on your plate. both of whom are the "user" in
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legal terms. weight be exceeded a fine of up to £5,000 may be imposed for each separate offence. E by David Lowe
plating certificate the maximum fine is Level 3
(11,000), but should maximum permitted For using a vehicle without a current with the driver and the vehicle operator,
EMPLOYMENT No fuel, no work?
The recent fuel crisis has raised issues with both employers and employees about layoffs and short-time working.
ACAS Public Enquiry Points have been flooded with calls from employers wanting to know if they can lay off staff because of a lack of work and employees worried that they might be dismissed if they cannot get to work.
Employers have been advised by ACAS* that if contracts do not specifically give them the right to lay off employees or to put them on to short-time working they should continue to pay them normally.
There is no specific legislation dealing with situations where art employee is willing to work but cannot physically get there, but answers may be provided either by the contract or by custom and practice.
*An ACAS advice leaflet, Lay-offs and Shorttime Working, is available, price ir,frorn ACAS Reader Ltd, PO Box 16, Earl Shilton, Leicester LE9 8ZZ, oronlineatwww.acas.org.uk.
Payroll cleansing The Inland Revenue has announced a free service entitled Payroll Cleansing, which will compare employers' payroll records with the Revenue's own. This will make it possible to update any NI numbers on a payroll that are incorrect or missing, so ensuring records are up to date.
Leaflet CA88, Payroll Cleansing, is available on the Revenue's web site at www.inlandrevenue.gov.ukileaflets/nichttri. Information is also available at www.inland revenue.gov.uk/ nic/ca88.htm. Alternatively, phone the Customer Accounts Service on 01553 666872 or 01553 666898.
COMPANY
Corporate killing
The Health and Safety Commission (H SC) has announced its support for the Home Office consultation, Reforming the Law on Involuntary Manslaughter: the Government's Proposals (launched May 2000). In particular, the HSC has welcomed: • Government acceptance of the Law Commission's proposals for a new offence of corporate killing to be introduced;
• Proposals that company officers found guilty of the offence should be banned from acting in a management role;
• The intention to extend the offence to all companies and organisations in both the public and the private sectors; and • The initiation of a discussion as to whether health and safety enforcing authorities should investigate and prosecute in cases of manslaughter.
Data protection survey
The Home Office has drafted a questionnaire seeking views on the first six months of the new data protection regime*.
Copies are available online at wwwhorne office.gov.uk/new_indexs/index_dataprothtm. Completed surveys should be sent to Paul Henery, LG DP Unit, Room 1173, Home Office, 50 Queen Anne's Gate, London SWII-1 9AT Phone: 020 7273 3723. E-mail: Paul.Henery@
homeoffice.gsi.gov.uk.
"The Data Protection Act 1998 came into force on Mardi 2000.
UK online Although 81% of businesses are now online, the government has launched UK online*, a partnership with industry, trade unions and voluntary and consumer groups aimed at getting the rest of the country online.
It has allocated L25m to the partnership in order to expand UK online for business and provide more business advisers. UK online for business runs advice centres and offers independent advice to S M Es.
*For your nearest UK online business adviser, call the Infoline on o845 715 2000, OF visit the web site at www.ukonlineforbusiness.govatk.
Share option incentives A new incentive scheme based on share options is being launched to help companies hold on to key employees.
The Enterprise Management Incentive Scheme (EMIS) will allow qualifying businesses to grant share options on preferential terms, as long as defined performance targets are met.
The share option prices can be set as low as zero, which will not only give an incentive to the employee but will also allow for substantial personal gains for those who stay with a successful company and help the share price grow. There are also significant tax advantages, as when the options are exercised the income tax payable is based on the original value and not the current share value.
Only businesses with gross assets of up to 11.5rn qualify for the scheme, and it is limited to a maximum of is employees. The eligibility rules are detailed, so companies affected should take professional advice to determine the scheme's effect on their circumstances.
Contact: Ruth Sheam on ot6i 929 5194.
HEALTH & SAFETY Passive smoking at work
Following public consultation, the Health Re Safety Commission has proposed the introduction of an Approved Code of Practice for passive smoking. The Code will:
• Ensure compliance with the health and safety regulations; • Enable all employees to be aware of where they stand regarding workplace smoking; • Offer a guarantee of the welfare of nonsmoking employees; • Give authoritative guidance on employers' obligations under health, safety and welfare law regarding passive smoking.
Some businesses may need to invest in measures in order to meet the requirements of the Code, but all employers should determine the most reasonably practicable way of controlling environmental tobacco smoke.
This can be done in a number of ways, such as by either completely or partially banning smoking in the workplace or by making possible the physical segregation of non-smokers and tobacco smoke.
The Code will be issued under the Health & Safety at Work Act 1974, and is awaiting a final decision from ministers.