Employment status

An employment tribunal held that an Excel cycle courier was a worker rather than being in business on their own account, therefore succeeding in their claim for a week’s holiday pay.

The case applies the recent Court of Appeal decision in Pimlico Plumbers Ltd v Smith [2017] EWCA Civ 51.

(Boxer v Excel Group Services Ltd ET/3200365/2016)

How can Crimson Crab help?

Workers' Status

The Court of Appeal have decided that a plumber was a worker for the purposes of the Employment Rights Act 1996 and the Working Time Regulations 1998 as well as an employee within the extended meaning of the term in the Equality Act 2010. This was in spite of the plumber’s contract labelling him as an independent contractor.

There is significant interest in worker status at present, especially following the employment tribunal decisions in the Uber and CitySprint situations and in light of the ongoing Taylor review into modern working practices.

(Pimlico Plumbers Ltd and Mullins v Smith [2017] EWCA Civ 51)

Thinking of outsourcing : do your diligence!

This time of year many business owners look to outsourcing certain activities. This can be a great way of reducing the burden or growing the business.

On the other hand the wrong outsourcing partner can cause mayhem and add to the stress levels. Not an ideal solution!

To reduce the risk do some basic diligence:

  1. Do they have appropriate qualifications – this could be a recognised qualification or qualification by doing. In other words do they know what they are talking about?
  2. Are they experienced – have they done the work (or similar work) in the past and can you talk to a previous client about their experience?
  3. Do they comply with the relevant legislation – they need to know what laws apply to their business and be compliant with them. A great example is data protection. You don’t want to have an issue because your outsourcing partner doesn’t understand their responsibilities with your data!
  4. Are they insured for the work they will be doing for you – insurance is a safety net for you and may influence your bargaining position over rates!

The extent of the diligence you do clearly relates to the value of the contract but remember it is your reputation to lose!

If you are going to rely on recommendations from others, always ask yourself why the person is giving the recommendation. For example is it because:

  • they have experienced the service and found it to be satisfactory?
  • they know someone from a networking meeting?
  • they know someone from social media?
  • they are going to receive some form of payment for the introduction?

The rationale for the introduction is important to your decision making process.

If it helps Crimson Crab can carry out diligence on potential outsourcing partners read more…

Our Reputation Advocates have been checked against the membership criteria, so that some of the diligence legwork has been done for you. They also work to our Ethical Trading Policy and Code of Conduct to give added peace of mind. The directory of members is here.

What is sensitive personal data?

Sensitive personal data means personal data consisting of information as to –

(a) the racial or ethnic origin of the data subject,

(b) their political opinions,

(c ) their religious beliefs or other beliefs of a similar nature,

(d) whether they are a member of a trade union (within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992),

(e) their physical or mental health or condition,

(f) their sexual life,

(g) the commission or alleged commission by them of any offence, or

(h) any proceedings for any offence committed or alleged to have been committed by them, the disposal of such proceedings or the sentence of any court in such proceedings.

If you have concerns about compliance with the Data Protection Act our Data Protection MOT may be just for you. Read more…

What is personal data?

According to the Data Protection Act personal data means

data which relate to a living individual who can be identified –

(a) from those data, or

(b) from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller,

and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual.

Where the ability to identify an individual depends partly on the data held and partly on other information (not necessarily data), the data held is still “personal data”.

It is also very important to remember that the definition also specifically includes opinions about the individual, or what is intended for them. This could apply to notes made at an interview or a managers assessment of an individual at the end of their probationary period.

If you have concerns about compliance with the Data Protection Act our Data Protection MOT may be just for you. Read more…

Southern Entrepreneuers – PORTSMOUTH FREE EVENT

Regulation for Small Business

06 Dec 2016 10:00 – 13:00

Enterprise Centre – PORTSMOUTH

This workshop will give an awareness of the areas of regulation that may apply to a business and how to go about developing compliance controls as a response to the ever increasing number of regulations and need for operational transparency.

Find out more and book your place…