Essex Business Club
Copyright Flexible HR Ltd
Agency Worker Regulations – Oct 2011 Bribery Act July 2011 Employment Equality (Repeal of Retirement Age) – Regulations - April 2011 Copyright Flexible HR Ltd
Equal treatment Same basic terms and conditions Access to Job vacancies 12 week qualifying period Use a “Comparator” Anti avoidance Agency/Employer Liability Copyright Flexible HR Ltd
Key Person – responsible for AWR Agency Worker Policy Compliance Copyright Flexible HR Ltd
Applies to all organisations Updates UK Anti Corruption Law Criticised re Corporate Hospitality Criminal liability - Employees Criminal liability - Organisations Prison sentences and fines Copyright Flexible HR Ltd
"a financial or other advantage" offered, promised or given to induce a person to perform a relevant function or activity improperly, or to reward them for doing so. (Section 1 Bribery Act 2010). Copyright Flexible HR Ltd
Offering, promising or giving a bribe to another person Requesting, agreeing to or accepting a bribe Bribing a foreign public official to obtain or retain business Liability offence for a commercial organisation which fails to prevent bribery by those acting on their behalf for its benefit Copyright Flexible HR Ltd
An employee offers a potential client tickets to the 2012 Olympics Men's 100 metres finals, but only if they agree to do business with their company. Copyright Flexible HR Ltd
6 Principles Proportionate Procedures Top level commitment Risk assessment Due diligence Communication Monitoring and review Copyright Flexible HR Ltd
Recruitment Expenses Gifts and hospitality Disciplinary Procedures Contractual requirements Bonus and commission schemes Whistle-blowing policies Investigation of Bribery Allegations Copyright Flexible HR Ltd
Repeal of default retirement age Can only have a retirement age if you can justify it Examples could be Police, Airline Pilot (fitness is paramount) Most organisations will have removed it Copyright Flexible HR Ltd
Default retirement age transitional period until 30 Sept 2011 No issue of new notifications of retirement relying on DRA since 5 April 2011 Doesn’t apply to extensions Copyright Flexible HR Ltd
Key Dates 30/9/11Only employees who are 65 by this date can be retired under the current rules 4/1/12 the last date on which an employee can make a request to work beyond retirement 5/4/12 the last date on which notices of retirement can expire Copyright Flexible HR Ltd
For dismissals where individual no longer performing – Capability Ensuring contracts are up to date Assistance with ‘workplace discussions’ recommended by ACAS Employee can still opt to retire Copyright Flexible HR Ltd
Temps – Review processes Bribery Act – review policies and procedures Repeal of retirement age – performance issues, review policies/contracts, workplace discussions Copyright Flexible HR Ltd
Thank you Copyright Flexible HR Ltd
Est Covering Essex and UK Professional and Flexible Service Fully CIPD qualified staff Contact Suzanne or Sam Copyright Flexible HR Ltd