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Right to Work Check Measures to April 2022

The Home Office has further delayed the end date of the temporary right to work check measures to April 5th 2022, from August 31st 2021.

The UK’s Home Office has further delayed the end date for the temporary right to work check measures to April 5th, 2022. The current temporary right to work check process involves the worker submitting a scanned copy or a photo of their original documents via email to the employer. The employer can then conduct a video call with the worker during which they would hold up the original documents to the camera and check them against the digital copy of the documents.

These measures have allowed employers flexibility when checking and recording the individual’s right to work in the UK whilst also providing a ‘statutory excuse’ against any potential illegal working claims.

Other measures included:

Record on file that checks have carried out ‘adjusted checks on [date] due to COVID-19’
If the worker has a biometric residence permit/card or status under the EU settlement scheme, checks can be conducted using the Home Office’s online right to work checking service while doing a video call – permission must be sought from the applicant.
The Home Office intends to develop a new digital right to work check solution by April 2022, which will account for those who cannot currently use the online right to work checking system, including British and Irish nationals.

Starting April 6th 2022, it is expected that employers will need to either check the employee’s original documents or check the employee’s right to work online. It is understood that employers will need to either check the employee’s original documents, use this new digital solution, or use the online right to work checking system – once the employee has provided the employer access to view their details on the system. The checks must be completed in the presence of the employee, either in person or via video call.

The Home Office will release new guidance ahead of April 6th 2022.

Employers should review internal processes to ensure that they are able to resume checks at the relevant time and ensure that they review files to ensure compliant adjusted checks are completed between March 30th 2020, and April 5th 2022.

We would recommend that the verification of identity and requirements to apply for a DBS check are conducted at the same time as the right to work check, to remove any unnecessary requirements for applicants to present documentary evidence.

We strongly urge all Employers to continue to refer to the Home Office Guidance link below, to ensure they remain compliant with immigration rules on checking right to work during this time.

Coronavirus (COVID-19): right to work checks – GOV.UK (www.gov.uk)

We think Differently & offer Value Added HR Support.

But aren’t all Outsourced HR Services all the Same? How are we at Craven HR Services any different?

Yes we offer all the usual ‘HR & People Management’ Services, but what Value Added HR do we offer?

Ok I will try & explain ‘in a nutshell’. The following are the elements of HR & People Management, which we believe makes us extra special & positively sets us apart from others similar providers;

  • Growth & Support – We do genuinely love working with small businesses, start up’s & entrepreneurs, to help support you to grow, or maintain your business & people & to support you to be an ‘Employer of Choice’ – we celebrate with you the ‘big and the small wins’ in Partnership
  • Authentic – We are real people who have have tons of HR/People Management experience working with real people in various sectors & industries
  • HR Presence – You tell us what you want, we can be a transparent HR ‘presence’ or we can work ‘behind the scenes
  • Relationships – We really do have a sense of humour & we are great communicators, which helps us build positive relationships with our clients very quickly
  • HR Presence – You tell us what you want, we can be a transparent HR ‘presence’ or we can work ‘behind the scenes’
  • Positive Leadership – Let’s be honest here, how many poor/unfair ‘boss’s’ have you worked for or do you know? We can help coach you to be a real Leader, we can help enhance your ‘soft skills’ & ‘confidence’ which are crucial in positive leadership, ultimately leadership is ‘vision, ”building your people’, ‘inspire & influence others’ & truly ‘connecting with your team’
  • Business Plans & Strategy – We are a small business, why do we need business plans & strategy? Treat your small business as a huge corporate one, in terms of the foundations, rid yourselves of the ‘small business’ mindset (reactive) & focus on a more ‘proactive’ mindset that will enable natural business growth. Strategy is at the core & heart of every successful business, we can also help you implement your Company ‘Mission’, ‘Vision’, & Values
  • Culture – We thrive on helping you to build a positive & healthy culture; by implementing and slotting together, the various components like a jigsaw
  • Coaching – We all have that one Positive Leader who we remember more than anyone else, there will be different reasons why we credit this person, they may have helped you breakthrough or gave you that amazing opportunity, ultimately they ‘believed in you’ our point is, we can help you be that Leader, we can also love coaching those employees with ‘high potential’ & seeing them soar
  • Continuous Improvement – Is a permanent state of change, & we love it, striving to get better & better, always changing, always innovating, never boring or dull
  • Avoid Formal Processes – We like to avoid long formal process driven processes (where possible) & instead positively coach you & your managers to have the conversations that need to be held, to help your people to increase self awareness and responsibility for enhanced performance & productivity
  • Branding & Marketing & Communications – We understand your time restraints & pressures, but we love helping businesses with their branding & marketing, we are also told we are pretty good at it, we also love being the positive communicator for the business
  • Health & Wellbeing –  Healthy, happy staff are more productive, and take less time off work due to sickness. We can help to develop your wellbeing strategies
  • Team Building – We can help you build high performing teams, we will support you to implement; Accountability, SMART Goals, Performance Management, Well defined Roles, Team and Company Values, Regular f2f & team meetings
  • Technology – We embrace it, it helps us to become more strategic & bridges the communication gap, we can create accurate analytics that drive enhanced performance management
  • Training – We have an array of training experience – including Leadership, HR & People Strategy, Business Planning, Employee Wellbeing, Absence Management, Conflict Management, Data Protection/GDPR, Leading People & Great Teams, Team Values, Managing Investigations, Performance Management, Disciplinary & Grievance, Goal Setting, Branding & Marketing
  • Get to know you – We get to know you & your business inside & out including your ‘quirks’ – we all have them.

