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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 
EMPLOYMENTMATTERS 
www.employment-lawuk.co.uk | ISSUE AUGUST 2014 
Fines For Ill-Prepared Employers 
Ill prepared employers face fines over auto 
pension enrolment of their employees. 
Philip Goose From Brake urges employers to 
get involved in Road Safety Week 
EDGE TRANSPORT 
Sarah Lowe speaks to Jenny Edge, Commercial 
Director of Edge Transport on their move to Deeside 
Road Saftey Week 
FOCUS Fines for Employers Ill-Prepared For Pension Enrolment 
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
EMPLOYMENTMATTERS • ISSUE AUGUST 2014 
02 
EDITOR’S LETTER 
3 EDITOR LETTER 
Richard Burnett comments on some of 
this month’s features & issues. 
5 EMPLOYMENT NEWS 
We round up this month’s employment and HR 
news taken from our news feed. 
Subscribe at: Employment-lawuk.co.uk 
8 AUTO ENROLMENT 
Employment Solicitor Rachel Hughes warns 
that a lack of understanding about auto-enrolment 
could see transport firms and 
employers face fines 
10 BRAKE SAFETY WEEK 
Road 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 TRAINING 
Research 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 DIVERSITY 
CIPD 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 EDGE 
Commercial 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 AVENTI 
10 Reasons why employers need Aventi 
Employment Solutions 
05 
contents EMPLOYMENTMATTERS 
INTERVIEW: 
JENNY EDGE 
14 
ROAD SAFETY 
WEEK 
14
EMPLOYMENTMATTERS • ISSUE AUGUST 2014 
3 
Welcome to the 
August edition 
of Employment 
Matters Magazine 
- a dedicated 
employment 
magazine written 
for employers and 
business owners. 
Focus on Transport 
In 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 Edge 
This month Sarah 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 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 Digest 
We’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.uk 
T: 0845 366 4416 
E: charlie.oakham@law.uk.com 
Aventi Employment Solutions 
Murlain House 
Union Street 
Chester 
Cheshire 
CH1 1QP 
EDITOR’S LETTER
EMPLOYMENTMATTERS • ISSUE AUGUST 2014 
4 
EMPLOYMENT NEWS 
Compulsory Retirement at 65 is Justified 
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 increase 
Despite 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?
EMPLOYMENTMATTERS • ISSUE AUGUST 2014 
5 
Liberal Democrats 
Expose Pay Gaps 
The 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 
Applicants Not To Disclose Minor Crimes 
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. 
Aventi Instrumental 
in Edge Move 
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
EMPLOYMENTMATTERS • ISSUE AUGUST 2014 
6 
Employers out of Pocket by Obesity Ruling 
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. 
Whistleblowing Protection Disputed 
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. 
EMPLOYMENT NEWS
42 
56
EMPLOYMENTMATTERS • ISSUE AUGUST 2014 
8 
TRANSPORT ISSUES 
by RACHEL HUGHES 
Employment Solicitor 
Employers Face Fines Over 
Auto Pension Enrolment 
Employment experts warn that a lack of understanding about auto-enrolment could see 
transport firms and employers face fines 
Alack 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.
EMPLOYMENTMATTERS • ISSUE AUGUST 2014 
10 
Brake Urges Employers To Get 
Involved In Road Safety Week 
Road safety charity Brake is coordinating its annual ‘Road Safety Week’ and urging 
employers to get involved in the UK’s flagship road safety event. 
Road 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 professional@brake.org.uk 
TRANSPORT ISSUES
EMPLOYMENTMATTERS • ISSUE AUGUST 2014 
11 
TRANSPORT ISSUES 
7 In 10 Drivers At Work 
Never Offered Training 
Research commissioned by Institute of Advanced Motorists (IAM) reveal that 72% 
of people have never been offered training, but 44% of drivers would welcome it. 
Seven 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 
by RACHEL HUGHES 
Employment Solicitor 
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.
EMPLOYMENTMATTERS • ISSUE AUGUST 2014 
12 
CIPD Warns That Half Of 
SMEs Are Not Prepared 
For Age-Diverse Workforce 
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 
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 ”
EMPLOYMENTMATTERS • ISSUE AUGUST 2014 
13 
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 ”
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. 
INTERVIEW 
About Jenny 
Jenny 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. 
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.
EMPLOYMENTMATTERS • ISSUE AUGUST 2014 
15 
Interviewwith 
Jenny Edge 
Sarah 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.
