Issue 13, Vol 1

FEDERATION NEWS

FSDF Autumn Conference

Now taking bookings   to find out more details please click

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Climate Change Agreement Update

Applications for the Current Climate Change Agreement has now been closed.  further information

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FSDF Board of Directors

to meet the board click here

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COMMITTEE FOCUS

Technical and Safety

FSDF Technical and Safety Committee

click here to see who are the members of the Technical and Safety Committee

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F-Gas enforcement policy made clear

Calls from industry for clarification on how enforcement of the F-Gas Regulations will work in practice, now that the mandatory deadline for company certification has passed, have been answered by the Defra-appointed body F-Gas Support.. click to read more .....

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Why training matters

Complying with the raft of recent regulation will see a new emphasis on standards - and training is where it starts says ACRIB.click to further

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'Not an option' to do nothing over phase out of R22

F-Gas Support has issued its most strongly worded advice yet to companies operating R22 and other HCFC systems. It said that "doing nothing is not a sustainable option" in the wake of the phase-out at the end of the year.click to further

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Recycled-Reclaimed-Recovered definitions

click for more information

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Business Affairs

Meet the Business Affairs Committee next issue

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Flu Pandemic Update

Your Chief Executive attended a meeting on 18th August with Defra to review the status of the Flu Pandemic. to read more

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Logistics Management

The sound of back-pedalling

The car industry is executing a major U Turn on air conditioning by shying away from a natural alternative. for more information

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BUSINESS NEWS

Departments merge to build for future upturn

The Government has formed a new Department for Business, Innovation and Skills whose key role will be to build Britain's capabilities to compete in the global economy.   for more information

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Waitrose vows to change thinking on leak reduction

Waitrose has raised the bar on stopping leaks with a public commitment to halve leakage at its sites and a radical programme of proactive measures.to read more click here

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Online grocery market set to soar

The value of the internet grocery market is forecasted to more than double by 2013, compared with the size of the market in 2008. click here

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CBI NEWS

CBI

click here for economic update

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LEGAL UPDATES

Hill Dickinson Update

Misconduct dismissals - no requirement for employer to investigate further once misconduct admitted read more....

Clyde & Co LLP Update

Contractor Change read more....

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FSDF Autumn Conference- Now taking bookings

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Climate Change Agreement

 

Applications for the Current Climate Change Agreement has now been closed.

All current applications should be processed by the end of September 2009.

The new scheme due to commence in 2013 is currently under consultation and the FSDF has been liasing with DECC on behalf of its members.

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Meet the FSDF Board of Directors

 

 

James Woodward  FSDF Chairman/ Managing Director Cold Move Ltd  -  www.cold-move.co.uk/	Garry Tilburn Managing Director Reed Boardall Cold Storage Ltd -www.reedboardall.co.uk/home.php
Malcolm Johnstone Managing Director ACS&T Ltd - www.acstlogistics.co.uk/	Andrew Jardine Managing Director Atlantic Industries - www.atlantic-industries.co.uk
Richard Showell Managing Director Dugard Logistics Ltd -www.dugardlogistics.com/	Christine Modla Global Marketing Manager- Dehumidification Division  Munters - www.munters.com/
Dan Myers Business Director Norbert Dentressangle Logistics UK - www.norbert-dentressangle.co.uk/	Ian Desmonde Managing Director IBL Cold Stores - www.intbl.co.uk/
Paul Singh Managing Director TDG Temperature Controlled Services - www.tdg.eu.com/home.asp	Nick Hay Managing Director Samworth Brothers Distritbution - www.samworthbrothers.co.uk

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FSDF Technical and Safety Committee

 

Ian Hancock FSDF T & S Chairman/ Health & Safety Manager Seguro Storage - www.seguro-storage.com/	David Norrington Norbert Dentressangle Logisitics UK -          www.norbert-dentressangle.co.uk/	Ian Fox Health & Safety Enviromental Advisor  TDG Contract Logistics-www.tdg.eu.com/home.asp
Paul Capindale Aread Facilities Manager - ACS&T Ltd- www.acstlogistics.co.uk/	Simon Williams Quality & Safety Manager - Cold Move  Ltd- www.cold-move.co.uk/	Maurice Young Maurice Young Consultancy -www.mauriceyoungconsulting.co.uk

 

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F-Gas enforcement policy made clear

Calls from industry for clarification on how enforcement of the F-Gas Regulations will work in practice, now that the mandatory deadline for company certification has passed, have been answered by the Defra-appointed body F-Gas Support.

In a detailed response to RAC, F-Gas Support advised companies that failure to comply with the rules of registration will result in the removal of their Company Certificate, a fundamental requirement for any works carried out on rac equipment. Five per cent of companies holding a company certificate must be subject to a desktop audit during each year, it said. "In the event that the desktop audit does not sufficiently verify the accuracy of the information provided by a company, certification bodies may undertake an on-site audit."

F-Gas Support technical manager Jo Gradwell continued: "A visit is intended to assist a company in focusing attention on F-Gas and ODS issues, and will provide an independent view of a company's level of compliance." The number of visits each firm can expect will depend on the number of sites it has and levels of compliance it demonstrates.

The body explained that the criteria for a first site visit are based on the audit system, which has been designed to ensure accurate information is provided by a company holding a certificate. Visits will be planned and affected firms will be contacted beforehand. Enforcement will take various forms including information, enforcement and prohibition notices, although no organisation is expected to keep a register of offending companies.

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Why training matters

Complying with the raft of recent regulation will see a new emphasis on standards - and training is where it starts says ACRIB

With so many changes now impacting every aspect of the uk refrigeration industry the pressure is on employers, contractors and individuals to ensure that they are in compliance with the latest legislative and safety requirements. While the F-Gas Regulations have dominated the headlines, companies and individuals will also need to meet the likes of the BS EN 378:2008 safety standard, the Pressure Equipment Directive and the 2009 Hazardous Waste Regulations. Then there is Part F and Part L of the Building Regulations, which implement standards for installation or inspection of air conditioning systems.

"People are the most important asset for any refrigeration service provider," says Air Conditioning and Refrigeration Industry Board chairman David Bostock. "Investment in people, by means of training, is critical to any business that wants to not only maintain its level of customer service, but also improve on it, so that we can continuously raise the quality and professionalism within our industry".

It is only through regular updating of skills and continued support for training of staff that the industry can survive and prosper. Thanks to climate change laws and other pressures, what might have been considered acceptable practice five or 10 years ago may be illegal tomorrow. Commonly accepted good practice is all about adapting. The challenge is to keep up to date with these changes and try to interpret them in a useful way.