Noise at Work

Draft Building Safety Bill

This month we have a guest article by Chris McGrath providing an overview of the Draft Building Safety Bill that will aim to improve building and fire safety, so that people will be, and will feel, safer in their homes.

Why this Bill?

On 14th June 2017 a fire broke out at the Grenfell Tower, a 24 storey residential tower. Failures in the building’s design and maintenance caused the fire to spread at high speed. As a result there were 72 fatalities and 151 homes were lost. A major reform was needed.

The Scope of the Bill

It will cover all higher risk buildings.  This will include all multi-occupied residential buildings, (new or existing) of 18 metres or more in height, or more than six storeys (whichever is reached first).

Expectations to improve safety and performance

The expectation is to reduce the risk of fires spreading across multiple dwellings. Also to reduce the risk of major fires.  However, the proposals are not expected to have a material impact on the number of fires.

The Bill includes key new roles, functions and responsibilities

 

The Building Safety Regulator
  • The Building Safety Regulator will introduce a better safety system.  In addition they will be able to impose sanctions and regulations to ensure this happens.
  • They will provide a more stringent regulatory framework to implement a stronger focus around building safety for developers and landlords.
  • They will also instruct an industry-led competence committee, publish non-statutory advice and guidance for various sectors.
  • The Regulator will also take enforcement action.  They will be able to impose sanctions on the corporate bodies or building control companies that do not meet regulatory standards.
Duty holders
  • Duty holders will implement a system in every building to ensure that the person, or entity, that creates a building safety risk is responsible for managing that risk.
  • The building cycle will be split into gateways – phases of the building’s life – with different duty holders for different gateways. For example, the duty holder for the design phase of the build will be the principle designer. For the construction phase, it will be the principal contractor.
  • The regulator will assess the gateway at each handover.  A ‘golden thread of information’ will connect these different phases. This will include details about the original design and construction, as well as details on the changes and upgrades to the building during its life cycle.
  • Once the building is occupied, the duty holder will become the accountable person. The accountable person is usually the building owner.
Accountable Person’s Responsibilities
  • The Accountable Person will submit a Residents Engagement Strategy (which will include a complaints procedure) to the Building Safety Regulator.  They will also listen and respond to concerns and ensure residents are heard.
  • Their responsibilities will also include developing a Safety Case Report.  This will be submitted to the Building Safety Regulator as part of application for a Building Assurance Certificate.
  • In addition they will conduct and maintain a Safety Case Risk Assessment (on new and existing buildings).  They will also appoint a Building Safety Manager to oversee it day to day.
Safety Case

This is a full building description that explains how the fire and structural risks in a building are being managed by the Building Safety Manager.  It will include –

  • An explanation and justification of the approach being taken to manage risks.
  • A hazard and risk assessment.
  • A summary of mitigation measures.
  • The approach to risk management.
Building Safety Manager
  • The Building Safety Manager will support the accountable person in the day-to-day management of the building.  Above all they will ensure that safety standards are adhered to.
  • They will also communicate the work that has taken place on the building to stakeholders.  This will ensure that the building is meeting the regulator’s requirements.  Also that it is on top of any advice or non-statutory guidance put in place by the regulator.
Cost to Leaseholder

Under the new plan, a new “building safety charge” will be set up for leaseholders. Fire Safety works are currently paid for through the service charge. This new charge will be separate to the service charge. The money will need to be held by the Freeholders in a separate account (held by a financial institution). This money will only be available for Fire Safety works.

If the freeholder has not provided a clear breakdown of costs, leaseholders will also be allowed to refuse payment if the charge is deemed “unreasonable”. However, under the new rules, leaseholders will be required to pay the fire safety charge within 28 days of when the bill was issued.  They will be required to cover some of the new measures brought in under the bill.  This will include items such as paying for a Building Safety Manager and the day-to-day management of the building.

New committees
  • A Building Regulations Advisory Committee, to provide evidence-based guidance on new issues that emerge in the built environment sector.
  • Also a new committee for industry competence.  This will overcome the fragmented and inconsistent competence of workers and managers that currently exists in the building safety sector.
  • In addition, a new residents panel will be put in place to ensure residents have a voice in the changes being made to building safety guidance. This will include residents of high-rise blocks and representative tenants groups.
New Homes Ombudsman

A New Homes Ombudsman will allow a better mechanism for new home owners to make complaints against developers about the quality of the construction. (There is currently no mechanism for new home owners to make these complaints.) The Ombudsman will work with developers to come up with a code of practice that could be used in relation to sales, marketing and standard and quality of workmanship.

 

The full details of the Bill can be found on the Government website.

https://www.gov.uk/government/publications/draft-building-safety-bill

PPE – Personal Protective Equipment

The new Personal Protective Equipment (PPE) Regulation became law on 21 April 2016.  There is a two year transition period until its full enforcement in April 2018.  The main changes put the onus on manufacturers to provide good quality equipment and provide the necessary information and certification, it is hoped that this will put an end to cheap inferior imports.
Categories for PPE have also been changed – Read more

EU Food Information for Consumers Regulation

On 13 December, new legislation (the EU Food Information for Consumers Regulation 1169/2011) will require food businesses to provide allergy information on food sold unpackaged, for example in catering outlets, deli counters, bakeries and sandwich bars. Read more