Monthly Archives: January 2018

Certification for all gas and electrical appliances where applicable

Gas appliance safety: supplier and manufacturer’s obligations

Find out which gas appliances must comply with the Gas Appliances (Safety) Regulations 1995, exemption and penalties for non-compliance

Introduction

Manufacturers and suppliers of gas appliances in the UK must comply with the Gas Appliances (Safety) Regulations 1995, which incorporates the amended EU Gas Appliances Directive 90/396/EEC (GAD) into UK law. Together the regulations establish a single market in safe gas appliances and provide a high level of protection for consumers.

How the regulations may apply to you

The Gas Appliances (Safety) Regulations 1995 will affect you if you are a:

  • manufacturer (or their authorised representatives) of gas appliances
  • importer of gas appliances
  • wholesaler or distributor of gas appliances
  • retailer of gas appliances (including mail order traders and auctioneers who supply new appliances)

By law, all suppliers must ensure they supply only gas appliances and fittings that are safe when used normally.

Which appliances are covered by the regulations?

The regulations cover any gas-burning appliance used for:

  • cooking
  • heating for thermal comfort
  • hot water production (having a normal water temperature not exceeding 105°C)
  • washing
  • refrigeration
  • lighting

The regulations also apply to:

  • second-hand gas appliances (including reconditioned) which have not been previously supplied or put into service by another person in the EU
  • reconditioned gas appliances which have been previously supplied or put into service in the EU and which have been placed on the market as a ‘new’ product
  • forced draft burners and heating bodies to be equipped with such burners

A ‘fitting’ is any device that is marketed separately for trade use and designed to be incorporated into an appliance. Fittings include safety devices, controlling or regulating devices (not including hoses or cylinder regulators), and sub-assemblies.

Which appliances are exempt?

Appliances specifically designed for use in industrial processes carried out on industrial premises are excluded, as are second-hand gas appliances and fittings, which have been previously supplied or put into service by a person in the EU.

Type examination and monitoring the production of gas appliances

All suppliers and manufacturers of gas appliances must ensure that the design and construction of any appliance or fitting they supply is safe when used correctly, to meet the essential requirements of the Gas Appliances (Safety) Regulations 1995.

To demonstrate that criteria have been met, an appointed independent third party – called a notified body – is required in both type-examination of new appliances or fittings and in production monitoring. Notified bodies will have been assessed by member states to ensure their competence in determining whether or not a product complies with the regulations.

Manufacturers can choose different notified bodies to undertake different aspects of product type-examination and production monitoring, depending on their specialist capabilities.

For the production of individual appliances – or small numbers intended for non-series production – type-examination is not required but each appliance is subject to EC Unit Verification. The manufacturer must appoint a notified body to carry out detailed examinations and checks on each appliance: this may be in situ if necessary. If successfully verified, the manufacturer will issue an EC Declaration of Conformity and add CE marking to the appliance.

You can see a list of UK notified bodies on the Department for Business, Innovation & Skills website.

CE marking and fitting certificates for gas appliances

CE marking is a visual declaration by the manufacturer that the gas appliance meets the Gas Appliances (Safety) Regulations 1995 – including the relevant conformity assessment procedures.

The marking consists of the initials ‘CE’, the identification number of the notified body involved in the production control phase, and the last two digits of the year in which the CE marking was affixed.

The presence of CE marking does NOT mean that an enforcement authority cannot challenge an appliance if it suspects an infringement.

Other information that must appear on the appliance- or data plate, securely affixed to the appliance, includes:

  • the manufacturer’s name, trade mark, other identification symbol, or appliance trade name
  • the type of electrical supply to be used in connection with the appliance
  • the appliance category – advice can be sought from the notified body

Fitting certificate

This is the fitting’s equivalent of the CE marking. It is a manufacturer’s declaration that a fitting conforms to the regulations.

It must describe the fitting’s characteristics and the manner in which it is to be incorporated into an appliance, or assembled with other fittings, to comply with the regulation’s essential requirements.

The fitting certificate should include:

  • the issuing company’s name
  • a unique identification of the fitting
  • a declaration that the fitting complies with regulations
  • a statement that when used as a replacement spare part, it must be installed in accordance with the servicing instructions issued by the appliance manufacturer

One certificate may relate to a number of identical fittings. The manufacturer or their authorised representative must supply a copy of the certificate with the fitting.

What will happen if you don’t comply with the regulations?

Local authority trading standards departments enforce the regulations concerning gas appliances or fittings intended for use by consumers. The Health & Safety Executive (HSE) enforces the regulations concerning gas appliances or fittings designed for use or operation by persons at work or designed for use other than at work, in any non-domestic premises made available for persons at a place where they use the equipment.

