In this issue… Page Ros Campbell 2 Zero hour contracts 2 Employment Tribunal: an al-ternative? 3 Training/ Events 3 Legal update 4 Disclosure service 4 TUPE 5 Home Working 6 - 7 Electroville 8 Contact us 8

Issue 26

Jul 2013

PERS Services

Advice and insurance: a very quick Questionnaire! We are concerned about the quality and cost of HR support packages that are being provided by some insurance companies. So we are looking at the possibility of linking with an insurance provider to offer a joined insurance/employment law support package which meets the needs of the voluntary and other sectors. However, we need your help in preparing a cost effective package and we would like to hear from you about

your current arrangements. There is a very short questionnaire (http://tinyurl.com/q4kvca9 ) which we would like you to complete – it really will only take a few minutes and it will help produce a package that we believe will be extremely valuable to organisations. Please note that completing the questionnaire will not commit you to anything.

Quality Mark Contact us now to become involved with the development of our new Quality Mark.

Based on what we have learned from the sector about commonly occurring employment law and HR issues we are taking pre-emptive action and producing an employment and HR based Quality Mark that will provide organisations with an important management tool. By going through the Quality Mark process organisations will be better equipped to deal with HR matters in these uncertain times. To find out more and to get involved with its development contact shirley@pers.org.uk

Promoting, sharing and developing opportunities for best employment practice

Funded by

Newsletter

Advice, insurance and quality

Use it or lose it! You are only 12 weeks away from being unable to obtain advice from PERS em-ployment rights (ER) team unless you subscribe now. We are offering West York-shire VCS organisations access to our ER helpline until October 2014 (14 months) for only £200 – but only if you subscribe by 9th August. Don’t forget the free advice that you have been receiving from PERS over the last 3 1/2 years will be coming to an abrupt end on 11th October! But, you will still be able to access our helpline and all of the employment law and HR support you need by subscribing to PERS. See our website for details or email dave@pers.org.uk for more information.

Recruitment: Get it Right!

PERS has launched a new job advertising service. If you’re thinking about adver-tising a job you should consider talking to our HR advisors who can help you from the earliest stages recruit the right staff. We often advise on employment related problem where a different approach at the selection stage would have avoided difficulties later. We can help you with: job descriptions, person specifi-cations, application forms, in fact with the whole of the recruitment and selec-tion process. Members of and subscribers to PERS can advertise vacancies on our web site for free. The fee for non-subscribers is £30. Let us know what you need and email your requirements to: admin@pers.org.uk

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The government announced there is to be

a review of zero hour contracts. These

contracts do not stipulate guaranteed min-

imum hours of work, but the employer

expects the worker to be on call and come

in as and when needed. The opposition

state they are being used to circumvent

agency worker regulations (agency work-

ers must be given the same basic terms as

comparable employees after 13 weeks ser-

vice).

Some employers argue that zero hours contracts give workers choice which work-ing pattern to adopt, but in practice it is the employer who has all the choice not the worker. Additional, they leave the worker with no means to budget their fi-nances, as they are uncertain of how many hours they will work each week. Signing on and organising child care become a ‘logistical nightmare.’ Employment Rights staff at PERS can cor-roborate that problems are raised by workers calling the advice line, many of whom have been ‘employed’ by the same organisation for a number of years. The TUC welcomed the review, describing zero hours contracts as ‘exploitative’. PERS would like to see the end of their use in the voluntary sector. PERS is also very con-cerned about manipulative unpaid intern-ships, see p5.

Coming soon to a field near you?

At the end of June the Employment rights team were sad to wave goodbye to Ros Campbell, one of our senior advisors, as she retires from PERS and sets out on a new adventure. Ros and her partner Kevin have already ordered their dream camper van and intend to spend time together hitting the open road and exploring the UK's campsites.

Ros has been a committed defender of workers’ rights throughout her career and is well known in the advice sector in Leeds. She has contributed extensively to the work of PERS, originally as a Management Committee member and for the last 8 years as part of the ER team. She has also worked extensively with the CAB (17 years as an ER advisor before joining PERS), most recently bringing her expertise as a trainer to their courses. She continues to volunteer with a local CAB. We are sure that whatever she does next she will still do what she can to support the most vulnerable workers, using her vast knowledge of, and commitment to, workers’ rights. The ER team is sad to lose such a valued member. We will miss her

humour, integrity , extensive expertise and passion for employment rights. We are sure many of you will want to join us in saying a big thank-you to Ros for all her hard work and wishing her a fantastic retirement.

