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February 2012
Putting lawyers in touch with the youth of Oldham
Pearson Hinchliffe partner, Michael Pitt, takes over as 2012 Oldham Law Association President.
MoreIs your firm in a fit state to handle swine flu?
4th August 2009
While there appears to have been a peak in cases of swine-flu for the moment, employers should be planning ahead in case the situation worsens as experts predict. By employment law partner, Michael Pitt.
At the end of July, 2009, the chief medical officer, Sir Liam Donaldson, said, “There's a possibility the virus has had its fill of us for the moment," but warned the virus will return with "a very big surge" in the autumn.
Employers have to ensure under the Health and Safety at Work Act 1974 that, as far as reasonably practicable, they do not expose their employees to health and safety risks.
This clearly extends beyond providing them with a safe environment — it also includes warning them about, and protecting them from, infectious diseases.
You can easily provide employees who have e-mail access with links to the latest information and advice on Government websites. For employees without e-mail access, put up posters setting out current advice and reiterating the need for staff to follow basic hygiene procedures.
Consider if there are any workplace practices you can change to cut the risk of infection spreading. Could you, for example, reduce business travel or allow more employees to work from home, so that fewer employees have to share confined spaces?
You should also plan for the impact that any outbreak may have on your business.
Do you, for example, need to train back-up employees to cover key functions?
Do you have alternative companies lined up in case any of your main suppliers is badly affected?
Who would you include on any crisis team, if one became necessary?
In advance of any threat, it may be a good idea to send employees a memo outlining any changes to current practices and procedures you may have to adopt.
If any of your own employees show swine-flu symptoms, urge them to seek medical advice straight away and to stay away from work until they have completely recovered.
If, despite your best efforts, a large proportion of your work force comes down with the virus and you have shut the business completely for a period, it may be worth considering the need to include a force majeure clause in key contracts with other organisations.
This could enable you to avoid liability for breaching your contractual obligations for the duration of an outbreak that it is beyond your control. Careful drafting to ensure that the clause is reasonable and fair will be essential, so I advise you to seek legal advice.
By taking immediate steps to keep your people informed about the risk of infection and the contingency plans you will implement, you should continue to reap the benefits of good relationships with your workforce and clients.
Download the government's official leaflet here. (PDF, 1,427kb)
Pearson Hinchliffe Commercial Law are able to advise you on employment law matters, especially managing redundancies.
This article also appeared here, and here.
January 2012
Company and commercial law reforms to reduce red tape
Companies of all shapes and sizes have been asked for their views on how to tackle unnecessary bureaucracy in company and commercial law.
MoreJanuary 2012
Increase in unfair dismissal qualifying period will apply only to new employees
From 6 April 2012 the qualifying period of service for making a claim increases from one to two years.
MoreJanuary 2012
Maximum compensation for unfair dismissal increases from 1 February 2012
Annual revision of employment tribunal award limits and other amounts payable under employment legislation.
MoreDecember 2011
Health and safety laws to be cut by half
Government plans to slash health and safety red tape will mean substantial savings for small firms, business groups have said.
MoreNovember 2011
Weight Watchers case: the importance to employers of employment status.
The Upper Tier Tribunal holds 1,700 ‘leaders’ at Weight Watchers were employees for tax purposes.
MoreSeptember 2011
How to Conduct a Disciplinary Hearing
A recent presentation by Employment solicitor, Susan Mayall, setting out the stages for handling a disciplinary, referencing the ACAS Code of Conduct.
June 2011
ACAS Advice leaflet “Holidays and Holiday Pay”
Download the guidance covering arrangements for holidays and holiday pay.
October 2010
Recent Case Study: Commercial Landlord and Tenant - An Authorised Guarantee Agreement
Authorised Guarantee Agreements keep the original tenant on the hook in case a third party assignee defaults; they should be drafted with care.
July 2010
Recent Case Study: Doing Battle in the Boardroom
How Pearson Hinchliffe Commercial Law helped members of the Board of Directors achieve the outcome they sought in their boardroom dispute with a senior executive director.
May 2010
How the Mergers & Acquisitions team helped Lanes Group PLC achieve their LAS sell-off
Drainage specialists dispose £12.3 million majority stake in Lanes Assistance Services.
March 2010
PH Employment Direct
The Employment team at Pearson Hinchliffe Commercial Law have created PH Employment Direct - a user-friendly and simple service that gives you access to the best advice at the end of a phone 24hrs a day, 7 days a week, 365 days a year.
February 2010
Oldham Construction Sector
On 3 February 2010 Corporate Commercial partner Roger Hinchliffe delivered a presentation entitled, ‘Joint Ventures’ to the Oldham Construction Sector group.
January 2010
Debt Recovery Service
With our specialist commercial Debt Recovery service you can significantly increase the speed and likelihood of recovering the money owed to your business.