In non-safety-related cases, if the enforcement authority (ie trading standards or the HSE) reasonably suspects CE marking has been wrongly applied, it may issue a compliance notice to the UK manufacturer or authorised representative requiring them to make the appliance conform. Further enforcement action may only be taken if a notice has been issued yet not acted upon by the notice deadline.

Safeguard procedures

EU member states are required to take all appropriate measures to withdraw CE-marked gas appliances and fittings covered by fitting certificates. This usually occurs when the appliance or fitting is being used for its intended purpose but is liable to endanger people or property. The member state must immediately inform the European Commission (EC) of their actions and give reasons.

Where, after consultation with the parties concerned, the EC finds that the measures are justified, it informs all the other member states.

Penalties

It is a criminal offence to supply gas appliances and fittings that fail to comply with the Gas Appliances (Safety) regulations. The possible penalties are fines or even imprisonment for up to 6 months.

Further information

Download Gas Appliances (Safety) Regulations guidance (PDF, 249K)

Gas Appliances Directive

UK notified bodies list

EU notified bodies list

Published 11 September 2012
Version:1.0 StartHTML:000000252 EndHTML:000035531 StartFragment:000006370 EndFragment:000035486 StartSelection:000006520 EndSelection:000035452 SourceURL:https://www.gov.uk/guidance/electrical-equipment-manufacturers-and-their-responsibilitiesElectrical equipment manufacturers: regulations and responsibilities – GOV.UK

Electrical equipment manufacturers: regulations and responsibilities

If you manufacture electrical equipment, find out about the regulations and safety requirements you need to meet

Introduction

If you manufacture electrical equipment, you must comply with the Electrical Equipment (Safety) Regulations 1994. These implement into UK law the European Council Directive 2006/95/EEC – commonly referred to as the Low Voltage Directive (LVD).

The aim of these regulations is to ensure that electrical equipment designed for use within certain voltage limits is safe to use. This guide covers all the main points of the regulations – including which electrical equipment is affected, definition of electrical equipment, safety requirements and how to comply.

If your business manufactures electrical equipment

The Electrical Equipment (Safety) Regulations 1994 apply to your business if you manufacture electrical equipment designed or adapted for use between 50 and 1,000 volts (in the case of alternating current) or 75 and 1,500 volts (in the case of direct current).

The regulations cover domestic electrical equipment and equipment that is intended for use in the workplace, except electrical equipment described in Schedule 2 of these regulations.

Components

The regulations apply to electrical equipment. In general, components are not covered by the regulations. Only components which are in themselves electrical equipment need to satisfy the requirements of the regulations and, in particular, bear European Conformity (CE) marking.

The term electrical equipment is not defined in the regulations and should therefore be given the ordinary dictionary meaning. Electrical is defined as “operated by means of electricity” or “of pertaining to electricity”.

Equipment is defined as “apparatus” which is in turn defined as “the things collectively necessary for the performance of some activity or function”. An item is only subject to the requirements of the regulations if it is electrical equipment so defined.

Electrical components

Certain components of electrical equipment may in themselves be considered to be electrical equipment. In such cases, steps should be taken to ensure that they satisfy the requirements of the regulations – if they are to be supplied as separate items. This includes supply for retail sales and to other manufacturers for incorporation into other electrical equipment.

Non-electrical components

Components which are not in themselves electrical equipment do not fall within the scope of the regulations. However, the regulations do require electrical equipment to be safe and therefore the components in it should not render it unsafe.

What are your responsibilities as an electrical equipment manufacturer?

The manufacturer is the person – whether established in the European Economic Area (EEA) or not – who is primarily responsible for designing and manufacturing equipment so that it complies with the safety requirements of the Electrical Equipment (Safety) Regulations 1994.

All electrical equipment must be:

  • safe – there should be minimum risk that the electrical equipment will cause death or personal injury to any person or domestic animal, or damage to property
  • constructed in accordance with good engineering practice in relation to safety matters
  • designed and constructed to ensure that it protects against electric shock through protective earthing, double insulation or equivalent
  • designed and constructed to conform with the principal elements of the safety objectives, which are in Schedule 3 of the regulations

Electrical equipment which is constructed to meet the safety provisions of one of the following, in an accepted hierarchy of standards and requirements, will be presumed to comply with the safety requirements of the regulations:

  • harmonised – agreed by the national standards bodies of all the EU member states
  • international – where no harmonised standard exists, a standard published by the International Electrotechnical Commission, which includes the relevant safety objectives of the regulations, details of which have also been published by the European Commission in its official journal
  • national – a published British standard or a published standard of the member state of the manufacturer, where no harmonised or international standard exists

Electrical equipment that doesn’t meet any of the accepted hierarchy of standards, perhaps because it is an innovative product, must still comply with the basic requirement to be safe.

Once you are satisfied that your product meets the requirements of the regulations, you should affix CE marking to the equipment. Or, where that’s not possible – to the packaging, the instruction sheet or the guarantee certificate.