ACRIB's Education & Training Committee was set up to provide a central discussion forum for employers and training providers. It also works closely with SummitSkills, City & Guilds, and CITB to help make sure that the industry's voice is heard on new developments before training standards and qualifications become set in stone.

As end users increase the call for higher standards of competency, independent certification such as the ACRIB voluntary register of individuals will become ever more important - simply having engineers with "experience" is no longer enough to win all contracts.

ACRIB is also working to make sure that any changes to these standards reflect best practice and new technology. Members are working with SummitSkills on a review of national occupational standards and the qualifications that these are based on. Changes to the structure of the apprenticeship training (currently NVQs) will be introduced within the next 18 months or so, with the new rac qualifications reflecting more accurately the range of engineers' work. They will also allow more flexibility between related trades and common skills. These new qualifications will also incorporate recent legislation such as F-Gas and the use of alternative refrigerants. Led by end users and the British Refrigeration Association, ACRIB is currently developing a carbon dioxide handling national standard, which will lead to a standalone City & Guilds certificate.

The benefits of new qualifications

In these trying financial times, such requirements for higher skills and certification can seem like a burden, but there are clear benefits for the industry through higher levels of engineering professionalism, coupled with the possibility of recruiting more highly skilled individuals.

Individual businesses will have more skilled workforces and more business opportunities to carry out leak tests, efficiency inspections, handle waste and provide new services to clients. Better customer relations should follow as improved operation of systems leads to reduced callbacks.

Individual engineers stand to benefit, not only through increased recognition for their knowledge and skills, but also through increased job transferability, including to Europe.

And equipment performance will benefit from improved standards, as energy efficiency and leak containment is improved. The new IORBRA Code of Practice for Commercial Refrigeration Systems has a section called "The Assessment of Skills Related Competence and Training". This covers everything from qualifications accepted by the industry and core attributes required of engineers to how to obtain grants for apprentices. For anyone finding the world of training and skills complicated, this overview will be helpful. Mel Bridges, chairman of the ACRIB Education and Training Committee, sums up the challenge: "Our industry is dependent on the people being trained now to improve the quality of the installations that we will be servicing and maintaining in the future." ' For more information see www.acrib.org.uk

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'Not an option' to do nothing over phase out of R22

F-Gas Support has issued its most strongly worded advice yet to companies operating R22 and other HCFC systems. It said that "doing nothing is not a sustainable option" in the wake of the phase-out at the end of the year. Government stated the imminent ban represents a very real business threat to any company which uses R22 or R408a in their processing or air conditioning operations. "Typical applications include refrigeration in supermarkets, blast coolers, cold stores, process coolers and many times of building air conditioning.

Many of these applications are absolutely critical to the continued operation of their owners' business." The guidance exhorts firms to draft a strategic approach, following an assessment of the business risk of all equipment using HCFCs and then to decide between three basic options: replace equipment; convert it, using a retrofill or alternative refrigerant; or leave as is.

But the guidance stresses that the third option is only viable if there is a guaranteed stock of HCFCs or the system is not business-critical. End users with flooded systems cannot use retrofills or drop-ins, it warns.

 

The guidance also contains updated EU legislation which sees new rules for record keeping, leak testing and refrigerant tracking for HCFCs. This brings the rules broadly into line with the F-Gas Regulations. So anyone with R22 or R408a in their systems will now need to check for leaks every 12 months if the charge is 3kg or above or every six months if it is 30kg or above. Any leaks have to be repaired within 14 days and the system needs to be checked again a month after a leak is repaired.

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Recycled-Reclaimed-Recovered definitions

The EC Ozone Regulation

Legislative Update and Strategies for HCFC Phase-out

1. Background to HCFC Phase Out

The EC Ozone Regulation (EC/2037/2000) provides the legislative framework for EU Member States to meet their obligations under the Montreal Protocol, which was the international agreement drawn up to halt the damage to the ozone layer.

The most harmful ozone-depleting substances (e.g. CFCs like R12) were banned in the 1990s. New equipment using less harmful “transitional” HCFC refrigerants like R22 was banned in 2001 (or 2004 for small air-conditioning systems). Up until the end of 2009 it is still legal to use virgin HCFCs to service and maintain existing refrigeration and air-conditioning (RAC) equipment. However, under the Ozone Regulation such use will soon be banned in EC Member States. See Information Sheet RAC 3 for details of the current legal obligations. The two key phase-out dates are:

􀁩 From 1st January 2010 it will be illegal to use virgin HCFCs to service RAC equipment. Note, this ban applies even if HCFC was purchased before the ban date. It is illegal to stockpile and use any supplies of virgin HCFCs after the end of 2009.

􀁩 From 1st January 2015 it will be illegal to use recycled or reclaimed HCFCs to service RAC equipment. It should be noted that supplies of recycled or reclaimed HCFCs may be very limited and very expensive. See Section 5 below for more details.

The imminent ban on the use of virgin HCFC gases represents a very real business threat to any company which uses refrigerants like R22 or R408A in their processes or air conditioning systems. R22 remains one of the most commonly used refrigerants in the UK so many organisations will be affected by the ban. Sectors at greatest risk include the food and drink industry, petro-chemicals, pharmaceuticals, health, retail, hospitality, finance and data-processing. Typical applications can vary widely, but examples include refrigeration systems in supermarkets, blast chillers, cold stores and process coolers and many types of building air-conditioning. Many of these applications are absolutely critical to the continued operation of their owner’s business.

It should be noted that the bans described above refer to the “use” of HCFCs. This specifically means use for servicing and maintenance. It will remain legal to continue using RAC equipment containing HCFCs beyond the phase out dates providing they do not require maintenance that involves putting any HCFCs back into a system.

Given that most refrigeration systems leak to a certain degree, all current users of HCFC systems must develop a plan to manage their operations without virgin gas after December 2009. Doing nothing is not a sustainable option. Given the serious implications and potential costs, businesses should follow a strategic approach. This is introduced in Section 2.

The current EC Ozone Regulation has been under review during 2009. A new Regulation has been agreed by EC Member States and is due to come into force on 1 January 2010. The new Regulation slightly changes the rules for continuing use of HCFCs in RAC systems – see Section 6 for more details.

2. HCFC Phase-Out Strategy

The six point plan below provides a model for a successful phase-out strategy:

Assess the Risk – identify all systems containing HCFCs and estimate their associated business risk.

Prioritise – identify the most business-critical systems and address these first. But do not neglect all the other systems, these must also be managed.

Determine the Phase-out Solution – on a plant-by-plant basis, identify the most appropriate phase out solution. These are likely to fall within one of three main options: Replace, Convert or Leave As-Is. These are described in more detail in Section 3. Each plant must be assessed against a number of decision criteria to identify the optimum solution. These include system type, age, condition, availability and energy efficiency (see Section 4 for details).