Ros with her cake baked by one of her colleagues, Nazia. Ros left with the best wishes of her colleagues, a whistling kettle - the essential accessory for all camper vans—and some vouchers for her new outdoor life.

Promoting, sharing and developing opportunities for best employment practice

Ros Campbell Zero hour con-tracts

PERS Services

To find out about our subscription service contact dave@pers.org.uk training packages contact anne@pers.org.uk telephone helpline call 01924 428030 consultancy service contact admin@pers.org.uk to take part in our quality questionnaire contact shirley@pers.org.uk

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The employment rights team provides free consultancy and mediation services to the voluntary sector in West Yorkshire.

Employment Tribunals (ETs) are going to start charging fees to claimants from 29th July. These will total £1200 (£250 + £950) for unfair dismissal and discrimination and £390 (£160 + £230) for redundancy, unpaid wages and notice pay claims respectively. However, claimants on means tested benefits or very low incomes at the time each fee falls due, will not have to pay these fees. The application form, for fee remission, EX160A, and some guidance on eligibility is available at www.hmcourts-service.gov.uk or http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex160a-eng.pdf. But there is another route to recover money owed by ex-employers. Advisors and workers alike need to think about whether to use an Employment Tribunal or the Small

Claims Court (SCC) for such claims. As with Employment Tribunals, in the Small Claims Court each party pays their own costs. But in the SCC employers can counterclaim more than they could at ET (where this is restricted to breach of contract claims, such as notice). Further if the claim and counterclaim add up to more than £10k or if the issues are complicated the case could be moved to a higher court where the loser pays the winner’s costs . These will be substantially greater than costs if the case had remained in the SCC. Small Claims Court will be cheaper for workers who have to pay, i.e. not eligible for fee remission, see EX50 on www.hmcourts-service.gov.uk

Like ETs, fees will be payable in 2 or 3 lots. The fees below apply to claims

online, and are slightly more if issued by/ submitted to a local court. Up to £300 owed, £25 + £25 = £50 £300 - £500, £35 + £55 = £90 £500 - £1000, £60 +£80 = £140 £1000 - £1500, £70 + £110 = £180 £1500- £3000, £80 +£40 +£165 = £285 £3K- £5000, £100 + £40 +£325 = £465. So for some claims above £3000 (£3K)it will be cheaper to use ETs . Like ETs, fees can be waived and workers will have to prove eligibility for waiver at each stage. Both systems encourage pre hearing settlements and ACAS may be willing to get involved in assisting at an early stage in the Small Claim process. They must help with ET claims. The Trade Union Unison has mounted a legal challenge to the introduction of fees in ETs and we await the Court’s decision.

An alternative to ET claims?

On-site training courses available more details from anne@pers.org.uk or www.pers.org.uk

Autumn Training Programme

Our final free employment law course funded by BIG was delivered this quarter. However, PERS will continue to deliver its high quality courses to update and inform you of current employment legislation and guide you on best practice. Let me know what topics you’d like to see this autumn by completing our on line training needs analysis at…

https://docs.google.com/forms/d/1Pr8hoLWX4SPZFeRvhMBhUUh4P4OfaerFEHfiJ9OUXjY/viewform

Or email me at:

AGM/ Event Employment Rights Vs Rights to Employment

PERS is holding a major event on 11th September 2013. It will be held at the Novotel Leeds Centre hotel so it’s easily accessible by public transport. There are two things to do to make sure that you do not miss this topical event: (1) put the date your diary! (2) go to our website (www.pers.org.uk) and register now.

Places limited , first come first served! anne@pers.org.uk

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The department of Business, Innovation and Skills recently published an update for the next round of employment legislation changes: 25th June No qualifying period for claiming unfair dismissal if the principle reason was an employee’s political opinions. This follows the European Court of Human Rights' (ECHR) decision in Redfearn v United Kingdom. Here a bus driver was dismissed after becoming a local councillor for the British National Party. The court ruled that it was a breach of his human rights that, just because he did not have the qualifying service, he was unable to claim unfair dismissal. Introduction of some changes to whistleblowing (Protected Disclosure) legislation. All claims must now be in

the public interest (in the worker’s belief) not just the worker’s own interests. Claims no longer need to be in good faith/desire to right a wrong but could be made for financial gain. However, if the tribunal finds bad faith it may adjust pay outs accordingly . Changes to various statutory payments , such as guarantee pay, (currently £24.40) and the cap on a week’s pay (currently £450) are to be made on 6th April each year. Prior to this we expected rises in February each year. Also they will be rounded to nearest £1.