You should also draw up a EC Declaration of Conformity (DoC) and compile technical documentation.

Notified bodies

Where electrical equipment has not been manufactured to comply with one of the recognised standards, suppliers may want to have the equipment assessed for safety by a notified body.

Notified bodies and the Electrical Equipment (Safety) Regulations 1994

Notified bodies are appointed by EU member states to support the implementation of certain directives, including the LVD. The Secretary of State for Business, Innovation & Skills has appointed a number of test laboratories to act as the UK’s notified bodies for the LVD.

These notified bodies have been assessed to ensure their competence in determining whether or not a product complies with the requirements laid down in Schedule 3 of the Electrical Equipment (Safety) Regulations 1994. They are appointed to provide opinions or reports on safety, or both.

Reports on safety

The use of notified bodies to draw up a safety report for the manufacturer is not mandatory. However, where electrical equipment has not been constructed to conform to the specifications of any of the recognised standards, suppliers may feel that in some circumstances it is in their best interests to have a safety report drawn up.

In the event that your product is challenged on grounds of safety by an enforcement authority, this report can be used to establish whether the equipment satisfies safety requirements.

Opinions

The EC may seek an opinion from a notified body where the safety of a product, subject to an enforcement action, is in dispute – and there is a disagreement between member states that cannot be resolved within the time limits specified.

You can find a list of LVD notified bodies with the EC NANDO (New Approach Notified and Designated Organisations) Information System on the Europa website.

The list can be sorted by country or by notified body name by clicking on the column headings. Please note that UK-based companies are not restricted to using UK notified bodies.

Technical documentation and the EC DoC under the LVD

As a manufacturer, you are responsible for ensuring the electrical equipment you make meets the safety requirements, and for declaring this. This includes three main elements – technical documentation, EC DoC and affixing a CE mark.

Technical documentation

It is your responsibility to put together technical documentation for your electrical products before placing them on the market.

These technical documents enable the enforcement authorities to assess whether your equipment meets the requirements of the Electrical Equipment (Safety) Regulations 1994. This documentation must:

  • describe the electrical equipment
  • contain information about its design, manufacture and operation
  • set out the procedures used to ensure the conformity of the electrical equipment with the safety requirements

The documentation must include:

  • a general description of the electrical equipment
  • conceptual design and manufacturing drawings, and schemes of components, sub-assemblies, circuits etc
  • descriptions and explanations necessary for the understanding of the drawings and schemes referred to above and the operation of the electrical equipment
  • a list of the standards applied in full, or in part, and descriptions of the solutions adopted to satisfy the safety requirements of the regulations/directive where standards have not been applied
  • results of design calculations made and examinations carried out etc
  • test reports – either established by the manufacturer or a third party
  • a copy of the EC DoC (see information under next heading below)

As a manufacturer, it is your responsibility to compile the relevant documentation whether you are established in the EEA or not. You must also ensure that the information is kept within the EEA for inspection purposes.

You must also ensure that your manufacturing process is such that the production of the electrical equipment conforms to that described in the documentation. The documentation must be kept for at least ten years after the manufacture of the equipment has ceased.

EC DoC

An EC DoC is a written declaration by you – or your authorised representative – that the equipment to which the CE marking has been affixed complies with the requirements of the regulations. This declaration must:

  • identify the manufacturer or the authorised representative
  • describe the electrical equipment to which it relates
  • where appropriate, specify the harmonised standard(s) or other specifications with which conformity with the safety requirements is declared
  • where appropriate, refer to the specifications with which conformity is declared
  • identify any signatory empowered to enter into commitments within the EC on behalf of the manufacturer or his authorised representative
  • include the last two digits of the year in which the CE marking was affixed

A copy of the EC DoC is not required to accompany each product. But a copy must be retained within the territory of the EEA by the manufacturer, the authorised representative, or failing that, the importer who first places the equipment on the market in the EEA. A copy of the Declaration must also be kept with the technical documentation.

Inspection of the technical documentation and EC DoC

If there are reasonable grounds for suspecting that a product is unsafe, the enforcement authorities may request that the EC DoC and/or technical documentation is made available for inspection. Failure to make the documents available within a reasonable amount of time could amount to an offence under the regulations.

CE marking requirements under the Electrical Equipment (Safety) Regulations

CE marking is a visible declaration by you or your authorised representative that the electrical equipment satisfies all the provisions of the Electrical Equipment (Safety) Regulations 1994. Equipment bearing the mark will be taken as meeting the requirements and thereby entitled to free circulation throughout the EEA, provided that the equipment does in fact satisfy those requirements.

CE marking should be affixed to the electrical equipment or, where not possible, to the packaging, the instruction sheet or the guarantee certificate. You may decide for practical reasons to affix it to both the product and its packaging. The mark must be visible, easily legible and in an indelible form.

