Food and Drink Seminar, Birmingham - 4 October 2011

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Food and Drink seminar presenations slides - Birmingham, 4 October 2011

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  • 1. Eversheds Food and Drink SectorSeminarAdvice and guidance with real biteParmjit Singh, Head of Food and Drink SectorEversheds LLP4 October 2011

2. Food & Drink Annual SeminarChanging your Operational SpaceLisa Barge & Wie-men Ho, Eversheds LLP4 October 2011 3. Changing your Operational Space People Managing Redundancies Redundancy selection criteria Agency Workers Implementing pay cuts Property Sale Getting out of leases Residual liabilities 4. Changing your Operational Space Managing Redundancies Selection Consultation Alternative employment 5. Selection Pools Disability Discrimination & ReasonableAdjustments Lancaster -v- TBWA Manchester UK EAT Employee suffered from panic and social anxiety disorder 3 selection criteria focused on communication skills Does an employer have a duty to make reasonableadjustments to redundancy selection criteria applied to adisabled employee? 6. Selection Pools Bumping Redundancy Fulcrum Pharma (Europe) Ltd -v- Bonassera andOther Importance of considering whether a redundancypool should be constituted on a vertical ratherthan a horizontal basis Onus on employer to raise issue 7. Consultation Age Discrimination and Consultation Woodcock -v- Cumbria Primary Care Trust Does it amount to age discrimination to dismisssomeone without proper consultation so that thenotice period expires before the employee qualifiesfor enhanced pension payments? Considering the defence of justification 8. Collective Consultation In what circumstances can employer can treatemployee representatives as elected withoutholding a formal ballot Phillips -v- Xtera Communications Ltd Number of candidates for employeerepresentatives in a collective redundancysituation exactly matches the number of vacanciesdoes the employer still have to hold a ballot? 9. Alternative Employment Regulation 10 of the Maternity and PaternityRegulations Alternative employment and redundancy of employeeon maternity leave Trial periods - Optical Express Limited -v- Williams 10. Agency Workers and Redundancy Laws Obligation to inform and consult in a collectiveredundancy situation will include informationabout agency workers Access to information about vacancies 11. Alternatives to Redundancy Reducing employee headcount Work stoppages Pay Reductions Secondments Early Retirement 12. Sale Options Sale Sale and Leaseback Owner Buyer of Freehold (Landlord) Lease back to original owner (Tenant) 13. Getting out of LeasesFlexibilityTimingBargaining Power Critical?Strength of Legal BreaksFlexible on PositionTiming?Ability to Commit Cost of delayBranch Performance s.25/Landlords.26/Litigation CostsBreachess.27 Strategic ImportanceCost/Benefit ConsiderRecoverabilityAlienationSurrendersStreamlining Quickest Route to exit? 14. Break Options Drafting Service Conditionality Loose Ends Insurance By when do theconditions need Correct Parties Vacantto be complied Possession Methodwith? Searches Return of Lease Place Use of Calculation ofcorrespondenceDates Return of Keys Timingto put landlord ina more difficult Interpretation Dilapidationsposition Confirmation 15. AlienationHow to make the best applicationThe ApplicationThe Response Compliant with 1988 Act Is it in time? And does it comply with the Includes undertaking 1988 Act? Encloses references/accounts If not you may be able to proceed Warns of consequenceswithout consent Seeks to obtain consent via a signed Implications/risksletter. The Outcome The Proceedings Consent obtained; or Fixed fee Issue proceedings; or 3-4 months if part 8 claim Proceed anyway. Create tactical pressure Can recover damages. 16. Landlord BreachesPossible (usually tricky) optionsRepudiatory breach by Landlord e.g. derogation from grant or breachof quiet enjoyment Has the Lease been affirmed?NoYes Tenant may be able to terminate the Lease 17. Residual Liabilities Dilapidations Injunctions Damages ForfeitureRe-Entry to Undertake Works Is notice validly served? Leasehold Property Leasehold Can some of (Repairs) Act Property the work be 1938? (Repairs) Act excluded? 1938? Can the Rainbow v Can entry be landlord show S.146 LPA 1925Tolkenhold refused? that there is a diminution in Waiver Can the value to its landlord be interest? Right to relief deterred based (Section 18 upon the LTA 1927) practical difficulties? 18. Final Remarksand Questions? 