EMPLOYMENTMATTERS • ISSUE AUGUST 2014 
16 
AVENTI EMPLOYMENT 
We 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. 
by RACHEL HUGHES 
Employment Solicitor 
10 Reasons 
Why You Need Aventi 
Employment Solutions 
LEGAL SOLUTIONS aventi® 
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
Employment Matters Magazine - August 2014

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Employment Matters Magazine - August 2014

  • 1. 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 EMPLOYMENTMATTERS www.employment-lawuk.co.uk | ISSUE AUGUST 2014 Fines For Ill-Prepared Employers Ill prepared employers face fines over auto pension enrolment of their employees. Philip Goose From Brake urges employers to get involved in Road Safety Week EDGE TRANSPORT Sarah Lowe speaks to Jenny Edge, Commercial Director of Edge Transport on their move to Deeside Road Saftey Week FOCUS Fines for Employers Ill-Prepared For Pension Enrolment 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
  • 2. EMPLOYMENTMATTERS • ISSUE AUGUST 2014 02 EDITOR’S LETTER 3 EDITOR LETTER Richard Burnett comments on some of this month’s features & issues. 5 EMPLOYMENT NEWS We round up this month’s employment and HR news taken from our news feed. Subscribe at: Employment-lawuk.co.uk 8 AUTO ENROLMENT Employment Solicitor Rachel Hughes warns that a lack of understanding about auto-enrolment could see transport firms and employers face fines 10 BRAKE SAFETY WEEK Road 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 TRAINING Research 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 DIVERSITY CIPD 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 EDGE Commercial 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 AVENTI 10 Reasons why employers need Aventi Employment Solutions 05 contents EMPLOYMENTMATTERS INTERVIEW: JENNY EDGE 14 ROAD SAFETY WEEK 14
  • 3. EMPLOYMENTMATTERS • ISSUE AUGUST 2014 3 Welcome to the August edition of Employment Matters Magazine - a dedicated employment magazine written for employers and business owners. Focus on Transport In 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 Edge This month Sarah 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 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 Digest We’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.uk T: 0845 366 4416 E: charlie.oakham@law.uk.com Aventi Employment Solutions Murlain House Union Street Chester Cheshire CH1 1QP EDITOR’S LETTER
  • 4. EMPLOYMENTMATTERS • ISSUE AUGUST 2014 4 EMPLOYMENT NEWS Compulsory Retirement at 65 is Justified 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 increase Despite 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?
  • 5. EMPLOYMENTMATTERS • ISSUE AUGUST 2014 5 Liberal Democrats Expose Pay Gaps The 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 Applicants Not To Disclose Minor Crimes 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. Aventi Instrumental in Edge Move 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
  • 6. EMPLOYMENTMATTERS • ISSUE AUGUST 2014 6 Employers out of Pocket by Obesity Ruling 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. Whistleblowing Protection Disputed 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. EMPLOYMENT NEWS
  • 8. EMPLOYMENTMATTERS • ISSUE AUGUST 2014 8 TRANSPORT ISSUES by RACHEL HUGHES Employment Solicitor Employers Face Fines Over Auto Pension Enrolment Employment experts warn that a lack of understanding about auto-enrolment could see transport firms and employers face fines Alack 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.
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  • 10. EMPLOYMENTMATTERS • ISSUE AUGUST 2014 10 Brake Urges Employers To Get Involved In Road Safety Week Road safety charity Brake is coordinating its annual ‘Road Safety Week’ and urging employers to get involved in the UK’s flagship road safety event. Road 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 professional@brake.org.uk TRANSPORT ISSUES
  • 11. EMPLOYMENTMATTERS • ISSUE AUGUST 2014 11 TRANSPORT ISSUES 7 In 10 Drivers At Work Never Offered Training Research commissioned by Institute of Advanced Motorists (IAM) reveal that 72% of people have never been offered training, but 44% of drivers would welcome it. Seven 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 by RACHEL HUGHES Employment Solicitor 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.
  • 12. EMPLOYMENTMATTERS • ISSUE AUGUST 2014 12 CIPD Warns That Half Of SMEs Are Not Prepared For Age-Diverse Workforce 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 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 ”
  • 13. EMPLOYMENTMATTERS • ISSUE AUGUST 2014 13 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 ”
  • 14. 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. INTERVIEW About Jenny Jenny 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. 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.
  • 15. EMPLOYMENTMATTERS • ISSUE AUGUST 2014 15 Interviewwith Jenny Edge Sarah 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.
  • 16. EMPLOYMENTMATTERS • ISSUE AUGUST 2014 16 AVENTI EMPLOYMENT We 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. by RACHEL HUGHES Employment Solicitor 10 Reasons Why You Need Aventi Employment Solutions LEGAL SOLUTIONS aventi® 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