By affixing CE marking to electrical equipment, you are making a statement that in your view the equipment meets the requirements of all relevant directives. It does not mean that the electrical equipment cannot be challenged by an enforcement authority if they have reasonable grounds for suspecting an infringement of the regulations.

You should also note that CE marking is not a European safety mark or quality symbol intended for consumers. Its purpose is to indicate to enforcement authorities that the electrical equipment is intended for sale in the EEA and signifies a declaration by the manufacturer or his authorised representatives that the equipment satisfies the requirements and is entitled to access those markets.

Non-CE marked electrical equipment

Suppliers of non-CE marked equipment may be required to submit information, if requested to do so, by an enforcement authority. Such information may include:

  • the date when the electrical equipment was first supplied in the EEA
  • why the electrical equipment does not bear CE marking

Marks other than CE marking

Other marks – eg an approval mark from a certification body – may appear on, or with, the equipment. However they cannot be used to declare compliance with the regulations. Only CE marking can be used for this purpose. Any other marks that are present must not reduce the visibility or legibility of CE marking.

Using electrical equipment on your own premises

Electrical equipment that is intended for use by you in your own premises is controlled by the Electrical Equipment (Safety) Regulations 1994. Such equipment must satisfy the safety requirements of the regulations, but need not have CE marking.

However, should you subsequently decide to supply the equipment – eg by selling it or hiring it out – it will be subject to the relevant provisions of the regulations, including the CE marking requirements.

Safety requirements for second-hand or hired electrical equipment

You should be aware of your responsibilities under the Electrical Equipment (Safety) Regulations 1994 if you supply electrical equipment that is:

  • second-hand
  • modified
  • refurbished
  • hired/leased
  • supplied in furnished premises

Second-hand electrical equipment

The safety of second-hand equipment that is supplied in the course of business – including auctions – is controlled by the regulations. However, it does not need to satisfy the CE marking requirement, and does not need the EC DoC or the technical documentation.

Equipment is classed as second-hand if it has previously been supplied to an end user in the EEA. An end user means the consumer, and includes commercial and industrial consumers.

While there is no mandatory requirement for second-hand equipment to undergo any safety testing, you must only supply equipment that is safe so as to avoid committing an offence under the regulations.

The supply of electrical equipment that is in need of reconditioning or repair to someone who carries on a business of repairing and reconditioning electrical equipment is excluded from the regulations. The sale of articles as scrap is also excluded.

Modified and refurbished electrical equipment

Modified and refurbished equipment are included within the scope of the regulations. Where equipment is refurbished to its original specification, it will be treated as second-hand equipment. However, if the refurbishment uses different types of components, it will be considered as modified electrical equipment.

Modified equipment will need to be assessed by the person carrying out the modifications to determine whether the modification may have introduced hazards or risks which were not covered by the original design. In this case, it is likely that the equipment would be considered as new equipment rather than second-hand equipment.

This will require the person carrying out the modification to carry out all of those exercises required of an original manufacturer. For example, preparation of technical documentation, drawing up an EC DoC and placing the CE marking on the product.

Hired/leased electrical equipment

The safety of electrical equipment that is hired out is also controlled by the regulations. If you supply such equipment, you must ensure that it satisfies the safety requirements. However, there is no requirement for the manufacturer’s brand name or trade mark to be printed on the electrical equipment or packaging.

Hired/leased equipment is to be considered as new equipment when it is supplied for the first time to an end user in the EEA, and as second-hand after this.

Electrical equipment in furnished accommodation

The regulations apply to any person who supplies electrical equipment in the course of business. So this includes the safety of any electrical equipment that is supplied as part of furnished accommodation. In this case it is treated as hired/leased equipment.

Estate agents, letting agents and anyone else who hires or lets furnished accommodation are strongly advised to seek their own independent legal advice.

Enforcement of the electrical equipment safety regulations

The Electrical Equipment (Safety) Regulations 1994 are primarily enforced by the local authority trading standards departments with regard to consumer products. The Health & Safety Executive enforce the regulations in respect of electrical equipment that is:

  • designed for use or operation by persons at work
  • designed for use otherwise than at work, in non-domestic premises made available for persons at a place where they may use the equipment

All electrical equipment to which CE marking has been affixed will be presumed to comply with all the requirements of the regulations. Where there are reasonable grounds for suspecting that electrical equipment may not meet the requirements of the regulations, an enforcement authority should take appropriate enforcement action to remove the equipment from the market.

Compliance notice

Where for reasons other than safety, an enforcement authority has reasonable grounds for suspecting that CE marking has been wrongly affixed, the authority may issue a compliance notice on you or your authorised representative. Reasonable grounds for suspecting CE marking is wrongly affixed would be, for example, if the equipment meets the safety requirements but does not comply fully with the other requirements of the regulations.

