Working Safely At Height- What Do You Need To Know?

What goes up, must come down, as the adage goes. Working at height remains one of the biggest causes of occupational fatalities and major injuries. Cases commonly involve over-reaching, over-balancing or the failure of a fragile surface. It’s not just about what people fall off, but also what they can fall into, be it unguarded holes in floors such as hatchways, inspection holes and pits, and falls into process tanks and machinery. Additionally, falling objects and contact with other hazards, such as overhead electrical services, can be included in work at height.

Generally, work at height can be taken to mean any work where, if there are no precautions in place, a person could fall a distance liable to cause personal injury. It should be remembered that access and egress could also constitute working at height, e.g. via a fixed ladder.

Workers in maintenance and construction are particularly at risk, but many other people in a variety of jobs could also be at risk of falling from height. Any job from retail to painters & decorators, window cleaners

Whatever the task, any work at height needs to be planned in advance, with careful consideration given to the selection and use of work equipment and means of escape in an emergency. The majority of falls from height happen to those who carry out ad hoc work without proper training, planning or equipment.

When planning any activities which may involve working at height, the following hierarchy of control measures should be considered:

  • Avoidance where possible, of working at height by carrying out tasks from the ground. Practical examples include using extendable tools, lowering a lighting rig to ground level or assembly of edge protection on the ground.
  • Working from an existing place of work, such as a protected flat roof or using an existing means of access and egress, such as a fixed ladder.
  • Provision of suitable work equipment to prevent a fall occurring, e.g., edge protection.
  • Provision of work equipment to minimise the distance and consequences of a fall, e.g., fall arrest systems (harnesses and lanyards), and
  • Instruction, training and/or other means.

An existing safe place of work

Where work at height cannot be avoided, an existing safe place of work should be used. Existing safe places of work should:

  • Be stable and of sufficient strength and rigidity for their purpose
  • Rest on stable and suitably strong surfaces
  • Be of sufficient size to allow safe use for persons, plant and material
  • Have suitable means for preventing a fall
  • Have a surface which has no gap through which a person or material could fall and cause injury
  • Be constructed, used and maintained to prevent the risks of slipping, tripping or any person being trapped between them and any adjacent structure. For example, an existing flat roof with permanent edge protection may be used for work at height activities.

Equipment and method

  • Even before work at height begins, there is much to be considered – not least the selection of equipment and the method to be used. When selecting equipment for working at height, employers must provide the most suitable equipment appropriate for the work. They must also take account of working condition factors. Such as the weather and the nature, frequency and duration of the work, as well as the risks to the safety of everyone where the work equipment will be used.
  • It is vital that whatever equipment is selected for working at height, it is assembled and installed in line with manufacturers’ instructions. Equipment should also be inspected regularly for signs of deterioration.
  • Where the safety of work equipment depends on how it is installed or assembled, e.g. scaffolding, it should be inspected in place before it is used. Where it is exposed to conditions that could lead to a dangerous situation. Such as high winds, it should be inspected at suitable intervals and each time exceptional circumstances occur that could jeopardise its safety.

Access Equipment

Where there is no suitable existing safe place to work from, work equipment or other measures to prevent falls should be provided, such as access equipment fitted with guard rails. Independent scaffolds, tower scaffolds and mobile elevating work platforms (MEWPs) for example.

When selecting work equipment to prevent falls, employers should give priority to collective measures over personal protection. Equipment should be strong enough for the work and any loads placed on it, considering:

  • The working conditions and risks to safety at the place where the equipment is to be used.
  • In the case of work equipment for access and egress, the distance that has to be negotiated.
  • The distance and consequences of any potential fall
  • The duration and frequency of use
  • The need for easy and timely evacuation and rescue in an emergency
  • Any additional risks posed by the use, installation or removal of the work equipment, e.g. the erection and dismantling of scaffold on a busy street

Falling Objects

Consideration must be given to the safety of people who work or pass beneath the work at height activity. Measures should be in place to protect them from falling objects. Firstly, steps should be taken to prevent the fall of objects or materials, e.g. toe boards and sheeting on scaffolding. Where this isn’t reasonable, measures should be implemented to ensure that persons are not struck by falling objects. E.g., barrier-off danger areas below and prevent unauthorised access. Chutes may be used to control the transport of materials and waste from a height to a safe location. Materials should not be thrown from height, e.g., into a skip.