29th July Introduction of settlement agreements. Previously known as compromise agreements, they allow employers to offer compensation to an employee to terminate their employment. This offer, or negotiations leading up to it, cannot be used against an employer in an Employment Tribunal (ET) in any ensuing unfair dismissal claim. ACAS will publish guidance, including template offer letters and a model agreement, in the forthcoming ACAS booklet, Settlement Agreements: A Guide. This is a draft version. October Removal of third party harassment from the Equality Act. 2014 Removal of discrimination questionnaire provisions in Equality Act.

PERS redundancy toolkit is available on our web site http://www.pers.org.uk/Publications.aspx

We have reported the changes to vetting and barring procedures, that apply to organisations working in ‘regulated activities’, in previous issues, October 2012, April 2013.

The new DBS Update Service commenced on 17th June. It will reduce bureaucracy by allowing individuals wanting to work in ‘regulated activities’ more control of their own DBS checks by

permitting portability of checks in similar roles. This will greatly advantage employees working in different workplaces who previously had to have a check for each location/ employer.

allowing employees to challenge the content of their certificate before it is released to third parties.

not issuing a copy of the DBS certificate to the umbrella body that signed the application. Instead employers will need to ask the employee to see it.

The changes will also speed up the recruitment process as employers will be able to check DBS status on line, with the applicant’s consent – this is a free service. Further, for £13 per year each subscriber will be provided with their own updated transferrable certificates. For more information on portability see, http://www.volunteering.org.uk/

Also from 29 May 2013 most minor or old convictions and cautions will not appear on a DBS certificate, and employers are prohibited from questioning applicants about them or

using them as a reason not to recruit or to dismiss an employee.

Employers can only apply for a check if the job is eligible, i.e. the post holder or volunteer will be undertaking ‘regulated activities’. Finally the DBS obliges ‘registered bodies’ to follow the DBS Code of Practice and have a policy on the recruitment of ex offenders . The latter should be made available early in the recruitment process to applicants, who are asked to undergo a check. For a model see, https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/143673/sample-policy-recruitment.pdf

Disclosure and Barring Service (DBS) Update

Summer employment law changes

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In Brief

Legislation/ Case law Every quarter we prepare a round-up of

new legislation and the most important employment law cases from the courts.

Keep up to date with changing legislation through PERS ‘ services: telephone advice line, consultancy, training, health checks.

TUPE legislation protects the rights of employees transferring from one organisation to another, for example when 2 or more organisations merge. TUPE applies to a business or ‘economic entity’, such as a number of employees transferred from one business to another doing the same job for the same clients. It also applies to changes in service providers, such as funders taking funding from one organisation and giving it to another.

Employee rights ‘TUPE’d’ employees maintain their continuous service and the terms and conditions they were entitled to under their former employer, ‘transferor’. Although some pension rights are protected, pensions may not be as good after the transfer as before.

Dismissals Tribunals will deem

dismissals for a reason connected to the transfer itself automatically unfair, provided staff have the relevant qualifying service. Dismissal for an Economic, Technical or Organisational (ETO) reason will be fair provided they involve changes to the workforce and the correct procedure has been followed. For example, an economic reason could be a drop in demand reflected in redundancies. A technical reason could be the transferee uses more modern equipment that requires less staff and an organisational one could be a new structure with combined roles.

Who transfers The employees who transfer are those that are employed at the time of the transfer. Recent case law has determined that includes dismissed

employees who subsequently have that dismissal overturned at appeal, but not those who have been dismissed and are still waiting their appeal.

Consultation TUPE legislation requires employers (both transferor and transferee) to consult with staff prior to the transfer. This includes telling the employees about the transfer and any effects that it may have on employees. Employers are required to consult with all ‘affected employees’, that is those that do the work that is transferring plus their colleagues who have roles that impinge on these employees’ duties. In a recent case an Employment Tribunal found that in a business that had two separate parts, the employees in one were not affected by a TUPE process in the other. However, this does not mean that affected employees are only those who do the transferring work.

TUPE Transfer of Undertaking (Protection of Employment)

How the employment rights team can help you As the above examples show following a TUPE process can be tricky for both employee and employers. It can also be very stressful to either party. The PERS ER team can guide you through the procedure and due diligence re-porting. We can also help draft policies or check yours are appropriate and le-gal. Call the team on 01924 428030.