Compliance notices are intended to give you an opportunity to take action to correct the non-compliance. Enforcement action can only be taken if such a notice has been issued and not acted upon.

Penalties

It is an offence to supply electrical equipment which does not comply with the requirements of the regulations. Any person committing an offence is liable – under summary conviction – to imprisonment, a fine or both.

Safeguard procedures

Article 9 of the LVD requires EU member states to withdraw from the market, or to prohibit and restrict the supply of, electrical equipment bearing CE marking which does not comply with the safety requirements. They must immediately notify the European Commission and other member states of its action and give reasons.

In the event of an objection to a notification being raised by another member state(s), the Commission will immediately consult with the member states concerned. The Department for Business, Innovation & Skills is responsible for notifying the Commission and other member states of enforcement action taken in the UK, and receives details of enforcement action in other markets.

Role of the European Commission

It is only where a member state raises an objection to a notification made under the safeguard procedures that the Commission will become involved. In such circumstances they will consult with the member states concerned. If agreement between the states cannot be reached within three months of the Commission being informed, it will seek the opinion of a notified body on the safety of the equipment.

The Commission will then communicate the opinion of this body to the member states involved – who will have a period of one month to make their views known. If agreement still cannot be reached, the Commission will make their own recommendations/opinions to the member states involved.

Further information

Download UK Electrical Equipment (Safety) Regulations 1994 guidance notes from the Department for Business, Innovation & Skills website

LVD guidance on the Europa website

Minimum Unit Pricing of Alcohol & Future Of London At Night

Liverpool Council first to debate benefits of Minimum Unit Pricing of Alcohol?

Posted: 30 Jan 2018 07:00 AM PST

A special health summit looking at the effects of Alcohol is due to take place in Liverpool today. Liverpool Council will meet with Public Health officials, the NHS and Alcohol Charities to discuss a plan for Alcohol in the City. One of the main discussion points is minimum unit pricing: Dr Richard Piper, chief executive of Alcohol Research UK, who is at the event told the Liverpool Ech…

Consultation On The Future Of London At Night

Posted: 30 Jan 2018 02:00 AM PST

Further to our previous article we advised you of the London Night Time Commission consultation. We can report that the deadline for submissions to the consultation have been extended until 10 a.m. on Tuesday 20th February. The key questions are as follows: Question 1. What are the strengths of London’s night time economy? In other words, what is good about London at night? Quest…

Asbestos regulations for your commercial property

Asbestos regulations for your commercial property

If you’re the landlord, tenant or managing agent of a commercial property you may be responsible for managing asbestos, unless your contract or lease says otherwise.

What you must do

  1. If you have a lease or contract, check who is responsible for asbestos.
  2. Find out where the asbestos is (you’ll probably need an external accredited surveyor to carry out an asbestos survey).
  3. Have the material analysed and keep a record of what you find.
  4. Carry out a health and safety risk assessment.
  5. Share the information with anyone likely to come into contact with the area, eg builders.
  6. Keep anything containing asbestos in good repair or have it sealed or removed.

The United Kingdom Accreditation Service (UKAS) will help you find an accredited surveyor and testing laboratory.

Penalties

If you don’t have a plan to deal with asbestos and put it in action, you could face:

  • a fine of up to £20,000
  • imprisonment for up to 12 months

For a serious breach you could face an unlimited fine and/or imprisonment of up to 2 years.

Owners of derelict or vacant premises and warehouses also need an asbestos survey.

More detailed information

In England, Scotland and Wales

Find more on managing asbestos on the Health and Safety Executive (HSE) website.

In Northern Ireland

The Health and Safety Executive Northern Ireland (HSENI) website has guidance for employees and employers on managing asbestos.

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Energy Performance Certificates for your business premises

Energy Performance Certificates for your business premises.

The legislation has been changed click on M.E.E.S

(Minimum Energy Efficiency Standards)

2. How to get a certificate,

You can only get an Energy Performance Certificate (EPC) from a commercial energy assessor.

The type of assessor you’ll need will depend on the complexity and features of the building. If you need advice on choosing one, speak to a commercial (non-domestic) energy assessor or contact the approved accreditation scheme they belong to.

What is the Employment Rights Act of 1996?

Employment Rights Act 1996

What is the Employment Rights Act of 1996?

The Employment Rights Act 1996 is a piece of legislation, which in essence, created the framework for modern-day labor law in the United Kingdom. The Employment Rights Act 1996 is as an Act of Parliament passed by the British government to formally codify the existing law on individual employee rights in the United Kingdom. The Employment Rights Act 1996 basically refurbished, amended or agglomerated the previous fundamental labor legislation in the United Kingdom, including: the Contracts of Employment Act 1963, the Redundancy Payments Act 1965, the Employment Protection Act 1975 and the Wages Act of 1985. The Employment Rights Act 1996, through a broad context, primarily concerns itself with the rights awarded to employee, including reasonable notice before fair dismissal, time off for parenting, redundancy and unfair dismissal.

