Managing during periods of hot weather

Working in hot temperatures

Although the Great British Summer often doesn't result in hot temperatures there will be times when the sun does come out and workers find themselves working in hot conditions. In the UK there is no maximum temperature that a workplace is allowed to be, rather advice from the Health & Safety Executive (HSE) states "during working hours, the temperature in all workplaces inside buildings shall be reasonable". What is reasonable depends on the type of work being done (manual, office, etc) and the type of workplace (kitchen, air conditioned office, etc).

The HSE offers further guidance on workplace temperatures including details on carrying out an optional thermal comfort risk assessment if staff are unhappy with the temperature - Health and Safety Executive (HSE) - Temperature.

Getting to work

Generally hot weather shouldn't affect journeys to work, but occasionally in the UK there might be an impact on public transport if temperatures go over a certain level. Train companies may limit the speed of trains in case the tracks buckle which may result in the late arrival of your train. You should check with your local train company to see if speed restrictions are in place or cancellations are expected and plan accordingly.

Keeping cool in work

While employers are not legally obliged to provide air conditioning in workplaces  they are expected to provide reasonable temperatures. If you have air conditioning switch it on, if you have blinds or curtains use them to block out sunlight and if you're working outside wear appropriate clothing and use sun screen to protect from sunburn.

It is also important to drink plenty of water and employers must provide you with suitable drinking water in the workplace. It is important to drink water regularly throughout the day and not to wait until you are thirsty as this is an indication that you are already dehydrated.

Fasting during hot weather

Many Muslims will fast each day from sunrise to sunset during Ramadan as part of their faith. This includes not eating food, drinking liquids or smoking. When Ramadan falls in the summer months it can be particularly challenging as the days are longer. Employees may wish to use annual leave when observing the Ramadan rules, and employers may help by holding meetings etc. in the mornings when energy levels are higher. Where possible employers could consider a temporary change in working hours.

Vulnerable workers

The hot weather can make workers feel tired and less energetic especially for those who are young, older, pregnant or those on medication. Employers may wish to give these workers, more frequent rest breaks and ensure ventilation is adequate by providing fans, or portable air cooling units.

Dress code in the workplace during hot weather

Employers often have a dress code in the workplace for many reasons such as health and safety, or workers may be asked to wear a uniform to communicate a corporate image. A dress code can often be used to ensure workers are dressed appropriately.

While employers are under no obligation to relax their dress code or uniform requirements during hot weather, some may allow workers to wear more casual clothes, or allow "dress down" days. This does not necessarily mean that shorts and flip flops are appropriate, rather employers may relax the rules in regards to wearing ties or suits.

Article by Acas

Sussex Property Professionals Dive Deep into Port’s Plans

Property professionals from across Sussex took to the water to hear about future plans for Shoreham Port, a thriving commercial Trust Port on the South Coast which manages the movement of 900 ships and 2 million tonnes of cargo every year.

Tim Hague, Director of Property & Development at Shoreham Port, led a water-borne tour of the port for members of the Sussex Property Alliance (SPA), with a particular focus on estate management, development opportunities and the increasing investment in renewable energy generation. 

Central to future plans is the release of land for development at the Western Arm, which will support the expansion of commercial shipping activities on the Eastern Arm and Canal through better use of vacant and underused sites.

“The aim is to increase capacity to achieve 25% growth in trade over the next few years through investment in new port facilities, such as increased warehousing and in terminals,” said Mr Hague.

Shoreham Port is currently home to 150 companies, generating £4m property income annually, with the huge demand for space resulting in 100% occupancy for the last eight years.

Robert Dowling, Partner at chartered accountants MHA Carpenter Box, which supports the SPA jointly with Bennett Griffin solicitors and Michael Jones commercial real estate agents, said: “Shoreham Port is vital to the fabric of the South East economy, particularly for the construction industry given the volume of timber, steel and aggregates that it handles. It has ambitious plans for the future that will not only increase growth in trade but also contribute to wider economic development and improved community facilities.”