NMW Enforcement

The National Minimum Wage (NMW)is enforced by Her Majesty’s Revenue and Customs (HMRC), see http://tinyurl.com/lv6uj4h In the past year they have investigat-ed complaints of non-compliance and penalised 708 employers, awarding back pay to 26,519 staff. Two cases stood out. A ‘major fash-ion chain’ was ordered to pay its 90 unpaid interns almost £60,000 and a ‘multi-outlet retailer’ was told to re-pay almost £170K to more than 6,000 workers. There were also successful cases against an employer who insisted its employees attended work without pay before opening time and another that required its workers to attend on-site training unpaid. See also Unite’s campaign to stop unpaid internships in the voluntary sector: http://tinyurl.com/lv6uj4h

If in doubt, use ACAS code

The ACAS code of practice (disciplinary and grievance proce-dures) applies to performance and conduct dismissal and not to redun-dancy and the expiry of fixed term contracts. However it is silent on some other substantial reason (SOSR) dismissals, see http://tinyurl.com/lm42hzc The Employment Appeal Tribunal has confirmed recently that the code should be used for dismissals for SOSR that are connected to conduct, but not necessarily all SOSR dismis-sals. So if in doubt, use the code.

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End of year

results Fun day

The PERS Home Working Service will be holding a fun day this Autumn. Further details and stall enquiries will be available on our website nearer the time or ask to join the mailing list by emailing admin@pers.org.uk

Home Working

Leaflet Update

Want to set up a business from home? The Home Working team have updated their leaflets. These are an excellent source of information and guidance for anyone who is exploring the option of setting up and running a business from home.

Partnership

Working

The PERS Home Working Service has successfully delivered its programme in Kirklees for the last few years. The team is currently looking at funding opportunities to expand it service cross West Yorkshire and is looking for organisations to work in partnership with. If you are interested in working with the service, please can you contact the team on 01924 428032.

HW subscription service

The PERS Home Working Service can now offer members a fantastic service to help grow and support your business. Our membership offer provides you with the following benefits:

Free advice from our business advisors

Discounts on training and development

Your logo/web link on the PERS website

Mentoring programme Discounted annual risk

assessment audit Give your business a

marketing boost Save money on traditional

advertising Share best practice through

our networking opportunities

Home Working members annual subscription fee is just £50.00—all this for less than 15p per day! Please contact the Home Working team on 01924 428032 for further details. We look forward to welcoming you as a member of the PERS Home Worker’s network.

Home Working Service supports and develops entrepreneurial skills to grow home based business

If you want any further information please call the Home Working Service on 01924 428032

Home Working In Brief

The Home Working Service came to the

end of another funding year at the end of

June. Some highlights of the targets

achieved are as below:

Training delivered to

175 participants

30 businesses sup-

ported and 23 busi-

nesses established

24 Kirklees organisa-

tions trained in the

service

33 health and safety

risk assessments car-

ried out

20 businesses bene-fitted from free equipment

Forthcoming training courses

The Home Working Service runs a variety of skill based accredited training courses. The next tranche of training will be available in the Autumn. If you are interested in attend-ing any of the courses please contact the team on 01924 428032 or visit the our web-site http://www.pers.org.uk/home-working for updates.

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Mayke & Bake…especially for you

Mayke & Bake, a home based business run by sisters Debbie Wilkinson & Pauline Longbottom, offers quality baking for all occasions. Both have passion and flair for baking and want to make your special occasion just that bit more memorable. They also offer traditional afternoon teas with a contemporary or modern approach, with extravagant specialty cakes, such as rose, lime & yoghurt. Debbie & Pauline can also offer gluten free products, a personal service in your own home and have interest from local shops.

Debbie and Pauline qualified for funded Food Safety Level 2 training through the PERS Home Working Service. They are currently working on their business plan with the support of PERS Home Working staff.

Debbie and Pauline have spent much time planning their business and working through each stage to ensure their new venture sets out on firm foundations. Please contact PERS Home Working Service on 01924 428032 for Debbie and Pauline’s contact details.