Fragile Surfaces

If a fall from height does occur, the consequences will depend on many factors. Such as the distance fallen, the nature of the surface landed on, how the person lands and the age and health of the individual. The severity of the injury is increased for example, when the fall is into the path of a moving vehicle (or machinery) or into a tank which contains a hazardous substance.

When carrying out roof work, fragile surfaces present a significant risk – no person should pass or work on or near to a fragile surface unless it is not reasonable to carry out the work elsewhere. Where it isn’t reasonable, suitable protection, such as platforms, coverings, crawling boards or guardrails, must be provided. Where this is not practicable, measures should be taken to minimise the distance and consequence of any fall, e.g., fall arrest systems, safety nets and air bags. Prominent warning signs should be posted at any location where persons may pass near to or work on a fragile surface.

Fall Arrest Equipment

Where the risk of falls cannot be prevented, work equipment or other measures to minimise the distance and consequences of a fall (should one occur) need to be provided, e.g., fall arrest systems, safety netting or air mats.

This equipment does not stop people falling but minimises the potential injuries if they do.

Use of Ladders and Stepladders

Work at height should preferably be carried out from the safety of a platform with suitable edge protection in place, but sometimes this may not be possible. In such situations, a ladder may have to be used; however, ladders are best used only as a means of gaining access to and from a workplace. They should only be used at a workplace for low risk and light work of short duration or where the site features will not accommodate a working platform (provided that a safe system of work can be devised). Work that requires the use of both hands or is in itself inherently dangerous. E.g. hot work, should not be conducted from a ladder

Every year many people are killed using ladders. Many of the accidents occur because the ladder is not properly secured, usually because the work was of very short duration. Other typical accidents include falls because of over-reaching, overbalancing or losing hold of the ladder when carrying loads on it.

The length of the ladder has a significant bearing on its suitability, it must be long enough to allow an inspection or task to take place without over-reaching, and also to provide a safe means of egress if necessary, at the top landing. The longer the ladder, the more difficult it is to carry around site and manoeuvre into position.

The material of construction may also be significant. As timber is nonconductive it will prove to be a more suitable material than aluminium where electrical equipment is being used. Aluminium ladders may be damaged in corrosive atmospheres, whereas timber ladders are prone to warp if left exposed to the elements.

Ladders and stepladders should be inspected before each use to ensure that they are suitable for the job, and in good condition. Damaged stiles, damaged or missing rungs or missing feet should exclude the ladder from use. Painted ladders should not be used as the paint coating may conceal faults. Systems are necessary to ensure all ladders can be individually identified, are properly stored, and are issued for use to identified personnel.

  • The suitability of the ladder for the operations and operating conditions under which it will be used.
  • That systems are in place to inspect and maintain the ladder in a safe condition.
  • That safe systems of work are devised for the ladder’s use.
  • That staff are informed, instructed, trained and supervised as necessary to be able to use the ladder safely.

The length of the ladder has a significant bearing on its suitability, it must be long enough to allow an inspection or task to take place without over-reaching, and also to provide a safe means of egress if necessary, at the top landing. The longer the ladder, the more difficult it is to carry around site and manoeuvre into position.

The material of construction may also be significant. As timber is nonconductive it will prove to be a more suitable material than aluminium where electrical equipment is being used. Aluminium ladders may be damaged in corrosive atmospheres, whereas timber ladders are prone to warp if left exposed to the elements.

Ladders and stepladders should be inspected before each use to ensure that they are suitable for the job, and in good condition. Damaged stiles, damaged or missing rungs or missing feet should exclude the ladder from use. Painted ladders should not be used as the paint coating may conceal faults. Systems are necessary to ensure all ladders can be individually identified, are properly stored, and are issued for use to identified personnel.

