As part of your PDA Membership, you get free 24/7 online business and legal support through our partner Abbey Legal and their elXtr portal. All you need to do is create an account to access a wide range of documents


whether contract related or employment support or even commercial property help. Check out the details on the PDA Website Member Benefit Area under ‘Legal Assistance’ at www.paintingdecoratingassociation.co.uk


Example Case study:


Mr Smith is self-employed as a decorator. He has two employees working for him on a full-time basis. One of the two employees is a keen footballer and plays for his local team at the weekend. Unfortunately, during a match he fell badly and fractured his leg and he is now unable to attend work for six weeks. This injury has arisen at a very critical time.


Mr Smith has just taken on a really big contract with a property development business and needs both employees to be present to complete the work by the client’s deadline. The contract has the potential to lead onto


other work if the right impression is made but how will this now be possible with 50% of the staff gone?


Mr Smith ponders over the situation and thinks


the best thing to do is sack the employee, because it was his fault that he broke his leg.


Is sacking the right action to take?


Mr Smith should put his membership to good use and get in touch with the legal advice line. By seeking advice and guidance early rather than later, Mr Smith can understand whether there are any risks attached to what he would like to do.


What did the advice line say


The advice line discussed the issues with Mr Smith and established that the employee had over two years’ service. The employee’s length of service meant that the employee had obtained


the right to claim unfair dismissal if he was sacked for an unfair reason. Although the injury took place because the employee was following his footballing hobby, sacking the employee for this reason is likely to be deemed as an unfair reason. If Mr Smith sacks the employee he may run the risk of a tribunal complaint.


The solution


The advice line recommended against dismissal. They advised that whilst the permanent employee is absent Mr Smith would have to pay sick pay to the permanent employee. In order to keep the client happy and finish the


work on time Mr Smith could consider employing a temporary person while his permanent employee is away. They would be employed for less than eight weeks so a letter of engagement detailing that the work being offered was for a short period would be fine instead of a detailed contract of employment. Alternatively, Mr Smith could sub-contract the


work if he felt confident that the contractor would not try and undercut his contract with the client.


Legal Helpline 0345 313 4141 Claims 0345 350 1099


Abbey Legal are proud to be appointed by the Painting & Decorating Association to provide legal expenses protection for their Members. Further Legal Protection bulletins relevant to your industry will appear in future editions of The Decorator.


Occupational health in construction matters


THE CONSTRUCTION INDUSTRY has been working hard to improve safety in recent years, but it’s vital that health is given the same focus. The industry has been talking about health and safety since the Health and Safety at Work Act 1974, but its track record on health remains poor. Ill-health can be one of the reasons older workers leave the industry, but we can’t afford to lose this valuable experience. B&CE acquired Constructing Better Health (CBH) in April 2016, but CBH’s


complex system has fallen short of the industry’s needs. B&CE’s vision is to create a simple new approach to occupational health (OH) for construction, developing a model that is good value for money, reduces administrative burden and helps manage the risks inherent in the industry. Chief Executive Patrick Heath-Lay explains, “Our vision has at its heart a


digital, portable record that workers can take from site to site and contractor to contractor, enabling them to own and manage their health records for the first time.” Heath-Lay presented this vision to the Health in Construction Leadership


Group’s CEO Summit in January, receiving overwhelming endorsement for it. B&CE has brought a new head of Occupational Health and Wellbeing


on board, Margaret Grahamslaw, to play a leading role in the development of the new scheme (see box). “I joined B&CE with the remit to help develop a clearer, simpler


occupational health solution,” Margaret says, “B&CE is a not-for-profit organisation rooted in the construction industry, and exists to provide simple financial products and benefits for working people. We now want to apply that experience to occupational health.” What’s been done so far? The first step has been the creation of a framework


that will underpin the new scheme. The framework is a simple three-year plan that clarifies the complex health and safety legislation that employers


14 decorator


need to comply with. By implementing it, employers will have a consistent and easily-repeatable process for assessing health, giving them confidence that workers’ health is being appropriately monitored as they move from job to job. An Occupational Health Steering Group, made up of contractors, clients,


federations and regulatory representatives, worked with B&CE to develop the framework. An online consultation to gather views from across the industry has just completed, with widespread support for the approach. “Now the hard work really begins,” adds Margaret, “We’re developing the


detailed clinical standards for the new model with the help of the Steering Group, as well as working with a technology provider to start building the platform. There’s a lot to do!” Find out more about B&CE’s occupational health model and sign up to their newsletter at www.bandce.co.uk/occupational-health


Introducing Margaret Grahamslaw... Margaret has been an occupational health (OH) professional for 19 years. A Registered Nurse and a Chartered Member of the Institution of Occupational Safety and Health (IOSH), she has an MSc in Occupational Health, Safety and Environment from the University of Birmingham and a BSc (Hons) in Management and Technology from the Open University. Originally from Sunderland, Margaret now lives


in the Midlands, and has three adult children. Passionate about health and fitness, she swims outdoors (all year round) and has run the London Marathon seven times.


association news


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