The Glasgow investigative magazine, The Digger, has apologised for its reporting of what have proved to be unfounded complaints against the chief executive of a local housing association.

In a front page apology, the magazine admits to reproducing incorrect allegations against Robert Tamburrini, head of North Glasgow Housing Association. They were made, says the magazine, in a series of articles over two years and repeated by the magazine’s James Cruickshank to another publication.

The allegations were from a former tenant who went to court with them, only for the sheriff to report him to the procurator fiscal, for possible perjury.

(more…)

An independent newspaper in Glasgow has printed a front-page apology to the chief executive of a local housing association after it ran a series of “serious, yet unfounded” allegations about him.

The Digger, an A5 weekly newsletter focusing on crime, ran the apology after settling a defamation claim brought by Robert Tamburrini, chief executive of the North Glasgow Housing Association.

Lawyers representing Tamburrini said the title had published a series of untrue stories about him over a two-year period.
(more…)

Navigating employment law is a major problem for the UK’s smallest firms, with nearly half having faced difficulties working with the legislation, new research has revealed.

The British Chambers of Commerce (BCC) workforce survey, which questioned 3,400 businesses, also highlights the importance of migrant workers to British firms. Around a quarter of businesses employ migrant labour because of a shortage in suitable local candidates with the required skills, experience and work ethic.

Some of the key findings in the report include:

• Employment law is a major problem for small firms, with 47 per cent having faced difficulties navigating the legislation.
• Around a quarter of businesses employ migrant labour because of a shortage in suitable local candidates with the requisite skills, experience and work ethic.
• Half of the UK’s businesses have not recruited in the last six months, while 24 per cent are not planning to fill positions that become vacant when an employee leaves.
• An overwhelming majority (84 per cent) of flexible working requests are granted by employers.
• Only 28 per cent of businesses are using JobCentre Plus, with this figure falling to 14 per cent for firms with fewer than five employees.

David Frost, director general of the British Chambers of Commerce, said: “This downturn has largely allied the interests of employers and employees.

“Employers want to retain their skilled and experienced staff, while employees want to remain in work and are often prepared to take pay cuts and freezes to
do so.

“More help is needed to support Britain’s hard-pressed businesses so that they can drive our economy out of recession, creating jobs and wealth in the process.”

In a keynote address to be delivered at the BCC’s Annual Business Convention in Birmingham today, Mr Frost will challenge government ministers with the findings and argue for a moratorium on employment law:

He added: “Too often the government sees the answer to a problem as being more legislation. Not least in the area of employment law.

“The result of this will mean that it will take longer to get out of recession and companies will be loathe to take on more employees.

“If we are really serious about helping businesses, about creating jobs, why not have a complete moratorium on new employment legislation for the next three years?”

Scottish Legal News, April 27, 2009

Using tips to make up staff pay to minimum wage levels will be outlawed from October this year, the government announced today.

This will give thousands of workers fair wages and will ensure a fair and level playing field for employers and boost consumer confidence in the use of tips.

The government will also be working towards greater transparency and clarity for consumers through a new industry code of best practice.

Employment Relations Minister Pat McFadden said:

“When people leave a tip for staff, in a restaurant or anywhere else, they have a right to know that it will not be used to make up the minimum wage. It is also important for employers to have a level playing field on wages.

“This is a basic issue of fairness. We do not believe employers should be able to use tips meant as a bonus for staff to boost pay levels to the legal minimum.

“Our consultation showed wide support for these changes, including from business groups, and we are working with them to ensure that consumers get the information they need.”

Today’s announcement is the government’s response to a consultation on the use of tips, gratuities, service charges and cover charges in payment of the national minimum wage.

The consultation received wide support for the government’s plans to ensure tips are not used to make up the minimum wage – a majority of businesses responding to the consultation backed the proposed changes.

The government is working with consumer and business groups over ways of boosting clarity and information, which could include a new scheme for participating businesses to promote clear tipping practices.

Steve Brooker, markets expert for Consumer Focus, said:

“We are glad the Government has listened to calls from Consumer Focus and other groups to close the outrageous loophole allowing employers to use tips to make up the minimum wage.

“This is a real victory for common sense, for both employees and consumers.

“From October customers can be confident their tips will always go to waiting staff, which will allow employees to fully reap these rewards. In the meantime we would urge consumers to pay their tips in cash to ensure staff receive the full amount.”

A spokesperson for Pizza Hut said:

“We are pleased that the Government has finally closed the loophole that allows employers to top up staff wages with tips. We have always ensured our employees receive 100% of their tips on top of wages and have been calling for an industry commitment to fair tips for some time.

“We would be delighted to work with the Department for Business Enterprise and Regulatory Reform to help develop a best code of practice for the industry.”