The Sussex Property Alliance provides a forum where property professionals get together, exchange ideas, and build relationships.

www.sussexpropertyalliance.co.uk

Latest top 10 HR questions

Can employers carry out criminal records checks under the General Data Protection Regulation (GDPR)?

Under the General Data Protection Regulation (2016/679 EU) (GDPR), personal data relating to criminal convictions and offences can be processed only:

• under the control of official authority; or
• when it is authorised by law providing for appropriate safeguards for the rights and freedoms of data subjects.

On the face of it, this means that it would not be lawful for employers to carry out criminal records checks as a matter of course, unless they are recruiting for a role for which checks are authorised by law, for example roles involving work with vulnerable adults or children where a Disclosure and Barring Service check is required.

However, the Data Protection Act 2018, which supplements the GDPR, authorises the use of criminal records checks by organisations other than those vested with official authority (the GDPR includes a derogation to allow such legislation). The Act allows employers to process criminal convictions data where necessary for the purposes of performing or exercising employment law obligations or rights. To carry out such processing, an employer would have to have in place a policy that explains its procedures for securing compliance with the principles of the GDPR in relation to the processing of the criminal records data, and that explains its policies on erasure and retention of the data. The Act also authorises processing criminal records data in other circumstances, including where the subject has given his or her consent. This would allow employers to request a criminal records check where the prospective employee agrees to this, provided that the consent meets the specific requirements under the GDPR.

What should the employer and employee discuss at an individual redundancy consultation meeting?

The employer should meet with employees provisionally selected for redundancy for several individual consultation meetings. These will usually take place after the employer has provided the affected employees with general information, such as the reason for the proposed redundancies, and information about the selection process, either as part of the formal collective consultation, or in group meetings with the affected employees if no formal collective consultation is required.

At the individual meetings, the employer should ask the employee for any suggestions that he or she may have to avoid redundancies. It is important that the employer does not prejudge the outcome of consultation meetings; it should give serious consideration to any suggestions that the employee makes.

The employer should give the employee the opportunity to raise any objections to the basis for his or her provisional selection, for example by discussing the application of the selection criteria. It should discuss whether or not there is any suitable alternative employment for the employee, and explain what support is on offer if redundancy is confirmed, such as a reasonable amount of paid time off to look for new employment. The employer should explain the composition of any redundancy package and how the notice period will operate.

There is no set number of meetings that must be held during the individual consultation process, but it is likely that at least two meetings will be necessary to give the employee the opportunity to consider and respond to the information discussed. It may be necessary for the employer to hold further meetings, before redundancy is confirmed, to discuss any issues outstanding from the previous meetings.

Can an employer ask a prospective employee to fill in a medical questionnaire?

An employer can ask a prospective employee to complete a medical questionnaire, but only after it has made him or her a job offer and only if it complies with data protection requirements. Section 60(1) of the Equality Act 2010 prohibits employers from asking job applicants questions about their health before offering them employment (with some exceptions).

If an employer intends to ask prospective employees to complete a medical questionnaire after making them an offer of employment, it must ensure that it has a legal basis to do so under the General Data Protection Regulation (2016/679 EU) (GDPR), as this will amount to processing their personal data. The employer would have a legal basis if processing is necessary to establish an employee's fitness to do the particular work, to comply with health and safety obligations.

Information about an individual's health falls into the special categories of personal data under the GDPR. An employer can process special category data where this is necessary for the purposes of performing or exercising employment law obligations or rights, such as in relation to health and safety. The employer must have in place a policy document that explains how it will comply with the principles of the GDPR in relation to the special category personal data and that sets out its policies on retention and erasure of the data.

How should employers deal with employees who spend work time following sporting events on the internet?

Different employers take differing approaches to internet usage that is not work related. Some employers prohibit personal use of their internet facilities, while others allow employees to access the internet at work for personal use provided that usage is reasonable and/or during breaks. It is advisable for employers to adopt an internet policy that makes clear their approach in relation to employees' personal use of the internet, and to specify what is permitted in terms of time spent and the types of site that may be visited. In the run-up to major sporting events, such as the World Cup or Olympic Games, it may be worthwhile for employers to remind employees of their rules in relation to internet use and that those rules apply to the following of the particular event. Employers should also consider setting out their approach to the use of personal mobile devices to watch matches during working hours.

