Trade Union rights – various new rights including a new duty on employers to inform workers of their right to join a trade union and require employers to: 

• include information about the right to join a trade union in a written statement 

• regularly inform workers of their right to join a trade union 

 

Unfair dismissal - will remove the two-year unfair dismissal qualifying period and replace it with a new statutory probationary period, referred to as the ‘initial period of employment’ which is likely to be nine months. 

 

Sick Pay - remove the waiting period so Statutory Sick Pay (SSP) is paid from day one of sickness absence (rather than day four) 

Introduce a new rate for Statutory Sick Pay for low earners, including all those earning below the Lower Earnings Limit (£125 per week £542 per month £6,500 per year). 

 

Fire and Rehire Restrictions - where employees are dismissed for failing to agree to a variation in their terms of employment. Those dismissals will be treated as automatically unfair. There will be a narrow exception if the employer can show evidence of financial difficulties that would mean the business could not carry on without varying the contractual terms. 

It falls under the person responsible for managing construction sites to adhere to the appropriate noise legislation. Section 60 and 61 of the Control of Pollution Act 1974 pertain to noise surrounding construction sites, specifically concerning the works regarding the assembly, construction, alteration, repair of maintenance of buildings, structures and roads, in addition to demolition, dredging and engineering. 

 

In the event of construction works, the local authority must be informed of them prior to commencing and will enforce notices of requirements for how these works must be carried out. These will include the specification of plant or machinery to be used, the hours of works taking place and the level of noise allowed to be emitted in the area. 

Therefore, these items must be handled with the appropriate regulations and procedures. 

 

The Waste Electrical and Electronic Equipment (WEEE) Regulations 2013 distils electrical items into ten broad categories as outlined in Schedules 1 and 2: 

• Large household appliances – fridges, cookers, microwaves, washing machines and dishwashers 

• Small household appliances – vacuum cleaners, irons, toasters and clocks 

• IT and telecommunications equipment – personal computers, copying equipment, telephones, 

calculators 

• Consumer equipment – this includes camcorders, hi-fi equipment, musical instruments, radio, 

televisions 

• Lighting equipment – this includes compact and straight fluorescent bulbs, high intensity discharge 

lamps 

• Electrical and electronic tools – drills, saws, sewing machines, electric lawnmowers 

• Toys, leisure and sports equipment – these would include items such as electric trains, games consoles, 

running machines 

• Medical devices – these include analysers, cardiology equipment, dialysis machines, medical freezers 

• Monitoring and control equipment – these include heating regulators, smoke detectors, thermostats 

• Automatic dispensers – these include hot drinks dispensers, money dispensers 

Activities such as renovating, converting or demolishing buildings are activities that can harm bats. 

 

It would be breaking the law if any of the following were to occur on site: 

• The deliberate capturing, injuring or killing of any bats 

• The damaging or destruction of a breeding or resting place 

• Obstructing the access to the resting place or sheltering place 

• The possession, selling, controlling or transportation of live or dead bats 

• Intentionally or recklessly disturbing bats while it’s in a structure or any place of shelter and protection 

 

If any of these were to occur and you are found guilty, this can result in: 

• Up to 6 months imprisonment 

• An unlimited fine 

This also extends to work pertaining to public roads, as road works require particular safety standards in order to secure the health and safety of all involved. 

 

A risk assessment must be conducted on the public road work to ensure that any and all hazards associated with it are identified and control measures are put into place to reduce the likelihood and risk of these hazards as far as reasonably possible. Any pre-existing services must be looked into via survey drawings of the area and appropriately located with CAT scanners, marked and sectioned off to avoid the risk of contact with services. 

The Work at Height Regulations 2005 provide the basic principles in regards to working at height in every means and methods, whether from below ground to on top of buildings, and this would include the parameters set for hop-up platforms. 

