Manual handling at work and risk assessments

All employers must comply with the risk assessment requirements set out in the Manual Handling Operations Regulations 1992. These regulations require employers to apply control measures to prevent or reduce the risk of injury to their employees from manual handling. Manual handling relates to the moving of items either by lifting, lowering, carrying, pushing or pulling.

Assessing and reducing the risk of injury

Article by Nazmin Chowdhury

Risks can be found in all work sectors and employers will be asked by the Health and Safety Executive (HSE) to provide copies of all risk assessments carried out. This will then be assessed by a safety representative to ensure that the employer is preventing and controlling hazards. If a safety representative thinks that there is a risk of injury then under Regulation 4 the employer must take reasonable steps to reduce the risk by: 

• Avoiding hazardous manual handling operations so far as is reasonably practicable

• Making a suitable and sufficient assessment of the risk of injury from any hazardous manual handling operations that cannot be avoided

• Reducing the risk of injury from those operations so far as is reasonably practicable 

• Avoiding hazardous manual handling operations so far as is reasonably practicable.

• Making a suitable and sufficient assessment of the risk of injury from any hazardous manual handling operations that cannot be avoided.

• Reducing the risk of injury from those operations so far as is reasonably practicable.

How to ensure your job interviews meet with legal requirements

Job interviews are an opportunity for employers to find out more about their candidates but there are some legalities around the process which you should be aware of before you begin the interview process.

Whilst the purpose of the interview is for you to determine if the candidate is suitable for the vacancy, there are laws to protect the interviewee from being asked unlawful questions that could possibly lead to a claim against your business.

Under the Equality Act 2010, it is unlawful for employers to discriminate against candidates based on their:

• Age                                                             
• Faith
• Sexual orientation
• Gender
• Marital status
• Pregnancy

You should ensure that you keep written notes taken during interviews so that you can prove why you selected one candidate over another. Applicants are legally entitled to request such notes and you are obliged to keep them for a year post interview.

If you would like advice about the recruitment process, need help with drafting a job description or an interview assessment template, please contact us on 01992 422128 to arrange an appointment. 

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www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Do you know your rights with redundancy payments?

Being made redundant is a worrying process and an area that can be difficult to understand. 

If you have worked for your employer for two years or more then you would qualify for redundancy pay. The amount you will receive is based on age and length of service. 

If you are:

- Under 22, you would receive half-a-week’s pay for each full year you have worked 

- Over 22 and under 41, you would receive one week’s pay for each full year service 

- Over 41 or older, you would receive one-and-a-half weeks’ pay for each full year 

Article by Nazmin Chowdhury

For Statutory Redundancy Pay, the maximum number of years is capped at 20 years for calculating the amount payable. The maximum payable per week is capped at £475, which means the maximum statutory redundancy payable is £14,250. 

Garden House Solicitors have successfully represented many people who have been made redundant. If your employer has consulted you in a possible redundancy situation and you wish to seek advice, please contact Garden House Solicitors on 01992 422128 or email Nazmin@ghslaw.co.uk

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www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Proclaim Case Management System

GHS has recently implemented the Law Society’s accredited Proclaim Case Management System which is streamlining a vast number of administrative processes, reducing turnaround times and increasing the quality of the service our clients receive.

We believe we need to stay ahead of the competitive legal market and by investing in this technology we anticipate providing an even better service to our clients. 

Security Staff

There are many different types of doorman and security staff employed within the UK. With numerous nightclubs, bars and pubs opening up every year, it is often a sensible choice for managers of such establishments to employ door staff and security personnel in order to protect the physical safety of their patrons, reputation, business and financial interests.

Within the UK today there are in excess of 200,000 nightclubs, bars and pubs who are fully licensed to serve alcohol to the general public. Where the law imposes strict laws under the Licensing Act 2003, it does not actually provide companies with any requirements as to the extent of security required. So what are the risks posed to an establishment that employs untrained or unskilled doormen?

Accidents at Work

Article by
Dave Koon Koon

In yet another blow to the genuinely injured individual the laws which cover many of the aspects of an employer’s liability to their employee, should an accident happen at work, are changing from October 2013.

There will be many changes that will affect the prospects of success of claims being made by those injured at work and one of these changes is the removal of the requirement that the employer must prove that they have taken steps that are ‘reasonably practicable’ to ensure that their employee is not injured at work.

At present it is for the employer to prove that they have taken all reasonably practicable steps to reduce the risk of injury to its lowest level in compliance with whichever regulation or statute is relevant to the circumstances. It is not for the injured employee to do this.

Following the changes in October 2013 it will be more than likely up to the injured employee to prove that the employer failed to take all reasonably practicable steps to reduce that risk to its lowest level in order to comply with the relevant regulation or statute. This will in turn lead to increased expense for the injured party as additional expert evidence will be required to prove their case.

Another particularly significant change is the removal of ‘strict liability’ from the various Health & Safety regulations. An example of how this works is that at present, if an employee is injured at work, through no fault of their own, whilst using machinery or tools, which are defective or faulty and that work equipment has been provided by their employer then their employer will be liable to compensate the injured employee for their injury, regardless of whether the employer had knowledge of any problem with the equipment.

Following the changes to the Health & Safety regulations in October 2013 ‘strict liability’ will have been removed which means that should an employee be injured at work by defective or faulty equipment, provided by their employer, then the employee will have to prove that their employer was negligent in providing that equipment. This change will therefore shift the burden of proving the case to the injured employee who has done nothing wrong.   

If you have been involved in an accident at work please contact me on 01992 422 128 or at dave@gardenhousesolicitors.co.uk for further advice and assistance.     

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Free Employment Seminar

We are hosting a free employment seminar targeted at employers running small businesses.   

Nidhi will be discussing:

• contracts of employment,  
• handbooks, 
• handling difficult employees, 
• other general areas of the law to help employers protect themselves from potential claims. 

When: 10 April 2013     6pm to 8pm 

Where: Hertford Castle, Hertford, SG14 1HR

Special Offer: All attendees instructing the firm on one or more of the matters discussed will be offered a 15% discount on legal fees.  (Subject to terms and conditions)

If you or anyone you know is interested in attending please email Nidhi - Nidhi@gardenhousesolicitors.co.uk to reserve a place.

 
www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Specialist Solicitors in Hertford

Garden House Solicitors in Hertford was established in 2006 by principal solicitor, Patricia Ling.  Since then the firm has gone from strength to strength and has expanded to meet the changing needs of our clients.

We now offer expert advice and assistance in the following areas:

• Personal Injury and Personal Injury Trusts
• Product Liability
• Employment Law
• Commercial and Civil Dispute Resolution
• Landlord and Tenant
• Representation at Inquests
• Making a Will
• Probate and Administration of Estates
• Powers of Attorney (EPA's and LPA's)

We have many clients in Hertford but also across the country.  We measure our success by the fact that our clients come back to us time and time again and they recommend their friends and family to us.  We offer appointments in our office or in the comfort of your own home at a time that is convenient for you.  

For further information on what we can do for you please telephone 01992 422128 or email info@gardenhousesolicitors.co.uk



www.gardenhousesolicitors.co.uk

---

Tel: 01992 422 128

---

Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Compromise Agreements

Article by
Nidhi Chopra

With the recession continuing to affect the economy, I am finding a significant increase in Employees seeking advice on Compromise Agreements that have been given to them by their Employers. 

More often than not the Compromise Agreement is presented to the Employee when the Employer wants to terminate a contract of employment, settle existing disputes and/or curtail the risk of future claims. The existence of the Compromise Agreement can be kept confidential and all discussions relating to it should be on a without prejudice basis.