The most critical portion of the Employment Rights Act 1996 is that it covers the majority of British employees; under labor law, an “employee” is any person who signed or adhered to a “contract of employment.” That being said, in many instances, low paid or vulnerable workers (such as agency workers) have been impeded from the protections offered in the employment rights act 1996. This is simply because some judges have taken the stance that there is not enough control in that field to establish a contract of employment. These viewpoints; however, are widely contested throughout Great Britain as the definition regarding employment is under constant protest.

Specifics regarding the Employment Rights Act 1996:

The employment rights act 1996, in its first part, defines the employment contract and states that it must be in writing and provided to the employee within eight weeks of their start date. This document confirms the terms of the employee to employer relationship; it establishes the expectations of the employment and provides a legal and evidential basis for the work—if either party violates the employment contract the subsequent claim (if any is filed) will be ruled based on the terms expressed in the contract.

• Parts II and III of the employment rights act 1996 elucidates on the employees’ wages and payments; in essence, these parts of the employment rights act 1996 were formerly found in the Wages Act 1986.

• Parts IV and V go over disclosures and detriments, including protections awarded to the employee against detriments suffered because of the company disclosing information for public benefit.

• Parts IV, VI and VII of the employment rights act 1996 elucidate on paid time off from work, training and natal care. Additionally, these parts go over dismissal related to health and safety or asserting statutory rights as well as dismissal related to a request for flexible working hours.

• Part VIII of the employment rights act 1996 goes over child care, while part IX of the legislation dissects dismissal notice and reasons for. Part X is a lengthy passage that affirms regulations regarding unfair dismissal, Part XI discusses Redundancy and Part XII touches on the employee’s rights if the company goes insolvent.

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  • Trouble At Work?

    Employee help! Disciplinaries, appeals, unfair dismissal, bullying etc. | www.written-warning.com

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PUB, RESTAURANT & DRINK PRODUCERS, LATEST NEWS:

 

PUB, RESTAURANT & DRINK PRODUCERS, LATEST NEWS:

• The latest consumer confidence tracker from Deloitte shows that UK consumer confidence remained flat in the fourth quarter of 2017, making it the first time there was not a fall in Q4 since the tracker began in 2011. Ian Stewart, chief economist at Deloitte, said: Despite a fierce squeeze in spending power last year, consumers went into 2018 in pretty good spirits. Low interest rates and plummeting unemployment mean that it’s not all been bad news for consumers. With record levels of job vacancies and an economy that continues to grow we would expect wage growth to edge higher this year as inflation eases. The worst of the squeeze on incomes is probably behind us.’

• EI Group Friday bought back 180k of its own shares for cancellation at 144.5p per share.

• Low- and no-alcohol is now a fast-growing lifestyle choice, according to analysis from Kantar Worldpanel, which shows that sales of beer and cider with less than 1.2% alcohol grew by nearly 30% last year. Budweiser launched its alcohol-free beer in the UK in November, Heineken unveiled a no alcohol version of its beer last year, while Tesco introduced a choice of five wines with less than 0.5% alcohol before Christmas.

• The Royal Society for Public Health has said all alcoholic labelling should show ‘mandatory warnings’ to tackle the ‘awareness vacuum’ regarding drinking guidelines and health risks. The RSPH proposed using traffic light colour coding – such as those used on other food items in the UK to indicate levels of fat, salt and sugar – and suggested other information such as the government’s 14 unit guideline, the link between alcohol and cancer and drink driving warnings.

Cushman & Wakefield partner Thomas Rose thinks has told MCA that there is ‘massive’ potential for food halls in the UK.

• Prezzo is understood to be suffering like-for-like sales declines of 6%-7%, with performance at its struggling Chimichanga brand even worse. According to a report just before Christmas by Debtwire, the c300-strong company is on target to breach its year-end debt covenants.

• Market Taverns has bought The Lady Ottoline pub just off Gray’s Inn Road in Clerkenwell, taking the group’s total of London pubs to six. Market Taverns’ Steve Welsh commented: ‘We are delighted to have secured this excellent pub; it is a great fit for our business. We are now on site carrying out repairs and redecoration; and expect to be open again in mid February. We are pleased to have found a couple of the old key members of staff including the Head Chef Tom Haste and we are looking forward to working with them.’

• Champagne has lowered the regions provisional production figures to 308m bottles from a predicted 312m, representing only a 0.5% increase on last year.

• Cask Marque is to introduce new cellar audits that will see if pubs are using the best practices to improve beer quality and yields.

• Elite Coffee, the Paul Harbottle-chained Starbucks franchisee, has announced it intends to open 21 sites by 2021, to be funded by a £1.1m crowdfunding raise.

