Child labour and the X Factor

Those that have been glued in to the final stages of X Factor may have noticed that many of the young contestants are working long hours and being exposed to lots of pressure and stress, particularly in the latter stages.

For the younger contestants, some of who are only 17, is there a legal duty on Simon Cowell and his colleagues to provide extra care for younger employees or is this just child labour in the entertainment industry?

Those involved in the X Factor are surely “working” more than the hours they should be but in reality they are not employees, they are contestants. Even when they set out on the much publicised X Factor Tour, they will not be employees.

Children as young as 13 can be employed provided that there are local by-laws authorising their employment, although generally speaking 14 is the youngest age children can be employed. Even then, provided that they don’t do anything other than “light work” and for those who are under 15, work only 2 hours on a school day, 5 hours on a non school day and 2 hours on a Sunday, (2 hours on a school day, 8 hours on a non school day and 2 hours on a Sunday if they are 15-16), other than the normal duties of an employer, there are only 2 additional duties.

The first is to keep a register of all employees under the age of 16 and their birth dates and the second is to ensure that any risks to their health and safety as a consequence of their lack of experience or absence of awareness of potential risks is taken into account. There is no minimum wage for employees under the age of 16, at which age employers must pay a minimum of £3.57 per hour.

And before you ask, you are not allowed to ignore these rules just because they perform some songs in the office at lunchtime.

It’s snow fun being an employer

With the recent snow and ice causing commuting chaos and a lot more of the winter still to come, what should employers do for their employees in the bad weather?

Employers should not only be consistent in their approach but also be understanding as to each employees needs.

Employees should be encouraged to make reasonable attempts to get in to work, even if it means them arriving late but safe. Employers should not be too strict about start times and a degree of flexibility will be needed on both sides. Employers should also make sure that immediate access to the work place is safe by gritting steps, pathways and car parks where necessary.

Once employees have made it in, employers should be aware of employees needing to get home. If a decision is made to close the office, the employees should be informed as soon as possible and employers should make payment for the full day.

Equally employers will need to be mindful that some employees may need to leave early as a result of schools or nurseries closing. Where possible, employers could allow employees to work from home. In some circumstances allowances could be made for this to happen in advance even if this is not a normal course of action during the rest of the year.

Where employees are unable to turn up for work due to poor weather, there is no obligation on employers to pay employees for the day (or days) that they don’t attend. Employers should ask the employees whether they would prefer to take the day or days as paid holiday or unpaid leave.

Will you be paying for the Royal wedding bank holiday?

The weather is freezing and the economic forecasts are even chillier but at least you have a Royal wedding to look forward to next year.

The announcement of the Royal Bank Holiday on 29 April 2011 has been welcomed by many but it has also been reported that it is employers that will be left to pick up the cost, not the government or the Royal newly-weds.

The extra bank holiday will fall between Easter and May Day, creating two consecutive 4 day weekends and the Federation of Small Businesses has voiced concerns about the impact that this will have on SMEs.

Most are assuming that this will be an additional holiday but that is not necessarily correct for most employees.

There is no general statutory right to take such holidays and whether an employee can or cannot take them is a matter that is normally covered by the contract of employment.

Many contracts refer to the eight normal bank or public holidays as an additional entitlement to the usual holiday entitlement of four weeks.

If however the contract is silent or as in many small businesses there is nothing specific written at all, then the position is governed by The Working Time Regulations 1998 as amended.

These provide for a total entitlement of 5.6 weeks holiday per annum. This is equivalent to 28 days for someone who works five days per week. As a result, provided an employee requests the 29 April 2011 in the prescribed manner and the employer agrees this holiday then all is well and good but it will form part of the annual holiday entitlement and will not be an additional entitlement.

So check your own situation carefully before deciding what to do about the royal wedding bank holiday. It might not be you that is paying for it after all.

Out with the Oldies

It was widely reported in the national press this week how elderly members of staff at the Marquess of Bath’s estate at Longleat had been forced to retire.

It was reported that over a two week period, every worker over 65 years, including 18 over the age of 70, had been given their marching orders by the Marquess’s son Ceawlin, who now runs the estate.

So is this allowed?

At the moment, employers can compulsorily retire an employee at 65 but only until new legislation comes into force in October 2011, that will prevent them from doing so.

This forthcoming change is thought to be behind the action at Longleat and Age UK has reported that similar incidents have been brought into its attention.

So is the answer to get rid of all the oldies now?

This approach should be used with some caution and employers will need to make sure that they do not discriminate against people on the grounds of their age. If they are going to make anyone compulsorily retire, then they must make sure that they do so in accordance with the Employment Equality (Age) Regulations 2006.

Failure to do so could result in hefty orders being made against them by the Employment Tribunal which might prove very expensive indeed, even if you are a Marquess.

The employers guide to the office Christmas party

Christmas is the time for cheer, the office Christmas party and the odd tipple but are you aware of the risks to you as an employer?

If you are going to provide drinks at the office party, limit the number of free drinks and make sure there are plenty of non alcoholic choices available. This will avoid any issues of religious discrimination. Be prepared to send an employee home if their conduct becomes inappropriate.

Remember that employers can be held responsible for employee’s actions during and after the Christmas party. If your employees have been drinking make sure that they don’t drive home and give some thought to providing pre-arranged transport. It doesn’t have to be at your cost but paying for a cab or mini bus could save you a lot in the long run.

Driving whilst under the influence of drink or drugs in the course of employment can have serious consequences for an employer at Christmas, or any other time. If your employee causes a death as a result of driving under the influence you as the employer can be held liable and the Courts have the power to order huge fines that could bankrupt a small company. Even worse, you could be faced with a prison sentence for corporate manslaughter.

If you are planning on decking the halls of the office with boughs of holly you must also be aware of health and safety issues. According to the Royal Society for the Prevention of Accidents over 1,000 people are injured every year by unsecured Christmas trees. If you are planning on party balloons, just be aware that over 3.6million people have a latex allergy.

Needless to say, it is essential to make sure that you have an up to date policy and a no-nonsense approach to disciplining any employee found to be driving whilst under the influence or whose conduct becomes inappropriate. Getting this right isn’t just for Christmas.

New face at Employment Department

The Employment Department at Barnes Marsland has strengthened its team with the appointment of Sarah Hamer.

Sarah will be based at the Margate office working closely alongside Colin Chapman to offer high quality legal advice to employers in the area. Sarah joins from MTA in Bromley and has specialised in Employment Law for over five years dealing with about 350 cases at Employment Tribunal.

“Employment is one of the few areas of the law that is always changing and business leaders just can’t afford to get it wrong” says Sarah.

Sarah lives in Broadstairs with her husband and 15 month old son. She was born in Margate and grew up in Minnis Bay and still has family in the area.

“Local business will be seeing more of me“, explains Sarah “and I am always happy to advise on the perils of Employment law.”

Sarah Hamer will be helping Colin on the blog and can be contacted at the Margate office on 01843 221466 or sarahhamer@barnesmarsland.co.uk