Stepladders

Although stepladders provide a freestanding means of access, they require careful use. Usually, stepladders aren’t designed for any side loading and therefore, can be easily overturned. Stepladders should be industrial grade, be used on a level surface and with the hinge fully extended and locked (or retaining cord fully extended). The workers’ knees should be below the top of the ladder when in the working position.

Fatal accidents have occurred when workers have stepped on to the top step of a stepladder, which has subsequently toppled over. Therefore, the top step of a stepladder should never be used at a workplace unless guidance from the manufacturer states that the equipment has been designed for this purpose.

In addition to the controls set out above, other measures to reduce the risk of a fall should be used. e.g., information and training, use of competent persons, demarcated areas to provide a warning, adequate lighting, good housekeeping measures, use of suitable footwear and checking weather conditions.

 

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Set Increases to NLW and NMW: The largest ever cash increase to the minimum wage

No doubt you will have already heard the announcement to increase the National Living Wage (NLW) to £11.44 per hour, amounting to an uplift of almost 10%. This comes after the Government confirmed their acceptance of the recommendations made by the Low Pay Commission to increase National Minimum Wage (NMW) and National Living Wage (NLW) rates from early April 2024. The agreed increases are substantial, so it’s important to reflect fully on the impact this may have for employers and businesses across the UK.

Along with the rate increase, eligibility for the National Living Wage (NLW) has been extended, applying to all workers aged 21 and over for the first time from April 2024. This change means a larger proportion of the UK workforce will soon be entitled to receive the highest rate of legislated pay.

For clarity, the new rates of pay will be as follows.

Age NMW from 1st April 2024 Cash Increase Percentage Increase
National Living Wage (21 and over) £11.44 £1.02 9.8%
18 – 20 £8.60 £1.11 14.8%
16 -17 £6.40 £1.12 21.2%
Apprentice £6.40 £1,12 21.2%
Accommodation Offset £9.99 (per day) 9.8%

 

With the current cost of living crisis there is no doubt the increase will be a welcome change for many employees, helping to bridge the gap considerably in favour of the voluntary ‘Living Wage’.

However, it’s important employers start planning ahead now and consider the implications for their individual businesses. With circa three million people in the UK expected to be affected, there is a significant likelihood that payroll costs for many employers will be elevated in the near future. In addition, the inclusion of a wider number of people in the highest category of pay will naturally increase those earning above the pension threshold, meaning employers will need to consider carefully how this impacts their current auto-enrolment and pension provisions.

NMW Checklist. How you can stay ahead of the changes and ensure compliance…

  • Analyse the implications and affordability of increased payroll costs well in advance
  • Consider wider costs which may be applicable, including increases in employer pension and national insurance contributions, as a result of this change
  • Check regularly that your payroll information and records are up to date
  • Keep records relating to pay for at least 6 years if they were created after 1st April 2021
  • Set a calendar reminder in advance to check your team members’ ages and ensure they are scheduled to be paid in the correct age bracket
  • Advise team members in writing of the upcoming change to their hourly rate
  • Remember when calculating holiday pay from April 2024 to use the updated figures
  • Contact AAB People for additional support wherever required

We understand navigating these changes may be challenging for your business, so please don’t hesitate to contact James Richardson, Frances Wood, or your designated consultant at AAB People if you require any additional clarification, information, or support.

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Future Focused HR: Embracing topical trends and progressive practices

We know that employers are facing more challenges than ever before when running their business. From the risk of losing staff, the worry of how best to be a supportive employer to the uncertainty of using AI in your business when it is such an unknown but powerful tool.

In this webinar our team covered some of the most topical HR matters facing employers right now, based on our conversations with clients and from what we see in businesses we deal with day to day. We included a varied range of topics detailed further below and provide pragmatic advice to business owners, manager and HR professionals on how to effectively deal with the issues we believe they are facing.

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ScotHoist

Our Client

Scot Hoist Ltd is a Glasgow based firm who specialise in the hire, inspection, maintenance, and servicing of vertical access equipment throughout the UK. A family run business, the firm currently employs 12 staff, all of whom, with the exception of trainees, have been with the business for a minimum of ten years, and who are either qualified to, or working towards, industry standard NVQ competency levels.

