Legal firm warns against employing agency workers to break strikes
Posted October 26, 2009
http://www.bytestart.co.uk/content/lega ... rike.shtml
A leading North West law firm is warning the UK’s 4 million small firms not to draft in agency workers to cover for striking staff, since this could breach employment regulations and result in a high fine.
Head of employment law at Mace & Jones, Martin Edwards, said the legal position is more complex than the recent debate about Royal Mail's plans to recruit agency workers to deal with the postal backlog after strikes. The Conduct of Employment Agencies and Employment Businesses Regulations 2003 provide that an employment business must not introduce or supply a worker to a hirer to perform duties performed by a striking worker.
“It is a little-known provision introduced by the present government, which creates even more problems for an employer facing an industrial dispute,” he said. “The rules make it more difficult to counter-attack against strikers by bringing temps into the workforce. Temp agencies themselves are in the legal firing line, and if Royal Mail recruited and employed extra staff itself, without involving an agency, it may be that the Regulations would not apply. But this is a tricky area of the law, which has not been subject to extensive judicial interpretation, and the penalties for breach are severe.”
Mr Edwards said the best advice for an employer in this situation is to seek to negotiate a sensible solution to the dispute, while implementing a strategy, not dependent on agency workers, to keep the business running while negotiations continue.
“It is vital to seek experienced support to manage disputes involving complex areas of employment law,” he said. “Strike action is hugely disruptive and damaging to a business. Failure to follow the law correctly could pour petrol on the flames. Thorough, informed and expert legal advice really is critical.”
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Legal firm warns against employing agency workers to break s
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Geezer
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POSTMAN
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Re: Legal firm warns against employing agency workers to break s
To: All Branches
Dear Colleagues,
TEMPORARY AND AGENCY WORKERS IN ROYAL MAIL (PLAN TO RECRUIT 30,000 TEMPORARY STAFF) - HEALTH & SAFETY.
Following last Sunday's high profile announcement through the media of Royal Mail's plans to recruit quote "an army of 30,000 temporary and agency staff" which is double the amount normally employed over the Christmas Pressure period, you will know that these plans have been challenged by the General Secretary and DGS(P).
Separately and in support of the Union's general concerns about the uncontrolled use of Temporary and Agency Staff, the Health, Safety & Environment Department immediately raised a number of crucial concerns regarding health and safety legal compliance in relation to the employment of these temporary staff as there is strong potential for widespread legal non-compliance, safety law breaches and risk taking. It was pointed out that Royal Mail's plans to employ double the number of people for double the amount of time could mean double the amount of health and safety issues!
Assurances were therefore sought from Royal Mail in relation to:
Essential co-operation between Agencies and Royal Mail on Health and Safety as required by Law.
The need for Royal Mail managers to accept the same standards and same legal duties regarding Health and Safety Risk controls and compliance apply to Agency and temporary staff as they do to full time Royal Mail staff.
Royal Mail ensuring that temporary and casual employees receive adequate training, are provided with relevant information and given instruction about risks, safe working methods and the procedures to control safety risks before work placement starts and supervision regarding their duty to take care of themselves and other people they work with and others who may be affected by their work. Typically, manual handling, slips & trips, dog attacks, use of trolleys, cycles are common causes of delivery injuries and Royal Mail will need to ensure all reasonable steps are taken to protect the safety of temporary workers by ensuring the working environment and work methods are fit for purpose and safety rules are taken seriously and monitored.
Agencies offering and Royal Mail employing applicants with appropriate training, qualifications and experience.
Royal Mail assessing the temporary and agency workers’ suitability and competence at the outset of the work placement.
Royal Mail providing health and safety training for the temporary workers matched to their needs.
Royal Mail checking that temporary workers have understood the health and safety training given and that they continue to follow procedures correctly whilst employed
Royal Mail providing personal protective equipment and clothing (PPE) as required, to the same standard as full time Royal Mail staff. (Alternatively for Agency workers, the Agency must provide it to the same Royal Mail Standard).
Royal Mail considering the need and requirement to meet legal health and safety duties in other languages.
Co-operation between Royal Mail and Employment Agencies throughout the work placement with Royal Mail and the Agencies do not ‘assume’ that one or the other is taking care of health and safety communications.
Royal Mail ensuring that people working on their premises or on the streets who are Agency staff, directly recruited temporary staff or self-employed or who work for other contractors receive relevant safety information, instructions, wear correct PPE e.g. foot protection and weather protection etc and that they work safely in accordance with risk assessments and safe systems of work.