Where an employee breaches his or her employer's rules by accessing the internet to follow sporting events where personal use is not permitted, or where he or she spends an excessive amount of work time following the events, the employer should address the matter as soon as it comes to light. If the offence is minor (for example a one-off, minor breach of the internet policy) it may be sufficient for the employer to raise the matter informally with the employee. However, employers should deal with serious or persistent offenders under their disciplinary procedure.

Employers should treat any form of excessive internet use at work, whether it is reading sports coverage, researching holiday destinations or visiting shopping sites, in a consistent way, to help to avoid allegations of unfair or discriminatory treatment.

Is there a maximum workplace temperature beyond which employees cannot be expected to work?

The Workplace (Health, Safety and Welfare) Regulations 1992 (SI 1992/3004) state that, during working hours, the temperature in all workplaces inside buildings should be reasonable. However, the Regulations do not provide a maximum workplace temperature.

The Health and Safety Executive previously defined an acceptable zone of thermal comfort for most people in the UK as lying "roughly between 13°C (56°F) and 30°C (86°F), with acceptable temperatures for more strenuous work activities concentrated towards the bottom end of the range, and for more sedentary activities towards the higher end". What is reasonable will depend on the nature of the workplace and the activities undertaken.

Should regular overtime be taken into account when calculating weekly earnings for redundancy pay purposes?

Statutory redundancy pay is calculated using a formula that includes the employee's gross weekly pay, subject to a maximum. A week's pay is calculated based on the employee's "normal working hours" in a week or the average working hours in a 12-week period if his or her hours vary. Overtime is included in "normal working hours" only if the employee is entitled to overtime under the contract of employment, ie if the employer must provide overtime and the employee must work it. In that situation, the overtime pay will count towards a week's pay for the purposes of calculating statutory redundancy pay.

Can an employer reject an employee's choice of companion for a disciplinary or grievance hearing?

Under s.10 of the Employment Relations Act 1999, employees have the right to be accompanied at a disciplinary or grievance hearing if they make a reasonable request.

The employer must allow the employee to be accompanied by a companion who is chosen by the employee from three categories, set out in s.10(3) of the Act. These categories are: a trade union official employed by the union; a trade union official who is certified in writing by the union as having the necessary experience or training to act as a companion; or another of the employer's workers.

In Toal and another v GB Oils Ltd EAT/0569/13, the Employment Appeal Tribunal (EAT) held that there is no requirement for an employee's choice of a particular companion to be reasonable, provided that the companion is within one of the categories set out in s.10(3). The Acas code of practice on disciplinary and grievance procedures was amended in March 2015 as a result of this case, as the previous version suggested that a request could be unreasonable due to the employee's choice of companion, for example the choice of a companion from a remote geographical location if someone suitable was available on site. The EAT in Toal found the wording of s.10 to be clear. Section 10 states only that the request to be accompanied must be reasonable, not that the choice of companion must be reasonable.

Therefore, an employer should not reject an employee's choice of companion if he or she falls within one of the categories in s.10(3).

What is an "automatic unfair dismissal"?

If an employee is dismissed for certain reasons, set out in legislation, the dismissal will be automatically unfair.

The automatically unfair reasons for dismissal include:

• family-related reasons, such as pregnancy, maternity leave, adoption leave or shared parental leave;
• refusing to give up a right under the Working Time Regulations 1998 (SI 1998/1833), for example the right to a rest period;
• whistleblowing;
• taking action to enforce the right to be paid the national minimum wage;
• trade union membership or activities; and
• a TUPE transfer (where the reason is not an economic, technical or organisational reason entailing changes in the workforce).

If an employee brings an employment tribunal claim, and establishes that the dismissal was for one of the automatically unfair reasons, the employer will not be able to defend the claim. Employees do not require the usual minimum two years' service to be able to bring a claim for most of the automatically unfair reasons for dismissal (the exception is where the employee is dismissed because of a TUPE transfer).