Department for Business, Enterprise and Regulatory Reform (National), May 6, 2009

Internet-savvy 16 to 24 years olds used to hunting for bargains on-line lack understanding of their consumer rights if something goes wrong.

Research for the Department for Business shows that consumers felt much less confident when complaining about or returning goods bought over the internet, compared with high street stores.

16 to 24 year olds are particularly likely to experience problems when making purchases – and twice as likely as any other age group to say they lacked the confidence to make a complaint.

Consumer Affairs Minister Gareth Thomas said:

“Young consumers know what they want and are smart about tracking down the best deals – whether on-line or in the high street. But our research suggests they’re amongst the most at risk if something goes wrong.

“Younger people, particularly from poorer backgrounds, are reluctant to complain and lack knowledge of their rights. We need to change that.

“That’s why we’re looking at ways of strengthening consumer education for everyone, making consumer rights simpler and easier to understand, and protecting on-line shoppers from scams.”

The research found:

• 65% of UK consumers agree they should be better protected when buying goods and services.
• 57% agreed that if they had more knowledge of their consumer rights they would be more likely to complain when things go wrong.
• 56% of consumers felt confident about returning or complaining about goods or services purchased over the internet - compared with 91% bought in the high street.
• 55% of 16-24 year olds felt knowledgeable about their consumer rights - compared with 67% surveyed over all.
• 70% of 16-24 year olds agreed they would like to know more about their rights as a consumer - compared with 60% surveyed over all.
• 40% of 16-24 year olds have experienced problems when buying clothes or shoes, either in shops or on the internet - compared with 34% surveyed over all.
• 16-24 year olds were twice as likely as any other age group questioned to say that they lacked the confidence to make a complaint.
• 58% of 16-24 year olds access internet rather than official bodies to get consumer rights advice.

Consumers can find advice now on the consumer pages of the BERR website. The Government will bring forward proposals to make consumer rights clearer and simple to understand in a forthcoming Consumer White Paper to be published in the summer.

Department for Business, Enterprise and Regulatory Reform (National), May 2, 2009

The government has announced new National Minimum Wage rates to take effect in October.

• Low paid workers aged 22 and over can look forward to an increase from £5.73 to £5.80 an hour.
• The rate for 18 to 21-year-olds will also rise from £4.77 to £4.83.
• For 16 and 17-year-olds, the rate will go up to £3.57 an hour from £3.53.

Nearly one million people will benefit from October’s increase after the government approved recommendations from the independent Low Pay Commission.

Business Secretary Lord Mandelson said:

“The National Minimum Wage has been in place for 10 years and remains one of the most important rights for workers introduced in that time.

“I am very proud of the difference it has made to the lives of the UK’s lowest-paid workers. It protects them from exploitation and also creates a level playing field for business, making a huge contribution to the UK’s economic success.

“The Low Pay Commission has carefully examined the latest economic data before making their recommendations on the minimum wage rate, balancing the needs of workers and businesses in the current economic climate.

“The government agrees with this assessment and has accepted the recommendations for these new rates to take effect in October.”

The deadline for submission of the Low Pay Commission’s (LPC) recommendations to government was extended from February to Friday 1 May to allow Commissioners to take into account the latest possible economic evidence.

As well as the rate changes to take effect this year, the government has accepted an LPC recommendation that the adult rate of the minimum wage should be extended to 21-year-olds. This will be implemented from October 2010.

The LPC also recommended that information should be available on employers who have shown wilful disregard for minimum wage laws. The government has today committed to develop proposals and consider the practical issues involved.

Chairman of the LPC George Bain said: “These are very challenging times for the UK and unprecedented economic circumstances for the minimum wage. We believe that the Low Pay Commission’s recommendations are appropriate for this economic climate. They reflect the need to protect low-paid workers’ jobs as well as their earnings.

“This was a difficult year for the Commission but our evidence-based approach led to another unanimous Report. I am delighted that the Government has again accepted our recommendations on the rates this year.”

Department for Business, Enterprise and Regulatory Reform (National), May 12, 2009

The Ministry of Defence (MoD) will have to provide proper protection to soldiers serving overseas and more wide-ranging inquests into the deaths of military personnel after the Court of Appeal upheld an earlier High Court ruling that human rights legislation can apply to British troops in battle.

Judges have thrown out a Government appeal, which argued the European Convention on Human Rights (ECHR) could not be guaranteed in certain situations, the BBC has reported.

It said that in the heat of battle, the UK “could not secure the rights and freedoms which the ECHR seeks to guarantee”.

However, the MoD has been given leave to appeal again, to the House of Lords.

The rulings centred on a case brought by the family of Private Jason Smith, who died of heatstroke while serving with the Territorial Army in Iraq in 2003.

The Equality and Human Rights Commission intervened in the hearing between the Private Smith’s mother and the Secretary of State for Defence, to argue that armed forces personnel serving overseas are protected by both Article 2 (Right to Life) of the European Convention and the Human
Rights Act.

