News
National Minimum Wage - October rises National Minimum Wage (NMW) hourly rates will increase again from 1 October 2008 - Oct 2009. ------------------------------------------------------------------------------------------------------------------------------------------- Replacing the Current Work Permit Scheme with a Points Based System The Home Office has announced that employers currently employing migrant workers must apply for a sponsorship licence by 1 October 2008 if they are to continue doing so. In order to employ a skilled worker under Tier 2 or a temporary worker under Tier 5, an employer should have submitted its application for a sponsor licence by 1st October 2008. ------------------------------------------------------------------------------------------------------------------------------------------- Local immigration teams to be introduced across the UK The Home Secretary, Jacqui Smith, has announced that new local immigration teams are being introduced across the UK, alongside Local Crime Partnerships with police, as part of a major refocus of the work of the UK Border Agency (UKBA). Around 7,500 UKBA officers and staff up and down the UK will be reorganized into 70-80 Local Immigration Teams and given a clear mission to focus on local immigration crime. ------------------------------------------------------------------------------------------------------------------------------------------- Illegal Working – Do you know who your workers really are? Do you know who your drivers or operatives really are? Recent legislation has introduced much more stringent penalties for employing illegal workers. The effect for most employers in the transport and waste management sectors is a likely need to revisit their procedures for checking that employees are not working illegally. ------------------------------------------------------------------------------------------------------------------------------------------- New rights for agency workers Employers should be aware that amending legislation came into force on 27 October that will bring the statutory sick pay ("SSP") entitlement of short-term agency workers in line with that of all other employees in the UK. ------------------------------------------------------------------------------------------------------------------------------------------- Red Diesel - using vehicles off road As mentioned, in a previous feed there have been revisions to the excepted vehicle categories in Schedule 1 of the Hydrocarbon Oil Duties Act 1979. The most recent changes were effective from 1st April 2008. A vehicle that is not used on the public road and has no licence under the Vehicle Excise and Registration Act 1994 is an excepted vehicle (i.e. can be run on red). But if such a vehicle has become untaxed since 31 January 1998 it requires a Statutory Off-Road Notification (SORN). Such vehicles will be eligible to use red diesel if a SORN declaration has been made. Unlicensed vehicles that do not require a SORN will continue to be able to use red diesel without a SORN declaration if kept off-road. ------------------------------------------------------------------------------------------------------------------------------------------- The meaning of waste - the debate continues The question of whether a material or substance is waste or not is, to say the least, troublesome. The European Commission has published an ‘Interpretive Communication’ to assist with whether or not something is waste or a non-waste in the context of production processes – the distinction between products, production residues and by-products is discussed in the Communication. The concern of the Commission is that currently the lack of consistency in decisions of National Courts on similar facts as well as the excessively wide interpretation of the definition of waste is imposing unnecessary cost on businesses and is furthermore reducing the attractiveness of materials that would otherwise be reutilised. ------------------------------------------------------------------------------------------------------------------------------------------- The importance of having a robust disciplinary regime for employees A number of small businesses avoid disciplining their staff for fear of legal action. Employers feel employment law and the Tribunal system is weighted towards workers, with employers feeling unable to discipline staff due to feeling legally underconfident. The importance of a well-defined disciplinary procedure cannot be over emphasised. With the correct systems in place employers should not feel afraid to use them. ------------------------------------------------------------------------------------------------------------------------------------------- Think before you drive! From the 18th August 2008 careless or inconsiderate drivers who cause fatal accidents face up to five years imprisonment. To be careless, the driving need only fall ‘below’ the required standard of a competent and careful driver. Whether a momentary lapse lands you with just 3-9 points on your licence, a community order or even a term of imprisonment now turns on whether or not such lapse leads to a death. ------------------------------------------------------------------------------------------------------------------------------------------- Red Diesel - What's in your tank? There has been a wholesale review of what types of vehicles are entitled to use rebated fuel. ------------------------------------------------------------------------------------------------------------------------------------------- Archive News |
