi ®

Page 17: Employment Matters Magazine - August 2014