Holly Andrews – CPH Photography

Holly says “I had always aspired to go it alone, building and shaping my own business, and as my family has grown so has my business, CPH Photography. I have received a lot of help and support from PERS Home Working Service which has given me the confidence to push the business further. My main challenge was completing a business plan and PERS helped me from start to finish. In its embryonic form the business was designed to fit work around my new family. My business foundations are my qualifications and experience with National Photographers. “ CPH initially focused on a mobile service taking baby and family portraits. As it grew the range of photography expanded and now, with the help from PERS, I have a studio at

home which clients can visit. A mobile service can still be offered and I have visited dance and sports clubs, business events and schools. Recently I was offered a Pamper and Photo Party, specifically targeting girls’ parties. The parties include a non-alcoholic drinks reception, music, full makeover, hair styling and picture in our studio. Everyone left with a print of their choice and a number of beauty gifts and products. Working from home means health and safety is a priority and through PERS support the environment was made safe . They even provided a portable trolley for my equipment that enables me to safely move my equipment from venue to venue. One benefit of working from home and being self- employed is being able to structure my work around my children. As my business grows during these pre-school years I’m building foundations to enlarge it when my children reach school age. My business plan is for year on year growth but at a pace that is suited to my current circumstances. As I build my client base and reputation I also aim not to neglect my maternal role. CPH Photography can offer a more

personal touch than other

photographers. We offer bespoke

solutions to individual clients and are

methodical about our customers’

requirements. That, above all, is our

Unique Selling Point.

More success stories

If you want any further information please call the Home Working Service on 01924 428032

How the Home Working Service can help you

If you are thinking of setting up a business from home or would like support in looking for work to do from

home or are interested in partnership working with the project please contact the PERS Home Working Ser-

vice on 01924 428032 or text on 07970 672264. Visit our website on www.pers.org.uk or email ad-

min@pers.org.uk

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Electroville What do revelations about data security mean for the sector?

You may wonder what the data gathering antics of the USA government (the NSA and the PRISM data gathering system – revealed by whistle blower Edward Snowden) mean for our sector. To my mind, if you are using the services of one of the named Cloud providers (Microsoft, Google, Facebook, Apple etc.), then you will be sharing your data with the US Government. It’s not just me being alarmist. The EU has written to the US with a list of concerns. Also Sweden’s data protection authority prohibited the nation’s public sector bodies from using the cloud service Google Apps last month. Google's linked data policy allows it to collect information about its users across all its products, services and websites and store it in one place. This has been criticised by many organisations including Microsoft, all of whom have expressed concerns that it's difficult to tell which data Google collects and how it's used. Link that to Prism and we have open season. Why is this important? Well, potentially, if your data is about clients, it probably contravenes our own Data Protection Law. Some charities keep all their files (or back it up) in cloud based storage

rather than a server. Most of that data is held on servers in the US. Further some cloud based applications (e.g. Microsoft 365) are based in the US. So what can charities do about it? Well, quite a lot actually. Firstly, if you have not already got one, get yourselves a server on-site. Being a charity you have access to very cheap software –including server software – through the charity Technology Exchange, e.g. a new server, set up and installation is around £2000 plus VAT. Then you hold your key data. Secondly, if you are buying a cloud based package – ask where the data is stored. There is the so-called ‘Safe Harbour’ scheme (which says that the US Government will respect the privacy of data from outside the US) but it is now of questionable value given Prism. States across the EU are now asking serious questions. See: http://www.guardian.co.uk/world/2013/jun/10/european-reaction-us-surveillance-revelations/ . Currently the US Government can access data for its own reasons without complying with the laws in the countries where users are based. We all tell our kids to be careful on the net. We need to take care ourselves. Colin Harrison, Electroville.

Making IT easy Electroville is a non-profit support organisation for the voluntary sector derived from the Disabled People's Electronic Village Hall in Dewsbury in 2003. We are a social firm that em-ploys disabled people. Our Mission is to enable Voluntary and Community organisations achieve their objectives more effec-tively through Information & Com-munication Technology (ICT). Services ICT technical support. Using stand-ard remote management software. Website and database design and hosting. Social Impact Tracker. Web-based contact and contract management database. Training and Consultancy. Specialist strategic work for decision makers and social media. Electroville Bretton Street Enterprise Centre Bretfield Court, Dewsbury. WF12 9DB t: 01924 488725 w: www.electroville.org.uk

Pay & Employment Rights Service

Batley Enterprise Centre

513 Bradford Road

West Yorkshire, WF18 8LL

01924 428 033

Contact details www.pers.org.uk

admin@pers.org.uk

http://tinyurl. com.9yv5eo

@perscharity

We are a small charity who exist only on the funding secured. In the current climate our donors are cutting back and it is proving to be more difficult to maintain our ser-vices, especially in a time of recession.

It is for this reason we appreciate any donations made to the charity.