If you would like a link to other Industry news, please click on the following Link http://www.langtoncapital.co.uk/ gives current day’s news from 8am.

Food Hygiene Prosecution for using unsuitable wooden plates.

Food Hygiene Prosecution

Posted: 26 Jan 2018 07:00 AM PST

Food Hygiene Prosecution for using unsuitable wooden plates.

A Birmingham restaurant learned an expensive lesson in relation to food hygiene when it was fined £50,000 by Birmingham Magistrates’ Court.

Ibrahim’s Grill and Steak House had adopted the use of wooden boards as is currently popular in substitution for plates. However, due to repeated use those boards had fallen into a condition whereby they could not be effectively cleaned and indeed the Inspectors stated in evidence that they were incapable of being cleaned.

The premises was served with a Hygiene Improvement Notice and although some improvement had been undertaken in the two months following service of the notice the boards were still in use.

Mark Crocksford of the Prosecution team stated: “The owners were given sound advice which they chose to ignore. I am pleased Magistrates supported our efforts with a large fine and hope advice we give on improving business to protect health will not be ignored in the future”.

Should you be subject to the Hygiene Improvement Notice it is of fundamental importance that all matters are addressed and/or dialogue is entered into with the enforcement agency.

Should a prosecution arise our expert licensing Solicitors will be able to assist you and hopefully avoid fines of this magnitude.

Seizure, Prohibition, Forfeiture & Destruction… does the FSA have the power?

Popall

Seizure, Prohibition, Forfeiture & Destruction… does the FSA have the power?

A Birmingham based meat supplier finds itself in a very difficult position – what powers does the FSA have, and how might this affect you as a customer?

“It has been widely reported that the FSA are currently investigating a Birmingham based meat supplier, as they believe that there has been serious non-compliance with food hygiene regulations. Not only is this site being investigated, but all of its sites across the country, and other locations where products are stored, are being inspected.

All production has been stopped from leaving sites, and any products in the food supply chain have been withdrawn.

The FSA and local authorities have a wide range of powers, and in an incident like this they will heavily rely upon The Food Safety Act 1990. Part 2 of the Act is where the powers are provided. Any food which is suspected to be injurious to health or non-compliant with safety regulations can be seized. Improvement notices and prohibition notices can be served which require something to be improved or stopped, i.e. improvement to hygiene conditions and additional training to staff, or prohibition as to the use of particular machinery.

These circumstances are thankfully quite rare, but those operating in all aspects of the food industry should have a contingency plan in place. Whether it is having back up suppliers to hand, so choices on menus aren’t affected or having contractual clauses in supplier contracts for remuneration of product costs, its always worth having quick PR communications to hand, as although you might not be the supplier/manufacturer, any large brand will quickly be picked upon by the press (in this circumstance, Wetherspoons, Jamie’s Italian etc have already be named as associated with this) and could suffer brand damage. Where possible audits of suppliers, or detailed due diligence should be carried out, to ensure that your supply chain is in order.”

For further information on this or any other legal related issues contact Associate Hannah Price 0115 953 8500.

PUB, RESTAURANT & DRINK PRODUCERS, LATEST NEWS

 

If you would like a link to other Industry news, please click on the following Link http://www.langtoncapital.co.uk/ gives current day’s news from 8am.

PUB, RESTAURANT & DRINK PRODUCERS:

• Fuller’s has released its trading update for the 42 weeks to 2oth Jan 2018, with sales in managed Pubs and Hotels rising 3% LfL and profit from tenanted inns increasing 2%. Simon Emeny, Chief Executive of the group said: ‘“These are a good set of figures in what remains a challenging trading environment’, he commented the following on the strategy of the business ‘Our long-term vision and prudent financing keep us well-placed to maintain our strategy of investing in our pubs, our portfolio of premium beer and cider brands, our people and our marketing. We will next update the market on 8 June 2018, when we announce the Company’s full year results for the 52 weeks to 31 March 2018’.

• Diageo has reported its interim results for the six months ended 31 Dec 2017, showing that net sales were up 1.7% to £6.5bn and operating profit was up 6.1% to £2.2bn. The group have increased its interim dividend by 5% to 24.9p. Chief Executive of the group, Ivan Menezes commented: ‘These results demonstrate continued positive momentum from the consistent and rigorous execution of our strategy. We have delivered broad based improvement in both organic volume and net sales growth. We have increased investment behind our brands and expanded organic operating margin through our sustained focus on driving efficiency and effectiveness across the business’. On current trading Mr Menezes said: ‘Our financial performance expectations for this year remain unchanged. We are confident in our ability to deliver consistent mid-single digit top line growth and 175bps of organic operating margin improvement in the three years ending 30 June 2019’.