For a full list of the automatically unfair reasons for dismissal, see Quick reference > Automatically unfair reasons for dismissal.

What rights of access do employees have to job references?

Generally, employees have the right under the General Data Protection Regulation (2016/679 EU) (GDPR) to access information that organisations hold about them. However, there is an exemption under sch.2 to the Data Protection Act 2018 (which supplements the GDPR) that allows employers to refuse to disclose a confidential employment reference to an employee or former employee if he or she requests access to it.

Under the previous data protection regime, the equivalent exemption relating to confidential references under the Data Protection Act 1998 applied only where the employee made the request to the employer that provided the reference. The employee could therefore access the reference by making a request to the employer that received the reference instead. This anomaly is removed by the Data Protection Act 2018.

An employer that is covered by the exemption and does not therefore have to provide access to the reference can choose to do so anyway. It should be careful not to disclose information about a third party, for example the person who wrote the reference, unless that person has consented to the disclosure or it is reasonable to disclose the reference without his or her consent. Where the third party does not consent, the employer could choose to disclose as much of the reference as possible without revealing the identity of the author, by the omission of the author's name and other identifying particulars.

When does a casual worker become an employee?

There is no simple answer to this question; the employment status of casual workers depends on the nature of the relationship between the worker and the employer. If an employer engages people on an ad hoc basis to help out during staff shortages or at busy times of the year, or when an emergency arises, accepting that they may or may not be available when it needs them, they are unlikely to be employees. But, if it regularises the arrangement with those workers and undertakes to provide them with work on specified days and at specified times of the week, on the understanding (accepted by them) that they will present themselves for work on those days and at those times, the chances are that the relationship between the employer and the workers will change to that of employer and employees. In the final analysis, it will be for the tribunals and courts to determine the true nature of the contractual relationship, based on the facts of each case.

MHA Carpenter Box Partner shortlisted in Accounting Excellence Awards

Nathan Keeley, Partner in the Business Services Group at Worthing and Gatwick-based chartered accountants, MHA Carpenter Box, has been shortlisted in the Software & Technology Pioneer of the Year category of the 2018 Accounting Excellence Awards.

It is unusual for a Chartered Accountant from an accountancy and business advisory firm to be considered for this award, which is usually reserved for prominent individuals within technology companies. Nathan, however, has always been a strong advocate of cloud accounting and has been at the forefront of the practical application of this technological advance and key to helping the firm achieve significant success and growth in this area over recent years.

As well as adopting cloud accounting software, Nathan has led development of MHA Carpenter Box’s own portal system, which clients can use to receive and send data confidentially. It includes digital signatures for online approval and the firm now has a total of 4,598 active accounts and over 48,000 documents have been uploaded since the portal was introduced.

Nathan commented: “I am delighted and surprised to be shortlisted for this award. Although I know that we have made tremendous progress at MHA Carpenter Box in developing our cloud accounting offerings, it is still a tremendous honour to be nominated. Our approach is based on a real in-depth understanding of the choices available and being able to talk knowledgeably regarding the solution that would best fit a client’s particular circumstances. We now have 1,550 cloud accounting clients as a result. We also have open dialogue and collaboration with software providers and fellow accounting professionals, feeding back where we think products could be improved or in areas that may not have been considered. The next big challenge will be the Making Tax Digital roll out which we’ve been planning for.”

MHA Carpenter Box achieved Xero Accounting Partner of the Year 2016/17 and ran its second successful technology-focussed exhibition for clients in 2017, BITE – Business, Information, Technology & Efficiency, with 46 exhibitors and attended by over 400 delegates.

Nathan now has to wait until 20 September when the winners of all the awards are announced at a glittering ceremony at the Intercontinental London, Park Lane.

www.carpenterbox.com

Adur and Worthing parks win Green Flag Awards

Five parks in Adur and Worthing have been awarded the coveted Green Flag status today by Keep Britain Tidy.

The international award scheme recognises parks or green spaces which are extremely well managed and have achieved the highest quality in environmental standards, beauty and visitor facilities. Considered amongst the best in the world, they are also recognised for their community engagement.