Managers being made aware of relevant legislation and receiving relevant training, information, instruction in order to be competent to manage health and safety effectively for temporary staff.
Depending on the risk assessment either Royal Mail as the employer or Agencies may need to carry out health checks for the workers concerned.
Royal Mail must make provision for welfare for all these temporary employees.
Royal Mail must ensure that the Working Time Regulations are complied with, setting out working hours and rest breaks. Royal Mail must check if the workers work elsewhere to ensure their total hours do not exceed the maximum limits set.
Royal Mail must agree with Agencies who will be responsible for any RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995), accident reports in respect of Agency workers and ensure that information will be exchanged so that the relevant forms can be completed.
Royal Mail ensuring that Agency and temporary drivers are adequately qualified, fit, healthy and competent to drive the vehicles concerned and that they are not working excessive hours and driving for excessive periods and distances for Royal Mail and other employers in combination.
Royal Mail ensuring that Agency and Temporary staff don't use their own private cars on delivery without checking their competence, risk assessing the vehicle for safety and mail security, checking that full Commercial Business use insurance cover is held, checking that a full drivers licence is held and carrying out checks on the roadworthiness of their cars and that they have Tax, MOT etc.
Royal Mail ensuring that there is full compliance by Agency and Temporary drivers with the Health and Safety at Work Act 1974, the Management of Health and Safety at Work Regulations 1999, The Provision of Work Equipment Regulations 1998 (in relation to any private Vehicles used), the Highway Code and both EU and Domestic Drivers Hours Rules.
Royal Mail providing assurances to the CWU, Police, HSE and VOSA that the above requirements will be met in full.
In discharging their legal duty of care to provide a safe place and safe system of work, a workplace as defined in health and safety legislation is any place or places an employee frequents during their working hours.
See reproduced below the letter sent to Royal Mail Letters Director Safety Norman Smith on Monday 19 October and the reply received on Friday 23 October, stating that "This annual process is indeed earlier than usual for the Christmas surge due to the operational needs. Royal Mail will be conducting full safety induction training and ensuring that the sites used are safe and have the appropriate welfare facilities in place to ensure the health and safety of the temporary and agency staff is maintained."
Area and Workplace Safety Representatives will therefore be able to monitor the situation and closely scrutinise the maintenance safety standards and safe working methods involving Temporary, Casual and Agency staff.
Yours Sincerely
Dave Joyce
National Health, Safety & Environment Officer
Dear Colleagues,
TEMPORARY AND AGENCY WORKERS IN ROYAL MAIL (PLAN TO RECRUIT 30,000 TEMPORARY STAFF) - HEALTH & SAFETY.
Following last Sunday's high profile announcement through the media of Royal Mail's plans to recruit quote "an army of 30,000 temporary and agency staff" which is double the amount normally employed over the Christmas Pressure period, you will know that these plans have been challenged by the General Secretary and DGS(P).
Separately and in support of the Union's general concerns about the uncontrolled use of Temporary and Agency Staff, the Health, Safety & Environment Department immediately raised a number of crucial concerns regarding health and safety legal compliance in relation to the employment of these temporary staff as there is strong potential for widespread legal non-compliance, safety law breaches and risk taking. It was pointed out that Royal Mail's plans to employ double the number of people for double the amount of time could mean double the amount of health and safety issues!
Assurances were therefore sought from Royal Mail in relation to:
Essential co-operation between Agencies and Royal Mail on Health and Safety as required by Law.
The need for Royal Mail managers to accept the same standards and same legal duties regarding Health and Safety Risk controls and compliance apply to Agency and temporary staff as they do to full time Royal Mail staff.
Royal Mail ensuring that temporary and casual employees receive adequate training, are provided with relevant information and given instruction about risks, safe working methods and the procedures to control safety risks before work placement starts and supervision regarding their duty to take care of themselves and other people they work with and others who may be affected by their work. Typically, manual handling, slips & trips, dog attacks, use of trolleys, cycles are common causes of delivery injuries and Royal Mail will need to ensure all reasonable steps are taken to protect the safety of temporary workers by ensuring the working environment and work methods are fit for purpose and safety rules are taken seriously and monitored.
Agencies offering and Royal Mail employing applicants with appropriate training, qualifications and experience.