AAB People started working with Scot Hoist in February 2022, following a challenging year for the firm. Our Payroll team were already providing services to Scot Hoist at this point, as were our Entrepreneurial Services colleagues at AAB, providing accounting services.

 

Our Challenge

Scot Hoist had been working closely with our Entrepreneurial and Payroll teams for a period of time before engaging with AAB People. Following a period of considerable growth, the firm identified that there was a requirement to update their current HR and Health & Safety documentation, policies and procedures.

To ensure compliance with current legislation and that their HR and H&S policies/procedures/documentation were appropriate for the business in its current form, a complete refresh was required. The client also did not have an internal HR resource therefore there was an immediate need for a qualified HR or H&S specialist to provide advice/guidance tailored to their specific business.

 

Our Solution

From a HR perspective, we initially assisted with some on-going staffing issues, then went on to provide some new HR documentation for the firm, including employee handbook, policies and contracts. More recently, we spent the day with the full team at their premises, delivering DISC Insights training sessions and a session to introduce their employee handbook, HR system People HR and generally the ways in which we will support them as an external HR support.

Our Health & Safety team have had a very hands on approach. H&S Service Lead Lee Craig has worked closely with Robert to review and update the H&S Policy and procedures, managed their Constructionline and Safe Contractor renewals, and carried out an inspection of the premises providing advice and helping to implement changes to meet the required health and safety standards and completing a premises fire risk assessment.  The H&S service continues on an ongoing basis providing competent advice and practical support.

 

Our Impact

Since engaging with Scot Hoist, we’ve provided reassurance that all their HR and H&S policies and procedures are up to date, and fully compliant. Following a challenging year for the firm, alongside our wider teams (Payroll and Entrepreneurial Services at AAB), we have become a valued sounding board and trusted advisor for business owner and Managing Director Robert, and have built up a fantastic working relationship with him and the team. The staff that work most closely with the firm were recently invited out to a ‘thank you’ BBQ lunch at Scot Hoist, which was a great opportunity for the teams to meet face to face and get to know one another better.

Testimonial

‘’We already worked with the Entrepreneurial Service and Payroll teams at AAB, so we were definitely interested when we found out about their new offshoot company, AAB People.

Not only do we now have peace of mind that all out HR and Health & Safety policies are up-to-date and compliant, we also have the comfort of knowing that there is someone reliable and friendly on the end of the phone if we have any questions. Lee, Georgia and the wider team are always happy to come out to see us and it’s been great building on those relationships.’’

Robert Steele, Director of Scothoist Ltd

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SoilTech

Our Client


Founded in 2011, Soiltech is a Norwegian cleantech service provider specialising in the treatment, recycling and responsible handling of contaminated water and solid industrial waste streams. With a clear purpose to provide clean technologies for a greener future, Soiltech designs, builds, owns and operates its treatment technologies, providing services in close cooperation with the customer on their sites.

Soiltech has 100+ employees working with several clients world-wide, with headquarters in Norway and a strong presence in the UK and the Middle East.


Our Challenge


Unusually for most AAB People clients, Soiltech already has an HR manager in place (based at HQ in Norway). But with no presence in the UK, they sought HR expertise in 2022 for UK-specific recruitment and employment.  They turned to the AAB People team to set up a new UK entity and identify, locate and recruit UK-based North Sea offshore field personnel, including operators and supervisors. Ever since the collaboration began and now 9 recruits later, AAB People continues to act on a retained basis as the UK recruitment and pre-onboarding arm for UK-based employees. An ongoing responsibility is to create appropriate salary and benefit packages for Norwegian recruits aiming to work in UK and other overseas territories, but who remain employed by a Norway-based company.

This HR collaboration is a unique set-up in that the onboarding process, the ongoing management of employment issues, the performance management and professional development is led by the Norwegian HQ once AAB People has created the UK-compliant systems needed for UK-based employees. Once new recruits are hired, they go on to report to their Norwegian line manager.


Our Solution

Before recruiting could begin, AAB People created a UK arm for Soiltech, registered in Aberdeen.  A complete HR infrastructure for Soiltech UK was introduced, putting in place employment contracts, an employee handbook compliant with UK legislation, a payroll process (managed by our dedicated AAB Payroll arm) and several other HR tools to benchmark salaries, make salary recommendations and create bespoke, competitive benefits packages.