This year’s awards include the first ever Green Flag for Lancing Manor Park in Adur and for Marine Gardens in Worthing.

Adur & Worthing Council’s other 2018 Green Flag parks are: Beach House Park, Field Place and Highdown Gardens.

Cllr Emma Evans, Adur District Council’s Executive Member for Environment, said: “This is a wonderful achievement for the Council and particularly for the staff and volunteers who work so tirelessly to keep our parks looking beautiful and a safe and enjoyable place for local people.

“I’d also like to thank Andi Dunstan Contract Manager at Impulse Leisure and his team for  helping to develop a great partnership approach to the Green Flag Award application.”

Cllr Edward Crouch, Worthing Borough Council’s Executive Member for Digital and Environmental Services, said: “Worthing’s parks continue to set the highest standards. I’m delighted that our hard working staff and volunteers are recognised for the care and attention they put into making our green open spaces safe and attractive places to be.”

Keep Britain Tidy is a leading environmental charity which campaigns to reduce litter, end waste and improve public spaces, and runs the award under licence from the Ministry of Housing, Communities and Local Government.

International Green Flag Award scheme manager Paul Todd said: “Each flag honours the thousands of staff and volunteers who work tirelessly to maintain the high standards demanded by the Green Flag Award. We are proud to have so many wonderful green spaces in the UK for people to enjoy, and hope that next year, we award even more flags.”

New Monks Farm papers go live

The public papers for one of the largest planning applications in Adur District Council's history have now gone live.

Councillors on the planning committee will meet next week (Wednesday July 18) at the Sir Robert Woodard Academy in Upper Boundstone Lane, Lancing. The meeting, solely to decide plans to create 600 homes and a new IKEA on New Monks Farm, starts at 7pm.

In addition to 600 homes and IKEA superstore, the application from New Monks Farm Development, a subsidiary of Brighton and Hove Albion FC, also includes the provision of a new roundabout on the A27, a country park, land for a school and a community hub. It would also see the relocation and expansion of the Withy Patch Gypsy and Traveller site.  

Ahead of the meeting, council officers have produced a 240-page report assessing the application. Councillors will use this as a guide to help them make an objective decision on the proposal.

There will be up to 500 seats at the venue on the night. Due to the high interest, the number of speakers addressing the committee has been limited to six for and six against. This will be decided by ballot in advance of the meeting.

A spokesman for Adur District Council said: "As with all applications, large and small, this will be decided solely on its merits using planning criteria set for such matters by statute.

"This application has been with us for a year now as we worked through procedure, the revisions to the plan, its overall complexity and the appropriate wide-ranging scope for consultation. This hardly suggests haste. All statutory consultees had the required 30 days to respond to the latest amended plans.

"In addition as far as the meeting itself is concerned it was thought fairer that speakers for and against the scheme from the public and non-committee members should be chosen by ballot."

Anyone wishing to speak needs to register by 12 noon on Thursday 12 July 2018 via email democratic.services@adur-worthing.gov.uk or 01903 221006.

To see the papers, visit this link.

Pensions and changes affecting women

The ages whereby individuals can start to draw their state pension have changed and women in particular are affected. A woman born after March 1955 will now need to wait until she is 65 before receiving a benefit and if she is aged 46 or under, she will now will have to wait until her 67th birthday.

Women who have stayed at home to care for children could be greatly affected. However either parent should get National Insurance credits if they have registered for child benefit – even if household income was too high to receive child benefit. A parent therefore may get Class 3 credits or Home Responsibilities Protection, but the latter needs to be claimed.

Whether single, divorced or widowed, there will be no difference between women and men in respect of the requirement to receive an adequate income. The state pension is even less effective for women as there can be no reliance upon the husband’s National Insurance contributions. The introduction of the flat rate pension from 6 April 2016 means each individual needs to qualify for this benefit in their own right. Anyone relying solely on a state pension for their financial wellbeing will be greatly disappointed. You can check your state pension age and likely pension benefit at www.gov.uk/state-pension-age

Some married women may be relying on their partners’ pension for income at retirement although this ignores the real possibility of situations such as death, divorce or separation in affecting these benefits. Both spouses should be making pension provision. With each individual having their own personal allowance before they pay tax in retirement, drawing income up to this threshold, currently £11,850(2018/19 tax year) makes a great deal of sense.