Royal Mail assessing the temporary and agency workers’ suitability and competence at the outset of the work placement.
Royal Mail providing health and safety training for the temporary workers matched to their needs.
Royal Mail checking that temporary workers have understood the health and safety training given and that they continue to follow procedures correctly whilst employed
Royal Mail providing personal protective equipment and clothing (PPE) as required, to the same standard as full time Royal Mail staff. (Alternatively for Agency workers, the Agency must provide it to the same Royal Mail Standard).
Royal Mail considering the need and requirement to meet legal health and safety duties in other languages.
Co-operation between Royal Mail and Employment Agencies throughout the work placement with Royal Mail and the Agencies do not ‘assume’ that one or the other is taking care of health and safety communications.
Royal Mail ensuring that people working on their premises or on the streets who are Agency staff, directly recruited temporary staff or self-employed or who work for other contractors receive relevant safety information, instructions, wear correct PPE e.g. foot protection and weather protection etc and that they work safely in accordance with risk assessments and safe systems of work.
Managers being made aware of relevant legislation and receiving relevant training, information, instruction in order to be competent to manage health and safety effectively for temporary staff.
Depending on the risk assessment either Royal Mail as the employer or Agencies may need to carry out health checks for the workers concerned.
Royal Mail must make provision for welfare for all these temporary employees.
Royal Mail must ensure that the Working Time Regulations are complied with, setting out working hours and rest breaks. Royal Mail must check if the workers work elsewhere to ensure their total hours do not exceed the maximum limits set.
Royal Mail must agree with Agencies who will be responsible for any RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995), accident reports in respect of Agency workers and ensure that information will be exchanged so that the relevant forms can be completed.
Royal Mail ensuring that Agency and temporary drivers are adequately qualified, fit, healthy and competent to drive the vehicles concerned and that they are not working excessive hours and driving for excessive periods and distances for Royal Mail and other employers in combination.
Royal Mail ensuring that Agency and Temporary staff don't use their own private cars on delivery without checking their competence, risk assessing the vehicle for safety and mail security, checking that full Commercial Business use insurance cover is held, checking that a full drivers licence is held and carrying out checks on the roadworthiness of their cars and that they have Tax, MOT etc.
Royal Mail ensuring that there is full compliance by Agency and Temporary drivers with the Health and Safety at Work Act 1974, the Management of Health and Safety at Work Regulations 1999, The Provision of Work Equipment Regulations 1998 (in relation to any private Vehicles used), the Highway Code and both EU and Domestic Drivers Hours Rules.
Royal Mail providing assurances to the CWU, Police, HSE and VOSA that the above requirements will be met in full.
In discharging their legal duty of care to provide a safe place and safe system of work, a workplace as defined in health and safety legislation is any place or places an employee frequents during their working hours.
See reproduced below the letter sent to Royal Mail Letters Director Safety Norman Smith on Monday 19 October and the reply received on Friday 23 October, stating that "This annual process is indeed earlier than usual for the Christmas surge due to the operational needs. Royal Mail will be conducting full safety induction training and ensuring that the sites used are safe and have the appropriate welfare facilities in place to ensure the health and safety of the temporary and agency staff is maintained."
Area and Workplace Safety Representatives will therefore be able to monitor the situation and closely scrutinise the maintenance safety standards and safe working methods involving Temporary, Casual and Agency staff.
Yours Sincerely
Dave Joyce
National Health, Safety & Environment Officer
I Wrote-During Covid-Which is still relevant now
It's good to get these types of threads, the ridiculous my manager said bollox, so we can reassure ourselves that while the world is falling apart, Royal Mail managers are still being the low-life C***S they have always been.
My BFF Clash
The daily grind of having to argue your case with an intellectual pigmy of a line manager is physically and emotionally draining.
It's good to get these types of threads, the ridiculous my manager said bollox, so we can reassure ourselves that while the world is falling apart, Royal Mail managers are still being the low-life C***S they have always been.
My BFF Clash
The daily grind of having to argue your case with an intellectual pigmy of a line manager is physically and emotionally draining.
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barbario
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Re: Legal firm warns against employing agency workers to break s
This all sounds like trainning to me.Thats something they don't even give us anymore.If theses temps are only to do backlog work,why are they doing our fresh inward foreign mail which as just arrived in the country,this is not backlog work and its too early for christmas.My MC sends them this mail every day.We could easily process this mail ourselves.