In the first few months, AAB People sought and recruited seven engineers for Soiltech UK. This involved creating job descriptions, identifying strong candidates, screening, shortlisting (and sometimes helping to interview) them and creating onboarding documentation once they were hired. In 2023 more engineers were and still are being recruited, and AAB People has helped to create a performance management structure that works for UK employees.

AAB payroll in particular are closely involved with the practical management of UK personnel’s day-to-day financial needs, including the support and upload of all travelling expenses and changes and additions to contract relating to benefits.

With deep knowledge, experience and expertise in the entire HR lifecycle, AAB People acts as an always-there sounding board for Soiltech. Whether it’s about attracting and hiring new team members, developing their careers, managing their performance or managing their salary and benefits, it’s key to the relationship to have fresh perspectives and a reliable steer on the best course of action.


Our Impact

Soiltech’s VP of People and Organisation, Bente Skogen, echoes this last point:

“We have only a small HR team in Norway, and AAB are like an extension of our team. We see them as our colleagues and it’s an, friendly co-operation. I find the team very knowledgeable – they’re professional HR people and great discussion partners. I value their time and the way they’re into the details. If I have a question or an issue that needs help, they always respond quickly.”

“Michael has worked in Norway before, so he understands the nuances and country differences around workplace and employment, which means they can communicate appropriately with Norwegians planning to work in the UK. This is important, because remuneration and employment trends are quite different here, and you can’t compare UK and Norway without understanding why. AAB have helped us create competitive solutions that appeal to Norwegians working abroad.“

“It’s very important to us to have their immediate expertise on UK law, compliance issues and regulatory frameworks. We need to know that we have the correct pension schemes and insurance policies, for example. It saves me a lot of time to have that knowledge on hand and it means expertise on laws and regulations are compliant

“The AAB People team is always there and they follow up well. I feel as if we are their only client even though they have several others. We recently gave just one week’s notice of a recruitment trip to UK and they arranged everything quickly and easily. We use their meeting rooms for interviews and are always warmly welcomed not just by HR but by payroll, finance and other departments too.”

“it’s also important to mention that this co-operation helps us live by our Vision, which is about delivering quality, acting with integrity and taking responsibility. We need their UK expertise to live this fully.”

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Mark Girvan

WHO I HELP

SMEs.

HOW I HELP

Understanding our clients’ businesses and how they go about it, then working together to make sure that the structures are in place to protect their most valuable asset: people.

SECTORS/SUPPORT

Across all sectors.

“ASSISTING CLIENTS TO UNDERSTAND THEIR PRIORITIES.”

Mark Girvan is a Senior Health & Safety Consultant based in our Glasgow office. Mark manages a portfolio of AAB People’s Health and Safety clients, assisting them to go beyond compliance and strive for excellence. In his role, he is also involved in assisting in the development of our Health and Safety service.

Mutual respect & trust

“An ideal relationship with a client is based on mutual respect and trust. We need clients to feel comfortable letting us peer into the dark corners so that we can shine a light into the shadows.

I strive to provide honest and transparent advice and support to our clients. I also try not to bamboozle them with regulatory numbers and paragraphs but to take a common sense approach and work with them to find practical solutions. Alongside this, whatever I do I always try to do it with humility and a sense of humour.”

Every day’s a learning day

“I love that in my line of work, there are endless learning opportunities. I enjoy collaborating with my colleagues and feel very fortunate that I have great colleagues from whom I can learn every day. Likewise, our clients are the subject matter experts in what they and their people do, and I love getting to learn from their determination to build and maintain a thriving business and passion for protecting their employees.”

Tackling the challenges

“Some of the biggest challenges in safety happen during a financial downturn, where streamlining budgets and saving on safety might sometimes be seen as quick fixes. What’s not always appreciated is the hidden cost of failing to maintain a safe workplace and invest in training, equipment, and maintenance. Any search engine search for “safety iceberg” will highlight the dangers of sacrificing safety and neglecting worker health and wellbeing. At AAB People, we firmly believe that investment in safety is an investment in business longevity, and that’s why we’re passionate about assisting clients to understand their priorities without breaking the bank or falling foul of the law.”

