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LEGAL


Communities must tackle modern slavery


Derbyshire Constabulary’s Jim Allen (pictured) is imploring the county’s business community to take their responsibilities seriously regarding modern slavery. The Chief Superintendent wants employers to play an


active role in helping identify offenders, and is asking them not to allow their firms to be implicated in exploitation. He said: “If your business is employing people from


Eastern Europe for low wage labour, are you sure they have not been trafficked? Are you sure they have not undergone some coercion or control? If your workforce is predominantly recruited from overseas, the risk of this is even higher.” A man who trafficked people to Derby to exploit them was recently


jailed for almost four years following an investigation by Derbyshire police. The man admitted trafficking five victims to the UK from the Czech Republic, pleading guilty to arranging or facilitating the travel of another person with a view to exploitation. He was sentenced at Derby


Crown Court to 45 months in prison. He had targeted vulnerable men


in the Czech Republic and brought them to the UK by ferry. He put the men up in poor conditions at a house in Osmaston Road. The men were put to work doing


‘We are not dealing with people who operate in a civil society, this is international organised crime’


jobs such as painting and decorating, or were employed in a garage or restaurant. But he gave them nothing, or next to nothing, in cash. Detectives


calculated that for one decorating job, the men received just 35p an hour. Superintendent Allen expects this conviction and prison sentence to be followed by more from within the local area, and he is calling on


business leaders to be part of the solution in catching offenders rather than risking arrest and prosecution themselves. He added: "Do you talk to these people that work in your business?


Are they getting the wages you are paying them? Who is bringing them to work? How are they getting to work? Who brings them home? Do they live where you think they do? Do they know how much they are getting paid? Do they have access to their bank account? “These are the questions I implore businesses to be asking. I definitely


envisage more arrests in this area and that could include people within businesses if they don’t perform basic due diligence. “We need you to be actively checking whether people are victims and


if you suspect anything, you must tell us. “We are not dealing with people who operate in a civil society, this is


international organised crime. These are people who are very happy to exploit the vulnerable.” The way to report any concerns to Derbyshire police is to call 101, or contact the force online by visiting the Contact Us section of its website.


How to handle short service dismissals


Chamber member Amica HR looks at the potentially complex area of removing staff with short service from employment.


Staff with short service, can I just dismiss them? The short answer? Yes. The long answer? Well that’s a little bit more complicated. Whether a case of misconduct or


a performance issue, an instant resolution can be tempting when an employee isn’t up to standard. After all, an employee must have two years’ service before they can claim unfair dismissal - but that doesn’t mean an instant dismissal is a good idea. You might think you’re protected


by the length of service and, in some ways, you are, but dismissing someone without following the set procedure can open your company up to other forms of challenges. There are numerous types of


dismissal that are automatically unfair, regardless of how long your employee has been with the company, for example if the reason


60 business network March 2018


for their dismissal could be associated with a protected characteristic under the Equality Act (2010). There’s also the chance that the


dismissed employee could claim a breach of contract if you fail to follow procedure, so it’s always a good idea to keep in line with your policies and legislation. If it’s a case of misconduct, go through the disciplinary procedure. Investigate the allegations thoroughly and make an informed decision. If it’s a performance issue, then attempting to performance manage the employee is always recommended before resorting to dismissal. Beyond that, implementing and


utilising a probation period is the best way to avoid the potential problems that arise from dismissal. Probations can be a fantastic asset to your company, allowing you


valuable time to assess the suitability of a new employee, but it’s a tool that is often underused or misused. Give the employee a clear set of


targets and expectations from the get-go, if they fail to meet them then extending the probation can give you further protection. You should still collect evidence of poor performance to discuss with the employee but if you are confident that the dismissal could not be construed as automatically unfair, then you only need to fulfil your obligations regarding the notice period before their employment is ended. If you’re unsure, the best course


of action is always to ask for HR advice. This covers the company’s back legally and can also help you enter into the process in a more confident, knowledgeable manner.


Instant dismissal is not a good idea


‘There are numerous types of dismissal that are automatically unfair, regardless of how long your employee has been with the company’


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