• JDW shares rose >2% yesterday on upbeat Q2. Group has suggested that H2 growth could be negative (in earnings terms) implying momentum going into next financial year (with tough comps) could also be negative.

• US fast-casual chain Slim Chickens is planning to launch in the UK and is understood to be working  with recently strengthened Giraffe operator Boparan Restaurant Group (BRG). MCA writes that the c70-strong group has appointed advisers to seek out sites in central London and the south east.

• Stella Artois and Water.org have launched a co-branded limited edition bottle and can of Stella which, which, when bought, will help finance clean water access to people in the developing world.

• Food hall concept Market Halls has announced its first three locations, in Oxford Street, Victoria, and Fulham, with three more London sites and a further three regional halls to be announced this year. Founders Andy Lewis-Pratt and Simon Anderson told MCA that they are targeting 10-12 food halls overall, with probably locations including Liverpool and York.

• JD Wetherspoon is temporarily out of sirloin, rump, and gammon steak after a labelling mix-up from suppliers. The pub company, which recently posted strong like-for-like sales growth over the festive period, said that normal service will be resumed as soon as possible.

• Spain’s 2017 grape harvest is expected to be 20% lower than last year, according to provisional estimates by the Ministry of Agriculture, due to spring frosts, heatwaves and drought. The current 207/18 vintage stands at 35.6m hectolitres compared with 44m hectolitres in 2016.

• Fever-Tree has overtaken Schweppes as the best selling mixer brand in certain categories in the UK. Fever-Tree now has a 39% market share on the off-trade, compared to Schweppes’ 31%.

• The Co-op has cut prices meaning that some products will now be 40% cheaper, as the chain looks to support post-Christmas shoppers.

• Companies that reward their CEOs with more modest salaries perform better financially, research from Vlerick Business School has explained. The study examined the pay habits of CEOs and CFOs in 861 companies in the UK, Germany, France, Netherlands and Belgium.

• Starbucks has announced it will add a new employee and family sick-time benefit and increase wages due to the updates to the US tax law.  The new benefits have been valued at $250m for more than 150,000 employees.

HOLIDAYS & LEISURE TRAVEL:

• GfK reports summer 2018 bookings were up 7% yoy for the first full week of the year and up 4% to date, with average selling price up £51. Soaring summer demand for Turkey may be coming at the expense of the higher-priced Canaries and Balearics.

• Royal Caribbean Cruises has reported FY numbers saying earnings beat estimates at $7.53 per share. RCL says 2018 adjusted earnings are expected to be in the range of $8.55 to $8.75 per share.

• RCL net income for FY17 was $1.63 billion vs $1.28 billion last year. CEO Richard Fain reports ‘our teams worked hard to achieve the Double-Double goals and now they have done it.’ Mr Fain continues ‘each of the brands performed excellently during the past year raising their guest satisfaction and employee engagement scores to new heights.’ The CEO concludes ‘this augurs well as we focus on our previously announced 20/20 Vision.’

• Re FY18, RCL says ‘the company’s booked position for 2018 is better than last year’s record high and at higher rates. North American and European consumers continue to drive strong demand for all of our main products. These trends, coupled with strong onboard spend and a positive outlook for our Asia Pacific products, are positioning the company for a 9th consecutive year of yield growth.’

• Silver Travel Advisor’s annual survey reports high-spending older travellers now make up a smaller share of the over-50s travel market than before, with those spending more than £3,000 per person per year dropping from 48% to 40%. The proportion spending £5,000 plus dropped from 24% to 13%.

• Due to Donald Trump’s tax reforms, over 125,000 US-based Walt Disney Company employees will receive a one-off $1,000 cash bonus.

• Portuguese football star Cristiano Ronaldo is to team up with Portugal’s top hotel chain, Pestana, in the opening of a new hotel in Marrakesh.

• Travel to the US has fallen by 4% in the first seven months of 2017, with some travel operators naming it the ‘Trump slump’ as they blame President Donald Trump for the recent downturn.

• Shearings Holidays reports a strong January with summer sales up 19% yoy, calls to the operator’s call centre up 51% and increased web traffic.

• The mayor of Venice has promised to investigate why a group of Japanese tourists were handed a £970 bill for a plate of fried fish, four steaks and a bottle of wine. The group paid the bill but contacted police after returning to Bologna, the mayor stepped saying ‘If this disgraceful episode is confirmed, we’ll do all we can to punish those responsible. We are for justice – always!’.

• STR reports strong Europe-wide hotel performance for 2017 compared to 2016, with occupancy +2.4% to 71.9%, ADR +3.1% to €110.51 and RevPAR +5.6% to €79.46. For the UK, a favorable exchange rate attracted an influx of international tourists whilst the industry showed resilience to terror attacks, with occupancy +0.5% to 77.4%, ADR +3.6% to £92.32 and RevPAR +4.1% to £71.49.