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.
9.
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