19. Eversheds Food and Drink SectorSeminarBreak 20. Managing Health and SafetyThe Proactive StanceAshleigh Birkett, Eversheds LLP4 October 2011 21. Aims and objectives Reminder of key legislative provisions What is reasonable practicability? Core elements of safety management system Pitfalls v proactive steps Culture 22. Key Health & Safety offences 23. Key Legislation Section 2 HSWA 1974 Section 3 HSWA 1974 Regulations Duties flow from the main legislation for individual offences and for organisation specific criminal offences 24. Qualified Duty Regulation 40: it shall be for the accused to prove (as the case may be) that it was not practicable or not reasonably practicable to do more than was in fact done to satisfy the duty or requirement 25. What is reasonable practicability? Balancing exercise Risk what is the potential for harm and thechance of it occurring? Forseeability the more forseeable, the graverthe offence Ultimately only the Court can decide 26. Successful Health and SafetyManagementThe Core Elements 27. HSG 65 organisations need to manage health andsafety with the same degree of expertise and tothe same standards as other core businessactivities, if they are to effectively control risksand prevent harm to people. 28. HSG 65 Current guidance Consultation on proposed changes to HSG 65 29. Core Elements of Management System Plan determine your policy and plan itsimplementation; Do - organise and implement; Check measure performance; Act review performance. What are the lessonslearned? 30. PitfallsWhat will prevent the system from working as itshould? 31. Pitfalls low level Policies and procedures inadequate Training not up to date Culture amongst employees of not followingprocedures Monitoring breaks down not a localised failure Internal/external audits not acted upon Minutes and other corporate documents tell apoor story Previous similar incidents no lessons learned 32. Pitfalls high level Poor industrial relations - where to find reliablewitnesses Customer/publicity aversion - a commercialfactor but often important Cost v prospects of success Perception of harm to relationships with foodauthority/local EHOs 33. What are the consequences of getting itwrong? 34. Health and Safety Offences 2004/2005Penalties imposed by the courts following work-related fatalitiesYear of verdict Total penalty Average penalty Average penalty perper caseconviction1999/00 1,618,25024,896 16,6832000/01 1,577,25021,030 13,5972001/02 4,376,30037,727 24,5862002/03 2,387,13731,410 23,1762003/04 3,540,30043,707 27,8762004/05p2,867,25042,795 29,867Feb-Apr 101,640,000136,666109,333 35. Proactive StepsImproving Culture and Commitment 36. Culture which is your organisation? Generative Safety is how we do business around hereProactive We work on problems that we still findCalculativeWe have systems in place to manage all hazards Reactive Safety is important, we do a lot every time we have an accidentPathological Safety? Who cares as long we were not caught 37. Challenge your organisation What could go wrong? Why wont that happen? today? tomorrow? What else should we do? What else could we do? Are we improving? Is the safety managementsystem working as it should? 38. Brainstorming1. How are you able to demonstrate the companys commitment to health and safety?2. How are you ensuring all staff including the board are sufficiently trained and competent in their health and safety responsibilities?3 How confident are you that your workforce, particularly safety representatives, areconsulted properly on health and safety matters, and that their concerns arereaching the appropriate level?4 What systems are in place to ensure your organisations risks are assessed, and thatsensible control measures are established and maintained?5 How well do you know what is happening on the ground, and what audits orassessments are undertaken to inform you about what your organisation andcontractors actually do?6 What information does the company collate regularly about health and safety, egperformance data and reports on injuries and work-related ill health?7 What targets have you set to improve health and safety and do you benchmark yourperformance against others in your sector or beyond?8 Where changes in working arrangements have significant implications for health andsafety, how are these brought to the attention of the board? 39. Proactive Steps1. Review your systems and processes legal audit?2. Consider training of senior managers3. Engage the business in H&S4. Documents and Record Keeping5. Risk assessments6. Culture 40. Health and Safety Hot Topics Work at Height Respiratory risks Asbestos risks Managing Contractors 41. Final Remarksand Questions? 42. Implementing the new European ruleson labellingElizabeth Hyde, Eversheds LLP4 October 2011 43. Implementing the new European ruleson labellingThis session will cover: The Food InformationRegulation what ischanging? The latest on theimplementation of theNutrition and HealthClaims Regulation. 44. The Food Information RegulationWhat is changing? Minimum font size for Extension of rules formandatory origin of food labellinginformation Food authenticity Nutrition labelling Distance selling Mandatoryinformation on Alcoholallergens 45. Requirements for mandatoryinformationWhat is mandatory information? Article 9 The name of the food The list of ingredients (extended) Allergens / intolerances from a prescribedlist (eg wheat, eggs, mustard, milk etc). Quantity of certain