Planning and Budgeting – develop a Phase-out Plan, with phased implementation of the Phase-out Solutions. Depending on the size of your operation, it is unlikely to be possible or desirable to carry out all the actions at once. This will need to be done in association with your refrigeration contractor, in order to ensure their own commitment.

Implementation – carry out the plan, with monitoring and regular review.

Managed Use of Recycled and Reclaimed HCFCs – due to the short period of time before the end of 2009, it is likely that many HCFC systems will still be in operation after the use of virgin HCFC gases is banned. Users of these systems should manage their own stocks of recycled HCFC gas or secure a supply of reclaimed HCFC gas (see Section 4). When systems are either replaced or converted, the recovered gas can be used to service other systems still using HCFCs (until the end of 2014). In addition, the continued use of systems containing HCFCs will be subject to regulations similar to those of the EC F gas Regulation (regular leak testing, prompt repair by qualified personnel and record-keeping) – see Section 6.

3. Phase-out Solutions

After identifying all systems using HCFC refrigerants, each one should be assessed against decision criteria and assigned one of three main Phase-out Solutions. These are:

3.1. Replace

Some old systems, including those that are in poor condition, inefficient or not meeting their current (or forecast) cooling load, should be replaced with new systems using a non-ODS refrigerant. These can include HFCs (but these must comply with the EC F gas Regulations) or a “natural” refrigerant like hydrocarbons, ammonia or carbon dioxide. This option can have a number of important benefits, most importantly the opportunity to significantly improve energy efficiency. It may also be possible to reduce the charge of refrigerant, either by using new “critical charge” systems or by employing secondary coolants. Replacement is however likely to be the most expensive option in up-front cost terms (around 10 times more than a conversion).

3.2. Convert

For many types of RAC system, which are in good order, it will be possible to recommend a Convert Solution.

This covers a range of actions, from a relatively simple “retrofill” operation (using one of the “service” or “drop-in” HFC refrigerants that are compatible with the system’s existing mineral oil) to a more comprehensive modification to a standard HFC refrigerant (which will require a new type of oil at least, and may require additional compressor and/or heat exchanger capacity).

 There are a number of “drop-in” gases offered by the main refrigerant suppliers (HFC 417A, HFC 422A, HFC 422D are some of the main ones). They are however all mixtures, with component gases which boil at slightly different temperatures and pressures – a phenomenon known as “glide”. This is common with many of the other HFC refrigerants (which are widely used in direct expansion systems) and the industry has become familiar with this property. There is not, however, a recognised “retrofill” solution for flooded or pump-circulation systems. If you have a flooded HCFC system, then you should approach your refrigeration contactor or an independent consultant as soon as possible.

Whilst a conversion is often a practical option it must be noted that a converted plant may have less cooling capacity and / or be less efficient than the original system. Also, the conversion must be carried out by expert contractors to ensure that refrigerant leakage does not get worse after the conversion.

3.3. Leave As-Is

This is not a “do nothing” option. It is only applicable if:

(a) a guaranteed stock of recycled HCFC is assured; or

(b) the system represents no business-critical risk.

Case (a) may be appropriate if it is not practical to either Replace or Convert the system. This may be true if, say for a large petro-chemical plant, shut-downs only occur every 2 years and the refrigeration system must be kept running in the meantime. This is however a risky option, since leaks are unpredictable both in frequency and scale.

Case (b) may be appropriate for say small split air-conditioning systems in non-critical offices. These systems are typically very reliable and may continue to operate without trouble for many years. They can then be replaced relatively quickly and cheaply with new systems using a non-ODS refrigerant.

4. Decision Criteria

The decision to either Replace, Convert or Leave an HCFC plant should be based on a number of criteria. There is no automatic decision algorithm and a balanced assessment must be made of each criterion for each plant. These criteria will include:

System Type – does the system use “direct expansion” or a “flooded” evaporator? Direct expansion (or DX) systems may be suitable for conversion to an HFC replacement gas, but flooded systems need further consideration. This is an important distinction and requires an assessment by an experienced refrigeration or air conditioning engineer.

Age – refrigeration and air-conditioning plant over 20 years old are likely to be approaching the end of their natural life and should probably be replaced. Systems under 10 years should probably be retrofilled. The bulk of HCFC systems will be between 10 to 20 years old and these should be assessed further. As a further guide, if a system has previously been converted from R12 or R502 to R22, then this should also be replaced and not converted a second time.

Condition – if a system has been well maintained and is in good condition, this would tend to be more suitable for a Convert solution. Records of refrigerant leakage are important indicators to the likely success of a “retrofill” operation.

Meeting Current Requirements – due to the rapid rate of change in many industries, many refrigeration systems are no longer operating within their original design specification. This is likely to impinge on operating performance, reliability and energy efficiency. The HCFC Phase Out presents an opportunity to Replace the system (or alter it) to meet the current and forecast application requirements.

 Energy Efficiency – capital costs of commercial and industrial refrigeration and air-conditioning systems are typically around 20% of the total lifetime costs. The benefits of replacing an old system with a new energy-efficient system should be assessed. New options such as free-cooling can be specified to provide significant on-going savings.

Availability – system-specific characteristics must be considered to identify the correct option. Some systems are so “embedded” within the factory or building that replacement may be almost impossible. Alternatively, it may be possible to build a replacement plant alongside the existing HCFC plant and then switch-over with the minimum or disruption.

5. Availability and Permitted Use of Recycled HCFCs

The availability and price of reclaimed HCFC gases after the end of December 2009 are very uncertain. There are anecdotal stories of some large industrial companies reserving guaranteed stocks of reclaimed R22, and being prepared to pay almost any price.

Any company anticipating using reclaimed HCFCs to maintain systems after the end of 2009 should contact their refrigeration supplier to discuss how to meet the anticipated demand. Indeed, due to the impending deadline on the use of virgin HCFCs, suppliers are likely to run-down their stocks of virgin gases before the actual deadline, so stocks may become limited before the end of December 2009.

The current EC Ozone Regulation has been reviewed during 2009 and the proposed new legislation1 includes an important distinction between “recycled” and “reclaimed” gases.

Recycled HCFCs – recovered HCFC gas that has been subject only to a basic cleaning process (this might include mechanical filtering and moisture removal). Recycled HCFCs may only be used by either the undertaking which carried out the recovery (in most cases the refrigeration contractor) or the undertaking for which the recovery was carried out (the owner). Recycled HCFCs may not be placed on the market – "placing on the market" means the supplying or making available to third persons within the Community for payment or free of charge. For example, the owner could use the recycled HCFC in RAC equipment at other sites they operate from but they cannot sell recycled HCFC to a third party.