 

Prior to any work at height, a risk assessment must be conducted to examine the risks and control measures for the activity. It must be checked if the hop-up is appropriate for the task at hand. The risk of harm to any workers and other site personnel near the hop-up must be taken into account. Any obstructions and hazards in the vicinity also need to be checked, such as the risk of plant activity or loose cables on the floor. To safely use hop-ups, the platform must be unfolded and placed in the work area. The location must be somewhere with stable even ground, no proximity near trenches or other holes in the ground that can make it unbalanced. The equipment set to be on the hop-up must not compromise the ability to conduct work. 

 

Both feet must be kept on the platform to ensure total balance and safety while conducting the necessary activities. Hop-ups have a weight capacity limit that cannot be exceeded, and this can vary depending on the type of hop-up being used, so precautions need to be in place such as the hop-ups available and the kind of equipment that would need to be used. Jumping on the platform and overreaching must also be avoided since this can damage it and result in unbalancing and thus the risk of falling from height. The recommended dimension of the hop-up to be 600mm x 600mm and not exceeding height at 500mm. 300mm wide hop-ups are available but are not as safe as the 600mm. 

Health and safety requirements for work sites ensure the limitations of noise exposure, from the lowest levels to the excessive which would result in permanent damage over time. Noise is measured in decibels (dB(A)), with the lower exposure action value (accepted lower noise limit) is 80dB(A), while the upper exposure action value is 85dB(A). 87dB(A) is the exposure limit value; it must not be exceeded as repeated exposure will surely affect hearing. 

 

Control of Noise at Work Regulations 2005 state that it is the employer’s responsibility to assess the risk of noise while employees are a work, reduce exposure to these risks, provide hearing protection, maintain the protection and noise limit, provide training to employees and finally to carry out health surveillance on employees. 

 

Loud noises that can affect workers while being used can include power tools, machinery and plant. Hearing loss can occur gradually over time from exposure to noise at work over long a period of time, or from extremely loud sudden noises. This can split into temporary and permanent hearing loss, with temporary loss being a sign that if continued noise exposure occurs, it will result in permanent loss. A side effect of hearing loss can be tinnitus, characterised as a ringing or buzzing noise. If workers have trouble hearing others from at close proximity, it is a sign that ear damage has been sustained. 

While electrical equipment can be useful in site activities, it presents just as much risk of harm and even death if it is not assessed before use. 

 

It is important when working with electrical equipment that the system is isolated and turned off when not in use, as doing so reduces the risk of accidents involving electricity. An electric shock can vary from a minor injury to fatal, especially depending on whether low or high voltage is used. A risk assessment and a safe isolation procedure must be put in place before any work with electrical systems are conducted. 

It is important for employers to ensure the safety of employees when driving vehicles, whether they are driving cars, vans, motorbikes etc, on the road as part of a work activity. Just as much as health and safety laws apply to all construction sites, they also apply to when employees drive on the road. The driver’s health and the condition of the vehicle are to be assessed prior to driving, as the driver’s mental and physical health affect their driving, along with the vehicle not being in a good condition, can increase the risk of danger on the road. 

 

A risk assessment must be carried out as part of health and safety arrangements, taking into account the driver, the vehicle and the journey to be taken. The following hazards to consider include: 

• The condition of the vehicle 

• The roadworks, traffic and congestion 

• Weather 

• Fatigue and/or distractions 

• Pressure of time 

• The behaviour of other drivers 

Tips on providing former employee references 

 

Employers do not have to provide a reference for a former employee but, if you do, the reference must be true, fair and accurate. Providing a misleading or inaccurate reference could lead to, under principles of negligent misstatement, a claim for damages from both the former employee and new employer. 

 

Employers should be particularly cautious when providing references for employees who have been dismissed for gross misconduct or left in similar circumstances. The employer should, in this instance, communicate the issues accurately. The employer should also be careful to make very clear if the allegations have, or have not, been investigated. 

 

Many employers now only provide a ‘bare minimum’ reference, but this should not be used as a means of concealing something serious.