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Essex Business Club
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Copyright Flexible HR Ltd
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Agency Worker Regulations – Oct 2011 Bribery Act 2010 - July 2011 Employment Equality (Repeal of Retirement Age) – Regulations - April 2011 Copyright Flexible HR Ltd
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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
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Key Person – responsible for AWR Agency Worker Policy Compliance Copyright Flexible HR Ltd
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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
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"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
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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
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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
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6 Principles Proportionate Procedures Top level commitment Risk assessment Due diligence Communication Monitoring and review Copyright Flexible HR Ltd
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Recruitment Expenses Gifts and hospitality Disciplinary Procedures Contractual requirements Bonus and commission schemes Whistle-blowing policies Investigation of Bribery Allegations Copyright Flexible HR Ltd
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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
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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
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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
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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
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Temps – Review processes Bribery Act – review policies and procedures Repeal of retirement age – performance issues, review policies/contracts, workplace discussions Copyright Flexible HR Ltd
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Thank you Copyright Flexible HR Ltd
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Est. 2006 Covering Essex and UK Professional and Flexible Service Fully CIPD qualified staff Contact Suzanne or Sam suzanne@flexiblehrltd.co.uk sam@flexiblehrltd.co.uk www.flexiblehrltd.co.uk Copyright Flexible HR Ltd
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