Reclaimed HCFCs – recovered HCFC gas that has been chemically reprocessed to a specified standard. Reclaimed HCFCs may be placed on the wider market and used by undertakings other than the original contractor and owner. Reclaimed HCFCs must be held in containers labelled as such, with information on the batch number and name and address of the reclamation facility.

It is worth noting that use of recycled HCFCs is more risky than use of reclaimed HCFCs. This is because reclaimed material has been reprocessed to a specified quality that is suitable for use in a refrigeration system whereas recycled material is of an unknown quality – it might contain contaminants that could impair the performance of a refrigeration plant. As a general rule it is worth spending a bit more to get recovered refrigerant properly reprocessed into reclaimed fluid.

Where recycled or reclaimed HCFCs are used, the RAC equipment should be labelled to show:

􀁩 The quantity and type of recycled/reclaimed HCFC added in the system, and

􀁩 The label elements set out in Annex I to Regulation EC/1272/2008 for substances or mixtures classified as Hazardous to the Ozone Layer.

Those recovering HCFCs for recycling or reclamation should also consider the following points if intending to store the materials on site:

􀁩 The holder should ensure that cylinders used to store recovered/recycled HCFCs remain within their statutory pressure test validation period.

􀁩 Recovered HCFCs pending recycling or reclamation are hazardous waste. Therefore recovered HCFCs should be handled as hazardous waste as required under the Hazardous Waste Regulations2. Facilities storing recovered HCFCs must register with the Environment Agency as an exempt waste operation. This would allow storage of up to 18 tonnes for a maximum period of 6 months. Storage of recycled or reclaimed HCFCs does not require a permit. Any storage of recovered HCFCs, other than immediately prior to recycling or transfer for reclamation, requires an exemption.

 The new legislation also includes the following obligations on undertakings involved in the use of recycled or reclaimed HCFCs:

􀁩 Users of equipment containing over 3 kg of HCFC refrigerant shall keep a record of the quantity and type of any gases removed or added, and of the company or technician carrying out the service or maintenance.

􀁩 Undertakings using recycled or reclaimed HCFCs for service or maintenance must keep records of the undertakings which supplied the reclaimed gases and the sources of recycled gases.

Currently there are only a small number of companies in the UK with reclamation facilities. They can offer a range of solutions to their clients, including the “banking” of reclaimed R22 in their own storage facilities.

6. Other Proposed Amendments to the EC Ozone Regulation

In addition to the points described in Section 5 above, the new ozone legislation includes further obligations on the operators of HCFC systems. These are broadly similar to the requirements of the EC F gas Regulation and include the following points:

1. Undertakings shall take all precautionary measures practicable to prevent and minimise any leakages and emissions of controlled substances.

2. Leak Testing – undertakings operating RAC systems with an HCFC charge of:

􀁩 3 kg or more are checked for leakage at least once every 12 months; this shall not apply to equipment with hermetically sealed systems, which are labelled as such and contain less than 6 kg of HCFC;

􀁩 30 kg or more are checked for leakage at least once every six months;

􀁩 300 kg or more are checked for leakage at least once every three months;

and that any detected leakage is repaired as soon as possible and in any event within 14 days.

The equipment or system shall be checked for leakage within one month after a leak has been repaired to ensure that the repair has been effective.

 3. Undertakings referred to in point 2 above shall maintain records on the quantity and type of HCFC added and recovered during servicing, maintenance and final disposal of the equipment. They shall also maintain records of other relevant information including the identification of the company or technician who performed the servicing or maintenance, as well as the dates and results of the leakage checks carried out. These records shall be made available on request to the competent authority and to the Commission.

4. Member States shall define the minimum qualification requirements for the personnel carrying out activities referred to in point 1.

The Commission are developing guidance to support the recast EC Ozone Regulation.

How to Contact F-Gas Support: Telephone Help Line: 0161 874 3663 Website: www.defra.gov.uk/fgas Email: fgas-support@enviros.com

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Flu Pandemic Update

Your Chief Executive attended a meeting on 18th August with Defra to review current status of the Flu Pandemic.

The current Guidance for Employers follows as well as Questions and Answers to clarify and advise employers, particullary in the Food Industry on how to manage through this pandemic.

Should you require any further information pleas use links or contact Chris Sturman and he will seek further information from the appropriate Government Department.

CURRENT GUIDANCE ALREADY AVAILABLE FOR EMPLOYERS ON PANDEMIC INFLUENZA

Introductory advice to staff on planning for pandemic influenza This document can be used to raise awareness and to keep you informed of the risks and the planning work which is underway. All the information contained in this document is from published sources (listed at end).

http://www.cabinetoffice.gov.uk/media/132829/intro_staffadvice_flu_planning.pdf

Pandemic influenza - risk assessment in the occupational setting

The Health Protection agency and the department of Health have worked closely with the healthcare sector and certain non-healthcare services, such as the police and fire and rescue services, to develop pandemic influenza infection control guidance for specific occupational settings.

However, it is not possible to outline detailed pandemic influenza infection control guidance for every occupation or to cover every conceivable scenario where a person might be exposed to the risk of infection from flu.

With this in mind, this simple and generic guidance has been developed to raise awareness of the measures that may be employed to reduce the spread of the flu virus at work. it aims to:

• allow businesses to evaluate potential situations where there may be possible exposure to the flu virus

• describe the steps that can be taken to moderate any potential exposure to the flu virus in the workplace

• set out the measures that might be used to reduce the spread of the flu virus in the workplace

• provide a matrix that can be used to consider the best ways of reducing the spread of flu in a work environment

• put into context the relative value of personal protective equipment, including the wearing of face masks, when compared with other environmental and organisational approaches.

http://www.cabinetoffiice.qov.uk/media/187638/flu_businesses_risk_guidance.pdf

http://www.cabinetoffice.qov.uk/ukresilience.aspx

Pandemic Influenza Checklist for Businesses

To assist in developing and reviewing plans, the Government has developed the following checklist specifically regarding pandemic influenza. It identifies important and specific activities which organisations can do to prepare for a pandemic as well as where more general guidance will be provided by the Government. Directed mainly at medium and large businesses, some elements will be of use to smaller businesses.

http://www.cabinetoffice.qov.uk/media/132464/060516fiubcpchecklist.pdf

Pandemic influenza workplace guidance - HSE

The following link provides information for work places from the Health and Safety Executive.

http://www.hse.qov.uk/biosafety/diseases/pandflu.htm

Additional Links

Business Advisory Network for Flu (www.banf@cabinet-office.x.qsi.qov.uk) Is the primary website for business groups & individual firms to obtain latest updates on planning issues