Why compassion matters

“As safety professionals, we need to continue to evolve and seek new opportunities for growth and development to assist us in assisting our clients. It’s essential that we fully understand new and emergent hazards and risks to keep our clients right. Working for a company that values and commits to continuing professional and personal development and views it not only desirable but essential demonstrates that nothing is indeed more important than our people.

Similarly, when working with clients we want to ensure that businesses understand not only the safety requirements but also the benefits of providing training and instruction to their workforce and value it as an investment in their future.”

Excited for what the future holds

“The thing that excites me most about the future is how we continue to see the Health & Safety service grow and become a leading provider in the market.”

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The Importance of Workplace Investigations

When possible disciplinary or grievance issues occur in the workplace, employers have a responsibility to find out all they reasonably can about the situation to ensure matters are resolved fairly and effectively. To do this, they should conduct a workplace investigation as soon as possible after the issue is raised.

What is a workplace investigation?

A workplace investigation is an objective, independent, and systematic process of uncovering facts about a particular incident that occurred at work. It involves carefully discussing a complaint or grievance for specific misconduct, policy violation, or unethical behaviour to reach a final decision and determine the appropriate course of action.

A thorough investigation will allow employers to decide whether there is a case to answer and whether a formal process should be followed.

During the investigation process, employers should gather as much evidence as reasonably possible from all sides to understand what has occurred and to help determine next steps. It is essential that everyone involved in the process is treated fairly at all times.

Why are workplace investigations important?

If conducted properly, investigations can help to protect the interests of the organisation by identifying wrongdoings and to support the employer with fair, objective and informed decision-making. An investigation may uncover extenuating circumstances which mitigate or justify the allegations that were made, meaning that formal action is not required. Instead, the employer may decide it is more appropriate to deal with the matter informally instead.

If a reasonable and fair investigation is not carried out, any decisions an employer makes in relation to the allegations may be unfair which could risk legal action.

While an investigation should be completed as quickly as possible, it is important that the investigation is thorough and fair. Therefore, some investigations might take longer depending on the case and how many people need to give information.

A comprehensive and fair investigation will protect all parties as employees should feel they have been treated fairly and have had the opportunity to explain things from their point of view. In addition, employers will be confident in the fact that they have made an informed decision.

Who should take part in a workplace investigation?

  • Complainant – the person who submitted the grievance or complaint.
  • Respondent – the person accused of the violation or misdeed.
  • Witness – the person having knowledge of the events either from observation or personal experience.
  • Investigator – the person or body in charge of determining the facts of the case; usually involves a HR professional, legal team, department head, or an independent third-party investigator.

Tips for conducting a successful investigation meeting

  • DO ensure you act in a fair and objective way.
  • DO follow any policies or guidelines your organisation might have.
  • DO allow the witness to refer to any documents to refresh their memory.
  • DO pause the meeting if the witness needs a break, or adjourn it if the witness is very upset.
  • DO record all the pertinent facts, e.g., dates and times, names and context of behaviour. You may find it easier to have a separate note-taker to accompany you.
  • DO keep calm and focused.
  • DO remind the witness to keep the matter confidential.
  • DON’T be afraid to question the witness’s version of events.
  • DON’T encourage the witness to offer their opinion.
  • DON’T offer your own opinion, be judgmental or speculate on the outcome of the investigation.
  • DON’T try to prove guilt, but get balanced evidence from both sides.
  • DON’T draw hasty conclusions.
  • DON’T disclose any confidential information.

Further Support

Whether formal or informal action is required following an investigation, we are here to help. If you would like support for effectively managing workplace investigations and following a fair procedure, please do not hesitate to get in contact with or your usual AAB People contact.

 

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Right to Work Checks – What you need to know

What are right to work checks?

As part of the onboarding process right to work checks are a vital part of ensuring businesses are compliant with the law. So, what are right to work checks? They are checks employers carry out with new staff members to ensure they have legal authority to work in the country where they are to be employed. They should also be carried out throughout employment to ensure their right to work is still valid if they do not have a permanent right to work status.