Jocelyn Cockburn, solicitor for Private Smith’s mother Catherine, said the case was never about opening the door to legal actions and compensation claims, but was about human rights.

She said: “It’s a very basic thing that the state must make reasonable efforts to provide protection to soldiers wherever they are, and when we’re sending them to fight on our behalf, that’s the very least we can do.

“The proposition of the Ministry of Defence that these rights should be removed from them when they are deployed abroad on active service doesn’t reflect well on our government.”

She added that success in their case would “create certainty in the law” for soldiers when they are sent out to fight, which she said was “essential” for soldiers and commanding officers.

Permission to appeal again was granted to the MoD on condition that the secretary of state for defence paid the legal costs whether they won or lost.

Scottish legal news, May 19, 2009

The Scottish Legal Aid Board is launching a Scottish Government funded initiative, to enhance legal advice services for people affected by the economic downturn and dealing with related issues such as repossession and debt.

For the first time, the Board is inviting organisations such as advice agencies, charities and solicitors to apply for grants to provide new or enhanced legal advice or representation services, directly aimed at people in most need. The total amount available for the grant funding programme is in excess of £2 million.

Mr Lindsay Montgomery, Chief Executive of the Scottish Legal Aid Board commented, “More people will be able to get advice that will help them to deal with their legal problems. It opens up access to justice for more people and is particularly welcome news in a difficult economic climate.”

“We know that in repossession cases many people go unrepresented or don’t turn up at court. In many cases early resolution of the problem might have meant avoidance of court altogether. Helping someone avoid repossession does not always end their problems and that follow up work to tackle unresolved issues needs to be made available.”

“The purpose of the grants programme is to provide more legal advice and representation for people facing repossession and other problems such as debt, including making relevant services at court available nationally. It also aims to complement and build upon existing provision, including that provided by solicitors working in private practice, solicitors employed by the Board, and the in-court advice service.”

Projects that are successful in bidding for grants for new and enhanced advice services will be announced in summer, and are expected to be running in autumn 2009.

Further information and application forms on the grant funding initiative are available from the Board’s website at www.slab.org.uk

Daniel Barnett, Scottish Legal Aid Board, May 14, 2009

The EAT has handed down an important judgment in Potter v North Cumbria Acute Hospitals NHS Trust (the Casson Claimants), which is authority for the proposition that the move from Whitley Council agreements to Agenda for Change does not constitute a new contract of employment, so that time does not start to run from the changeover.

Miss Potter and other lead Claimants were refused leave to amend their applications to change the comparators named in the originating applications by adding in different job groups on the ground that the move from Whitley Council to Agenda for Change constituted entering into a new contract of employment with the effect that the six month time limit ran from the date the Claimants were assimilated into AfC so that there was no jurisdiction to hear claims involving new comparators.

The EAT held that the Tribunal had erred in law and reached a perverse conclusion in deciding that the changes were so fundamental that an inference could be drawn that the parties intended to make a new contract. The move to AfC constituted a variation of the contracts and not their termination and replacement. The Tribunal therefore had a discretion to allow the amendments, so that the case was remitted to a Tribunal to exercise its discretion. The case is of some significance since it is not uncommon for new comparators to be added in this litigation as the cases progress.

Hundreds of Tyneside companies could be helped to tackle the growing problem of digital fraud after Gateshead College’s new Digital Forensics Lab opened last week at its Baltic Campus site.

This training facility will offer the latest courses to equip companies with the skills needed to track criminal activity and implement preventative measures.

Fraudulent activities, including those committed by dishonest employees using computers, mobile phones and the Internet (cybercrime) could be costing regional business hundreds of thousands of pounds a year in lost revenue.

The £75,000 lab is the first of its type in the region to use advanced PC-based software to teach in-house IT technical staff the latest in high-tech digital investigation.

The Federation of Small Businesses (FSB) has estimated that fraudulent Internet transactions, unscrupulous e-mails known as phishing and security problems caused by viruses and hackers cost an average small business £800 a year.

Now, businesses can enrol their IT technical staff on a digital forensics investigation course at the college to learn how to hunt for digital trails and compile evidence of criminal activity even if the data has been deleted.

The Digital Forensics Lab was designed with support and guidance from Northumbria Police, who will have the opportunity to use this specialist resource for their own training purposes, and the North East Fraud Forum, which works with organisations to raise awareness of the latest techniques for fighting fraud.

Detective Sergeant Alan Batey, head of Northumbria Police’s computer crime unit, said that the number of investigations carried out by local police over the last 10 years had increased fourfold – from 72 in 1998 to almost 300 (296) in 2008.

An advisor from the College can be contacted on 0191 490 2227.

Croner employment news, May 18, 2009