Directgov (www.direct.gov.uk/swineflu) is the primary government website for essential cross-government swine flu messages

NHS Choices (www.nhs.uk) is the primary public-facing health information and advice service;

http://www.nhs.uk/news/Documents/Planninq%20assumptions.pdf

the Department of Health website (www.dh.qov.uk ) is the home of content relating to health and care professionals

Business Link (www.businesslink.gov.uk/swineflu) is the home of businessrelated information

http://www.nhs.uk/News/2009/07July/Documents/WeeklypandemicfluupdateJuly30.pdf

http://www.hpa.orq.uk/webc/HPAwebFile/HPAweb_C/1248940851283

http://www.hpa.orq.uk/webcIHPAwebFile/HPAweb_C/1249025509827

Defra consultation papers on food security:

http://www.defra.qov.uk/foodrin/security/food2030.htm

http://www.defra.qov.uk/foodrin/security/index.htm

 

 Pandemic Flu workshop, 19t" August

Questions & Answers

Please Note: the answers that follow reflect the current planning assumptions. These answers should not be treated as definitive and there remains the possibility that they may change.

Q1. Vaccinations... are we in a position to prioritise food sector workers - in particular those working in key areas (i.e. from an animal welfare perspective).

Al. DH policy is to issue vaccines initially on the basis of medical need not on the strategic importance of the job. To begin with vaccines will be given to those at risk from underlying medical conditions, e.g. young children aged under 5, people over 65, pregnant women and frontline health workers etc.

Q2. We have visits/audits from customers, service contractors working on site as well as delivery drivers who will also be driving up and down the country. What practical prevention measures should be taken on our sites?

 A2. The most important is to encourage good respiratory and hand hygiene. In other words, always sneeze in to a tissue, and quickly put it in a bin. Wash your hands and home and work surfaces regularly and thoroughly to kill the virus. Hand gels & anti-bacterial wipes could be given to staff such as drivers who might not be able to wash their hands as frequently as others.

Q3. What is the likelihood of the virus being spread in the packaging of fresh produce where there is a humid microclimate within the package and heat being given off from the product?

A3. H1N1 flu does not pose a food safety risk to consumers. Consumers and food handlers should continue to follow normal food hygiene precautions when handling, preparing and cooking all foods (including cooking raw meat to 70°C). For further advice contact the Food Standards Agency.

Q4. What are plans for medication and should companies have stocks of antivirals and vaccine when they becomes available?

A4. DH Guidance states that antivirals should only be taken if employees are showing signs of the illness. If companies give supplies of antivirals for prophylactic purposes to employees this increases the risk that the virus might adapt to antivirals and it requires the person to take the drugs throughout the entire outbreak, with potential side-effects.

Q5. To what extent might organisations choose to relax their pre-employment regimes in order to fill temporary vacancies arising from the epidemic?

A5. This is an issue for individual companies to consider. Flexibility needs to be given to fill temporary vacancies but it is important for companies to still be vigilant and aware of security issues.

 Q6. A large portion of our workforce are front-line customer facing colleagues and therefore could be more likely to be exposed to members of the public who are unwell than our office-based staff. Is it therefore appropriate to consider a higher rate of absenteeism than the current 10-12% suggested for the first wave?

A7. Not necessarily. It is important to remember that flu is usually spread from one person to another when an infected person has symptoms (i.e. through coughing and sneezing). The more your employees know about how to prevent infection, the more resilient your business will be. Key ways to prevent the spread of swine flu are:

• always carry tissues

• use clean tissues to cover your mouth and nose when you sneeze

• bin the tissues after one use

• wash your hands with soap and hot water or a sanitizer gel often.

Or in short: "Catch it, bin it, kill it." Posters bearing this message may also be suitable to encourage appropriate behaviour in your customers.

In addition, clean hard surfaces (such as door handles) frequently using a normal cleaning product.

If a member of staff attends work and is obviously unwell with flu-like symptoms they should be sent home and asked to call NHS Direct (0845 46 47) or call the Swine Flu information line on 0800 1 513 513. If still concerned, they should call their GP, who can provide a diagnosis over the phone. If it is felt that symptoms are consistent with influenza then a person may be offered antiviral treatment and will be advised to stay at home and limit their contact with other people until they have either:

• completed a course of antiviral medicine, that they may have been prescribed (people who have a mild cases of disease and no other health problems may not necessarily have been given a course of antiviral medicine), or;

• no longer have any symptoms, especially fever, cough, or a runny nose.

People who have had contact with a person with swine flu but are showing no symptoms do not need to be excluded from the workplace.

Q8. Is there any information available on the predicted rate of absenteeism of the second wave?

A8. No, but there are differences between H1 N1 and previous assumptions which were for H5N1. It does appear to be milder than H5N1, with a lower attack rate, slower spread and lower levels of absenteeism.

Q9. How far does the Government anticipate they will increase their involvement in our industry during the pandemic? (for example, would the Government indicate if its plans include specifying store pharmacy opening times / or increasing pharmacy services in a particular locality. Or another example of Government intervention might be relaxation of the current restrictions on retailers as to the quantities of over the counter products like paracetamol allowed to be sold to an individual customer?).

A9. We are seeking clarification from DH on this.

Q10. One hears that at the peak of a pandemic 50% of the workforce maybe unavailable; 25% off due to symptoms and 25% off due to the need to care at home (or issues with travel). Is this not a very pessimistic forecast; for 25% to be off due to symptoms means, roughly, that the whole population has to beaffected over a 4 week period, or 50% over a 2 week period, given the 5-7 day affect of the symptoms.

 A10. At the peak of the First Wave the forecast absentee rate will be 12% of the workforce from pandemic flu and caring for sick children. There will be additional absentees for other reasons (such as annual leave, other illnesses, etc). See also A8 above - it does appear to be milder than H5N1, with a lower attack rate, slower spread and lower levels of absenteeism.

Q11. While we have plans for the continuity of our own business, and are checking the plans of suppliers and customers, what is being planned for the vital utilities... electricity, gas, water, petrol... and other key aspects such as the underground, rail travel...?

A11. Government has been providing information on the H 1 N 1 outbreak to all parts of the Critical National Infrastructure, so companies in these sectors can prepare for the continuation of their business activities. In addition the government has schemes in place to manage shortages of utilities such as fuel, gas and electricity should they occur. Industry was consulted when these schemes were introduced.

Q12. In a context where many businesses Supply Chains extend beyond the borders of the UK, what is the government or industry doing to ensure, or at least check, good practices (certainly in terms of hygiene, prevention, treatment, monitoring) beyond our borders... and where necessary applying pressure.

A12. It is for industry to assure itself that the products it sells are in compliance with the law.