The introduction of automatic enrolment in the workplace has also encouraged many women to join a pension scheme for the first time and has given them the impetus needed to start considering their own retirement provisions. It is fair to say that a large proportion of women are still unclear as to how much they need to save in order to receive the kind of retirement that they wish for and those who have already started saving often underestimate the amounts required.

It is therefore now even more important that women take control of their finances. If you would like to review your current situation or want to discuss how you can plan towards a satisfactory income at retirement, then please contact Kim Williams at Kreston Reeves Financial Planning Limited www.krestonreeves.com E: kim.williams@krestonreeves.com
T: 0330 124 1399.

Kim Williams – Adviser at Kreston Reeves

www.krestonreeves.com/financial-planning

Cox Powertrain opening new engine assembly facility in Shoreham, West Sussex

New facility will bring jobs to local area as engineering specialist readies for launch of CXO300 diesel marine outboard engine this year 

16 July 2018 - British engineering innovator, Cox Powertrain, has signed a lease to take over a 28,000 sq ft production facility in Cecil Pashley Way, near Shoreham (Brighton City) Airport.  The building, currently undergoing renovation, will be the assembly plant for Cox Powertrain’s CXO300 diesel engine which goes into production in the second quarter of 2019.

The UK engineer currently employs 70 staff and plans to grow its workforce to meet the demand for its revolutionary diesel outboard engine, aiming to recruit an additional 78 staff before 2020.  The global distribution channels for the engine are now in place for what will be the world’s highest power density diesel outboard engine and anticipation is running high particularly in Cox’s core target markets in the USA within the commercial and recreational boating communities.

CEO Tim Routsis sees many advantages of having an assembly facility right on the company’s doorstep.  “We’ve been working out of Shoreham-on-sea since 2007 and the prospect of having our assembly line working alongside our engineers gives us the agility we need to deliver this game-changing technology.  The UK is a hot bed for engineering talent and the Government’s declared commitment to support UK innovators as part of its Industrial Strategy makes this the right time and place to move ahead with our plans.” 

Cox Powertrain has the support of Tim Loughton MP for East Worthing & Shoreham, who said of the announcement: “This is great news from another exciting world-beating local company which is going places and has chosen to do so in Shoreham.  Cox Powertrain is growing higher skilled jobs in the area and is a further example of the engineering expertise we have locally.   Adur is a great place to live and work and this latest announcement underlines how we can help businesses in our area to punch above their weight.”

Work has started to fit out the new premises and Cox Powertrain expects the facility to be operational later this year. 

Adur & Worthing Councils sign high level digital declaration

In a ‘national call to arms’, Adur & Worthing Councils have this week signed a high-level declaration which seeks to make digital technologies used by local public services fit for the next century.

The Councils are just one of a handful of local authorities to be included in the declaration, co-signed by the Ministry of Housing, Communities and Local Government (MHCLG) and The Government Digital Service (GDS).

The Local Digital Declaration commits to designing IT services which better meet the needs of citizens and enhance privacy and security for its users.

It also challenges the technology industries to offer more flexible software and services, and to deliver better value for money.  

“At Adur & Worthing, we are already working hard to design and develop end-to-end digital services that better meet the needs of citizens, and we are very keen to help develop common methods and standards of good practice which can be shared amongst councils and deliver value for money to our citizens,” says Paul Brewer, Director for Digital & Resources, Adur & Worthing Councils.

As well as meeting users’ needs and maintaining security, good practice includes developing digital technology which is easily maintained, fit for expansion, is less dependent on third party suppliers and provides better value for money.

“We think there are many capabilities, tools and services, such as those around website usability, privacy, security and data, that could be created collaboratively and shared between councils, and we warmly welcome the initiative by MHCLG which will provide vital capacity to help us achieve effective collaboration,” he adds.

To read more about the Local Digital Declaration, click here:

www.localdigital.gov.uk/declaration