What documentation is considered as evidence of right to work?

There is a useful document on the government website which details what evidence is required. An employer’s guide to right to work checks: 6 April 2022 (accessible version) – GOV.UK (www.gov.uk). If the employee is from the UK, the right to work would be their valid UK passport and a document that details their national insurance number. This will differ for foreign employees and will usually require evidence of a visa; employers should keep in mind that employees from the EU may be part of the EU settlement scheme and should ask for evidence of this. It is important that all employees are treated the same no matter where they are from to avoid claims of discrimination. Right to work checks should be completed for all employees. Employers should then also carry out ongoing checks on their employees’ right to work, to make sure their visas or passports are in date. If an employee is waiting for confirmation of their visa/ national insurance number, documentation from government bodies evidencing they have applied can be used in the interim.

How should this be stored?

It is important to note that for all right to work checks, employers should sign and date a copy of the right to work documents to say they have seen the original. This should then be clearly labelled and securely stored on the employees’ personal file. Any updated documentation should also follow the same process.

What if an employee is unable to provide appropriate right to work?

It is a criminal offence to employ/ pay individuals who do not have appropriate right to work and so is vital employers keep on top of this. If employees are unable to provide accurate right to work, after a grace period to gain this, they should either have their offer of employment revoked or their employment terminated if they are unable to evidence that it will be obtained in a reasonable amount of time.

Changes that took effect from 1st October 2022

During the pandemic there were changes made to right to work checks to allow employers to check right to work remotely. The changes allowed employers to check right to work by arranging a video call with the employee and checking their scanned documents, if they were unable to check in person. As of 1st October 2022, these changes are no longer valid. Checks will now either need to be in person, or by appointing an Identification Service Provider (“IDSP”). The IDSP will then use Identification Document Verification Technology (“IDVT”) to check the passport of the British & Irish national on behalf of employers. If the employee does not have a passport, then you must see their documentation in person. Please be aware that this could be carried out before the first day of employment, such as at a second stage interview. If the applicant is outside of the UK and Ireland you can use the government checking service, which will require a share code that the employee will have been issued with. View a job applicant’s right to work details – GOV.UK (www.gov.uk).

If you have any queries about the right to work checks process or any questions about your HR & Employment Law processes please do not hesitate to get in contact with or a member of our HR & Employment Law Team.

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James Richardson

WHO I HELP

Public Bodies. Charities. Private Businesses.

HOW I HELP

Human Resources Management. Consultancy. Employment Law Compliance.

SECTORS/SUPPORT

Across all sectors.

“EMBRACING A MORE HOLISTIC & LONG-TERM VIEW OF HR.”

James Richardson is an HR and Employment Law Manager based in our Glasgow office. James’ main responsibility is to support his clients to make fully informed people decisions across their business.

James is an experienced professional in human resources and employment law compliance, and provides exceptional support by getting to know his clients well. James works closely with each client to provide advice, guidance and bespoke HR project support.

James graduated in 2016 with a degree in Human Resources Management and Marketing, and also has a CIPD Level 7 Advanced Award in Employment Law. Currently, he is developing his knowledge further through completing a master’s degree in human resources management at the University of Strathclyde. Having worked both internally and on a consultancy basis, James has a broad and generalist approach to HRM and encourages strategic, long-term thinking.

HONEST & TRANSPARENT

“The best way to discuss and give great HR advice is to ensure the client relationship is an open, honest, and transparent one. I believe clients expect to hear my advice from an HR and employment law perspective, but also to reflect on my balanced and genuine opinion as an experienced professional. This means going beyond what it means to be legally compliant and looking at the practical logistics which will be different depending on the particular circumstances and any additional factors relevant to the business at the time. It’s important to me that clients don’t feel pressured to make a decision they are not comfortable with, and this means being honest and discussing any potential challenges openly as a genuine partner to their business or organisation.”