Q13. If things go badly wrong, at what stage does the government determine who gets what (e.g. fuel, food etc).

A13. The government does not envisage a need to interfere in the operation of the food or fuel supply chains. However, the government has schemes in place to manage shortages of utilities such as fuel, gas and electricity should they occur. Industry was consulted when these schemes were introduced.

Q14. What are the government's plans if MHS suffer high absenteeism rates (without inspectors meat sector would grind to a halt).

A14. The MHS has considered its business continuity plans, including the need to prioritise its activities in the case of limited numbers of staff. As part of this plan the MHS has a list of retired and other qualified staff who could potentially be called on to assist. There may also be a greater degree of flexibility in poultry plants where Plant Inspection Assistants are employed but this would require Commission approval in certain circumstances.

Q15. Will limited MHS staff be told to prioritise inspections of intensively produced/slaughtered animals (e.g. poultry)?

A15. If prioritisation is needed, intensively reared poultry and pigs will be prioritised in recognition of the fact that if there are slaughtering delays in these sectors, serious welfare problems can build up very quickly. For more details please contact the MHS.

Q16. Is there a particular issue for categories that have concentrated production/processing (e.g. fresh produce in Lincolnshire) if hit by pandemic flu?

A16. Vegetables grown and processed in a particular concentrated area may be subject to a short period during which there is a high level of sickness absence. In many cases, the produce will simply not be processed and delay may not be critical. The MHS has back up staff (e.g. retired officers) that could be used if it was affected by high levels of sickness in a particular area.

Q17. Would any category of food products be likely to be treated differently should distribution be affected in the case of severe outbreaks of swine flu?

 A17. We do not envisage the government telling certain sectors to increase production but it is worth remembering that ill/affected persons may eat less but also differently eg soups, fruit and energy drinks may see increased sales.

Q18. At what stage would Government invoke emergency powers to ensure distribution of those products?

 A18. The government would only invoke emergency powers in the event of an extreme national crisis. It would only be used in the last resort.

Q19. At what point will the Assessment Team now in place, go to the next stage of being a Management Team, and will that be communicated?

A19. Not quite sure what this reference to the Assessment Team means. The Defra Food Policy Unit has the capacity to be expanded at very short notice but it does not plan to take over managing the situation for the Food Industry. It is for companies to assess the impact on their operations of short-term staff absences and operate their Business Continuity Plans (BCP's) accordingly.

Q20. How much of the preparedness and contingency planning is expected to come from companies and how much does Government intend to intervene?

 A20. Businesses are expected to implement standard Business Continuity Planning (BCP) principles. It is for companies to decide what operations need to be carried out on a daily basis and if practices need to be changed to meet demand.

Q21. How has Exercise Winter Willow (a government exercise on pandemic flu in 2007) informed the government's approach to Swine Flu?

 A21. Lessons learnt by the government from Exercise Winter Willow helped the Department of Health prepare its National Framework for Pandemic Flu and was also used by government departments for their own contingency planning. The food sector (trade associations and industry) also took part in Winter Willow and this allowed them to understand better the scenario and likely impacts of pandemic flu.

Q22. Under what criteria will antiviral drugs be distributed and will certain worker groups be prioritised? When would that strategy change?

 A22. Anyone who needs antivirals for treatment for pandemic flu will get them through the NHS. However, we do not plan to provide supplies of antivirals to elements of the critical national infrastructure such as the food sector for prophylactic purposes as this increases the likelihood of the virus adapting toantivirals and would require that the individual takes antivirals for the duration of the outbreak.

Q23. In the event of a full scale outbreak what communication channels would Government use and how would it handle communication with key stakeholders?

 A23. The Defra Food Policy Unit can answer queries or obtain information from other government departments on your behalf. If you are a member of a trade association it would help if you directed your query to us through that organisation. The FPU has contingency plans for its own staff and will continue to provide a regular situation report to trade associations on H1 N1 and the government's plans.

Q24. Given the supermarkets major role in the provision of food supplies, how is the Government proposing to protect people in that industry against H1N1, to maintain the service to the community? Do they propose to vaccinate or rely on the Tamiflu medication either as a prophylactic or as treatment?

 A24. See A22. There is a wide choice of outlets from which the general public can buy food. These range from markets, to corner shops, restaurants, home delivery services, specialist food outlets such as butchers and greengrocers and a number of competing supermarkets. The food sector will not be treated as a priority group, either for vaccination or for antivirals. Enough vaccine has been ordered to treat the whole population, with the priority groups being selected on the basis of clinical need.

Q25. Who will prioritise supermarket services? Will this be the decision of the Government or will input from the supermarkets be invited?

A25. There are no plans to prioritise supermarket services on their behalf. It is for the retailers themselves to manage their operations applying their own business continuity arrangments.

Q26. Will the Government impose selective closure of some supermarkets and require combination of resources with competitors? Is there provision to pool resources- including home delivery services?

A26. The Government does not plan to direct the actions of the supermarkets, impose closures or share resources.

Q27. If so, how will business intelligence to be protected? What are the Legal implications?

A27. See A26 above.

Q28. Will enforcement of food safety & H&S - continue as normal?

A28. Yes - but the number of inspections will obviously depend on the availability of enforcement officers. There may be minor infringements that the enforcement authorities will be willing to treat sympathetically in emergencies (eg: if the checking of a fire extinguisher is a day or two overdue) but it will not be acceptable to use swine flu as a reason for putting people's health or safety at risk. The Department for Communities and Local Government has written to regional resilience directors who have discussed with local authorities theneed to use discretion when enforcing local regulations, such as loading and unloading restrictions. As this would not be a blanket relaxation you should consult your local authority before undertaking work which would otherwise compromise local regulations. However, any relaxation would need to be balanced with the risk of creating a new hazard, e.g. fewer public health enforcement measures may result in a food poisoning outbreak.

Q29. Will enforcement staff be offered Vaccine? medication?

 A29. No, they will not be given priority over others.

Q30. Will there be a provision for extra security for supermarkets, particularly those in inner-city areas?

A30. Security arrangements will be a matter primarily for supermarkets themselves. However, in the case of public disorder stores should contact the local police for assistance.

Q31. What protection will be offered to Pharmacy staff in relation to their health & security?

A31. It is for employers to provide the appropriate protection needed by their staff. Normal security measures should apply for pharmacies that are not Antiviral Collection Points. The DH guidance to Strategic Health Authorities and Primary Care Trusts when setting up/selecting Antiviral Collection Points says: "Physical security measures should be considered to provide protection of antiviral stock and staff (on a 24 hour basis if possible) working at the ACP. Access control, alarms and CCTV should be considered. The NHS Security Management Service (NHS SMS) has published Lockdown guidance which can be used to support PCT responses. This guidance is available from PCT Local Security Management Specialists (LSMSs). Local police forces may also be able to provide advice on security measures."

Q32. How will stocks of vaccine and antiviral medication be held securely on site?

A32. Similar to the arrangements for the routine childhood programme, vaccine for a mass campaign is expected to be purchased centrally by DH, with the vaccine likely to be stored and distributed from a small number of storage sites around the country. Delivery is likely to be to a limited number of sites per PCT, with onward distribution within the PCT down to local arrangements. See also A31 above. Q33. How will Government assist manufacturers to maintain production? A33. The government does not intend to assist manufacturers to maintain production. Businesses should operate their own continuity plans.

The sound of back-pedalling

The following important and controversial article from RAC magazine has been included as part of the debate on alternative refrigerants for vehicle mounted air conditioning and refrigeration systems.

The battle between the natural refrigerant lobby and the chemical producers over the future refrigerant of choice for vehicle air conditioning appears to be entering a new and decisive phase.

Readers will recall that the preferred refrigerant R134a is being phased out for use in transport air conditioning due to its high global warming potential. In the run-up to phase-out, the refrigerant producers have been busy developing an alternative low globalwarming refrigerant that is sufficiently energy efficient and safe to fill the gap. One of the favoured candidates to emerge is the unforgettably named synthetic compound HF01234yf, which has been gaining traction.

For their part, proponents of natural refrigerants have been beating the drum for their favoured replacement candidate, carbon dioxide. In its favour, CO, is cheap and has a low global warming potential. But, on the downside, it has high working pressures and system components have, to date, been more costly, at least in pre-global mass production quantities.

Heated contest over cooling systems

The contest has at times been heated, with accusations of skulduggery on both sides. However, with carmakers facing imminent decisions on investment, environmental pressures are now coming bumper-to-bumper with commercial realities. Those who back natural refrigerants have been hoping that the direction taken by the German car industry would have a decisive impact on other global car manufacturers. This was bolstered by the groundswell of support for green solutions in general, and natural refrigerants in particular, in Germany.

Indeed, until recently, the indications were in favour of the big German automakers moving to C02 as the new mainstream solution. The research had been done and designs proven, it seemed. All that remained was a final commitment to switch production.

Now, however, the sound of screeching brakes has been heard echoing down Bavaria's industrial valleys. VDA, the organisation that represents German car producers, last month issued a statement highlighting the high cost of research into alternative approaches, and stressed the need for a global technology solution for vehicle air conditioning. "In the opinion of the VDA," it said, "it is very unlikely that investigation of natural and chemical refrigerants can be done in parallel, and it is impossible for the Germans or Europeans to develop a solution of their own, in view of the state of the global market."

In these hard economic times, it seems, the view is that now is not the moment for one country - or indeed even one continent - to go out on a limb with a solution that, no matter how green, does not have universal global acceptance. The option is seen as just too risky and expensive.

This looks like a full U-turn, which would delight the manufacturers of traditional synthetic refrigerants and dismay proponents of natural solutions. What is at stake is not just the future refrigerant platform for vehicle air conditioning. The CO, route, backers hoped, would have provided a compelling case for the advancement of CO, across all refrigeration. It would also have created a mass market for new components that would have fed into improved and cheaper parts for static C02 -based applications.

With a low GWP synthetic refrigerant apparently on the verge of being anointed as the global successor to R134a for vehicle air conditioning, the natural refrigerant lobby will now no doubt target static cooling with a vengeance. It is going to add fuel to the already heated debate in the run-up to the new international climate change agreement. As a footnote, we hear that Ford has been given a $4m grant by the US government to research thermoelectric-based cooling for cars. A breakthrough here would change the rules of the game. Again.

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Departments merge to build for future upturn

The Government has formed a new Department for Business, Innovation and Skills whose key role will be to build Britain's capabilities to compete in the global economy. The Department will be created by merging BERR and DIUS. This will create a single department committed to building Britain's future economic strengths.

It combines BERR's strengths in shaping the enterprise enviroment, analysing the strengths and needs of the various parts of British industry, building strategies for industry and expertise in better regulation with DIUS's expertise in maintaining world-class universities, expanding access to higher education , investing in the UK's science base and shaping skills policy and innovation through bodies such as the Technology Strategy Board.

It also puts the UK's Further Education system and universities closer to the heart of government thinking about building now for the upturn.

 

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Waitrose vows to change thinking on leak reduction

Waitrose has raised the bar on stopping leaks with a public commitment to halve leakage at its sites and a radical programme of proactive measures.

The retailer has promised to "completely change the industry's way of thinking on refrigerant leaks" by halving its contractor supply base to three and increasing the thoroughness of its F-Gas tracking. It has also introduced independent leak checkers to monitor progress at stores. These `mystery sniffers' will make unannounced visits to stores as well as making agreed visits after maintenance.

Waitrose feasibility director Steve Isaia said: "We will be tracking and managing shop activity every week and it will be an active reviewing of what happens if a leak is recorded. If a leak occurs, we will send the leak checkers in and they will carry cameras to record any changes. We are not just routinely fixing leaks but providing a full report on why and how they occurred."

Mr Isaia said that to up the ante on leaks, contractors would have targets written into their contracts. "If they don't meet their leak targets, they will start losing money, so it is focusing their minds too." In addition, Waitrose has set up a monthly steering group with all its contractors to monitor progress. "They are prepared to come on a journey with us. For the directors to attend every month, that says something about their commitment to leak reduction" he added.

The retailer is investing in a number of remedial measures throughout its estate, such as taking out Schrader valves and replacing with transducers. It has also changed the sensitivity of its automatic leak detection equipment.

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Online grocery market set to soar

The value of the internet grocery market is forecasted to more than double by 2013, compared with the size of the market in 2008. The Internet grocery market is an extension of the home-shopping philosophy. It is a sector that has already demonstrated considerable growth and that promises further substantial increases in the future. Internet sales across many product sectors have achieved — and continue to achieve — high annual growth rates in the UK.

Indeed, consumers' passion for and propensity towards purchasing items online shop.

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Credit Crunch Grip Weakening as Conditions Start to Stabilise

Shortage of trade credit insurance remains a worry

Access to finance remains a serious problem for businesses, but the rate of deterioration in credit conditions slowed further over the past three months, and conditions are expected to stabilise in the months ahead, the CBI said today (Tuesday).

Responding to the CBI's latest Access to Finance Survey, businesses were less negative than they were in March about the supply of new and existing credit.

Asked about the availability of new credit lines over the past three months, a net 20% reported that the situation had deteriorated. While this indicates that supply remains tight, conditions have eased since March (-36%) and January (-62%). For existing credit lines, the balance was -10%, compared with -16% in March.