TECHNOLOGY IS THE WAY FORWARD

“The efficiency of virtual meetings is second to none, and many of our clients have benefitted from this. I have found that many clients have taken advantage of recruiting from a wider geographical area and this means a reliance on virtual technology is key to developing our relationship. Collaborating on a strategic plan, or delivering training is much more enjoyable when carried out face to face and I think this will always have a place in the HR field.”

WORKING TOGETHER

“Speaking with clients about HR matters can be very personal, emotive, and challenging. It’s important to me that our relationship is a positive one, even when dealing with challenges that are troublesome and sometimes overwhelming for clients. This means engaging with clients in a friendly, fun, and enthusiastic way is important to me. I want clients to want to work with me, not feel they have to, and this means getting to know one another and sharing laughs throughout the processes we embark upon together.”

MY STRENGTHS

“I take pride in being able to learn from others but also recognise my strength in playing a large part of the development of my colleagues. We can learn so much from one another and, as HR is one those disciplines where there are often different solutions to the same problem, taking the time to share different perspectives is invaluable.”

POSITIVE FEEDBACK

“I appreciate all the feedback and praise I receive from clients, and the phrase “James is a star” has been mentioned quite regularly. However, I am most pleased overall to hear that clients enjoy working with me and can see the value being contributed to their business, as I am a strong believer that work should be worthwhile and also enjoyable.”

LONG-TERM VIEW OF HR

“Sometimes HR can be perceived as a tick box exercise, and this often stems from a compliance-based approach where the main focus is keeping organisations on the right side of the law. Of course, this should be a core principle, but it is only the beginning of an effective HR function. What comes next is infinitely more enjoyable, and embracing a more holistic and long-term view of HR in any business is often a great way of overcoming some of those typically reactive challenges.”

Proud to support a diverse range of clients

Michelle Sneyd

WHO I HELP

SMEs.

HOW I HELP

Health & Safety Policies & Procedures. Risk Assessments. Audit & Inspections. Contractor Accreditations. Training.

SECTORS/SUPPORT

Across all sectors.

“Professional, practical advice & guidance.”

Michelle Sneyd is a Senior Health & Safety Consultant with many years’ experience working with a diverse range of business sectors. Her specialisms include fire safety, food safety, care sector, construction, manufacturing, ergonomics, hazardous and dangerous substances.

Michelle assists clients with a wide range of Health & Safety related tasks such as carrying out auditing and inspection of client Health & Safety documentation and operations, completing fire risk assessments, providing fire safety advice, supporting clients with developments and reviews of risk assessments and method statements, and providing practical health and safety advice via email, telephone, and face to face – to name a few!

Adaptive & practical approach

”I’m open to trying new ideas and ways of doing things. I’m very confident and not afraid to challenge assumptions and I am assertive in the way I try to argue my case for H&S to win over hearts and minds.”

DRIVEN BY SUCCESS

”Our key focus is to meet the needs of our clients as they are our main priority. The route to success is through strong communication and we aim to build a strong, open dialogue with all of our customers. We ensure that our objectives are aligned with theirs and we work closely with them to achieve positive outcomes. However, occasionally things may not go to plan and we are also on hand to get things moving in the right direction once again.

I take great pleasure in helping businesses succeed and being part of their continued growth and development.”

Dispelling h&s myths

”People still think H&S is very difficult, keeps changing and is very bureaucratic. This is largely not true and it’s up to us to show clients that it’s easier to manage than they often think.

One of the main challenges for me within my job is to overcome the stigma surrounding health & safety. Many companies are unaware of the true importance of following health & safety law within the workplace and do not see it is a priority. It is therefore my role to help business leaders gain an understanding of H&S best practices and how to apply these to their everyday business operations. Every journey with a client is one of education to help dispel myths and to assist them in navigating the complex world of health & safety.”

Looking to the future

“I am excited for the future of the AAB People Health & Safety department. Our team is constantly expanding and breaking into new markets which demonstrates that Health & Safety in the workplace is becoming more of priority for many. I am looking forward to working with new and exciting clients, getting to know their businesses from the ground up and developing the partnerships that we have with our current clients. Our service offering is unique due to it being bespoke to the specific needs of our clients and I am confident that it will continue to be a success throughout Scotland and the rest of the UK.”

Proud to support a diverse range of clients