The easing of conditions for new credit supply is expected to continue. Only a net 7% of firms see a further fall in new credit supply over the next three months. Meanwhile, no further worsening is anticipated for existing credit supply. 10% of firms expect the situation to improve, and another 10% expect it to deteriorate, giving a balance of zero per cent, which indicates that conditions for existing credit will be stabilising.

Ian McCafferty, CBI Chief Economic Adviser, said:

"Credit availability is still a concern, but the severity of the situation is easing compared with a few months ago. Big companies who were encountering serious problems getting credit at the start of the year are still finding it difficult, but they expect that the supply of existing credit will get slightly easier over the next few months."

While the tightening of credit supply in bank loans and overdrafts has moderated over the past three months, trade credit insurance remains a significant problem. A balance of 54% of firms reported its availability had worsened in the three months to May, although this was not as severe as in the March survey (-72%).

Mr McCafferty added:

"While the government has made some welcome moves to improve the availability of trade credit insurance, it remains a very live issue for many businesses, and more could be done to ease the pain.

"A backdated implementation date would be beneficial, as would some assurance that the government's scheme will not come to an abrupt end in October."

Other survey findings include:

In the three months to May, fewer businesses than in the March survey said that the cost of finance had gone up. There was also a clear fall in the proportion of firms reporting a rise of over 100 basis points for new and existing credit compared to the March survey.

Although the credit crunch continued to hit business activities in the three months to May, its impact was less severe than in previous surveys. Capital investment remains the business activity that is hardest hit, and employment is another key area being affected, with a third of firms (-35%) saying that they have cut jobs in the past three months in response to the credit crunch.

Small and medium sized firms with up to 249 employees said that the rate of deterioration in credit availability had eased over the past three months, and they expect no further decline in the supply of new credit over the coming three months.

Very large companies with over 5,000 employees reported a significant slowing in the rate of decline of new credit and saw no further decline in the availability of existing credit in the three months to May. They predict a slight improvement in existing credit over the coming three months.

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Misconduct dismissals - no requirement for employer to investigate further once misconduct admitted

In the recent case of Manor Oak (PMG) Ltd v Kelly the EAT confirmed that, for a dismissal to be fair, an employer is not required to take investigations further once misconduct is admitted.

Background

Mr Kelly had worked for Manor Oak Garage (MO) for 36 years as a service technician and MOT tester. In August 2007, he was given a final written warning for an error while repairing a car and advised that the warning would remain ‘live’ for 12 months. In November 2007, he passed a car through an MOT when he should have failed it. During a quality control check, another employee had found damage to the car. Mr Kelly was invited to a disciplinary meeting during which he accepted responsibility for the mistake. He was excluded from the meeting whilst MO took evidence from two witnesses. He was then dismissed for gross negligence. He appealed but was unsuccessful.

Decision at the Employment Tribunal

The Tribunal found that Mr Kelly had been unfairly dismissed. Although satisfied that Mr Kelly was dismissed for misconduct and that MO believed him guilty of that misconduct, the Tribunal held that MO did not have reasonable grounds for its belief. The Tribunal’s reasons were that, at the disciplinary hearing, MO took evidence from witnesses when Mr Kelly was not present, took into account a witness’s evidence that the damage was “deliberate” and that MO proceeded on a “false premise” that the car was unsafe to drive.

Decision at the Employment Appeal Tribunal

The EAT allowed MO’s appeal. It held that the relevant test as set out in BHS v Burchell was whether, in dismissing Mr Kelly, MO entertained a reasonable belief that he had committed the act of misconduct, that its belief was based on reasonable grounds and that it had gained the belief after carrying out a reasonable investigation. The EAT stated that the Tribunal misapplied this test. As Mr Kelly had admitted the act of misconduct, MO was not required to take investigations further. In particular, it did not need to investigate the seriousness of the defect.

In assessing whether the decision to dismiss was within the “band of reasonable responses” (Iceland Frozen Foods v Jones), the Tribunal took the view that the misconduct consisted of a minor error, the car was safe, MO had concluded that Mr Kelly had deliberately damaged the car and that the live final written warning was irrelevant. The EAT held that the Tribunal erred by taking account of irrelevant matters and substituting its own view for that of the reasonable employer.

In relation to procedure, the EAT agreed with the Tribunal that there was unfairness in excluding Mr Kelly from hearing witness evidence at his disciplinary meeting. However, this flaw in procedure did not make the dismissal unfair as he had been supplied with a note of the meeting and he had full knowledge of the case against him at all times. The case has been remitted for a fresh hearing before a differently constituted Tribunal.

Comment

This is a useful decision for employers in relation to the appropriate level of investigation in misconduct dismissals. The case confirms that once an employee makes a clear admission of misconduct, an employer is not required to investigate further in order for the dismissal to be fair. Nevertheless, they should only dismiss where dismissal is “within the band of reasonable responses”. However, for the sanction to fall outside that band, it will have to be so excessive a punishment as to be one which no reasonable employer would have considered imposing. In practice, the Tribunal will not criticize an employer unless the punishment so far outweighs the crime as to render it “obviously excessive”.

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Contractor Change

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply to protect employees' rights where there is a "service provision change" which commonly occurs on an outsourcing or a change of contractor carrying out services for an end user, for example a distribution a contract. If TUPE applies then employees assigned to the contract automatically transfer on their existing terms to the new contractor and special protections apply to them. It equally triggers an obligation to inform them of certain matters and in some circumstances to formally consult with them. In Metropolitan Resources -v- Cambridge, the Employment Appeals Tribunal(EAT) has set out the correct approach for establishing whether or not a change of contractor falls within TUPE.

Where there is a change of contractors and where the new services to be provided were not identical to the old ones and where they ran concurrently during a handover period, the EAT found that the fact that there are minor differences in the nature of the services and how they were performed did not rule out TUPE applying. The relevant question is "whether the activities carried on by the alleged transferee [new contractor] are fundamentally or essentially the same as those carried out by the alleged transferor [old contractor]." The answer will be one of fact and degree to be considered on a case by case basis. The EAT also found that where a transfer of services from old to new contractor happens over a period of time the date of the transfer for TUPE purposes is the date at which the "essential nature of the activity carried on by the alleged transferor ceases to be carried on by him and is instead carried on by the transferee".

It is clear that the courts are keen to take a pragmatic approach to the service provision change rules and are ensuring that contractors fall squarely within TUPE if possible as is consistent with the aim of TUPE in protecting employees' rights. Parties to outsourcing agreements or changes of contractor therefore need to remain vigilant and as ever the pitfalls of TUPE leave bear traps for the unwary."

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