Issue 14, Vol 1

FEDERATION NEWS

FSDF Autumn Conference

DON'T FORGET TO BOOK YOUR PLACE AT THE FSDF AUTUMN CONFERENCE 14/15 OCTOBER 2009 AT THE DEVERE OULTON HALL NR LEEDS

 

With hot topics such as Climate Change, the Carbon Reduction Commitment and recent F Gas Regulations, how can you afford to miss this invaluable conference.

 

The programme this year will also include 4 interactive workshops the subjects being:

Climate Change

Green Logistics & Supply Chain Sustainability

Freight Best Practice

Health and Safety

 

As well as a stimulating programme of speakers who are experts in their field and industry specific workshops, the opportunity to network with others from the industry could prove invaluable.

 

With Day Delegate Rates from only £125, Book now

 

FOR THE FULL PROGRAMME CLICK ON THIS LINK

 

http://www.fsdf.org.uk/iimni/UserFiles/Texts/FSDF%20Autumn%20Conf%2009.pdf

 

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FSDF New Members

We welcome the following companies to the FSDF :

Euro Food Group

Alfred Price & Sons Ltd

Mansfields    

Click here to find out more about them

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COMMITTEE FOCUS

Technical and Safety

Higher charges expected following R22 phase-out

Firms holding virgin HCFC cylinders after the 31 December phase-out deadline are set to face increasingly heavy charges as the industry starts to clamp down on the illegal use of the gas.   Click to read more .....

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Ineos Fluor to close R22 operation in Runcorn ahead of deadline

Ineos Fluor is to close its R22 manufacturing operation in Runcorn, Cheshire  some point between November and the end of the year. For more information click here

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Food Safety update : ISO 2000 and PAS 220

The Foundation for Food Safety Certification (FSSC) scheme, based on ISO 22000 Food Safely and PAS 220 Food Safety, has been benchmarked by the Global Food Safety Initiative (GFSI).   For more information click here

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HSE Ladders Exchange 2009 campaign materials

Click here

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The Requirements for First Aid in the workplace have changed

The Health and Safety Executive (HSE) have announced changes to First aid in the workplace. Effective from 1 October 2009, they are the first major amendments since 1981. Click here for more information

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EU Review on OFFC Charging and Hygiene

You will note that charges are at there existing levels.  Click for the link

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Human health risk from certain GM fish - Study

The commercial breeding certain species of GM fish should be approached with caution on fears they could pose a health risk to humans and threaten natural breeds, new research has said.   Click here to read more

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Business Affairs

Summary Management Committee Animal Products

Please see below the summary of the Management Committee for Animal Products – Beef and Veal, and Poultry and Eggs held on 3 September 2009. Click here to read more

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Logistics Management

Skills for Logistics urges employers to make the most of Driver CPC

Results from Skills for Logistics' (SfL) employer consultation on the forthcoming Driver CPC training directive indicate that logistics businesses welcome the opportunity to develop the skills of their drivers, click to read more .....

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The Driver CPC is upon us PLAN AHEAD

On 10 September the drivers of goods carrying vehicles across the European Union will become subject to European Directive 2003/59/EC. To us mere mortals this means the introduction of the Driver Certificate of Professional Competence (Driver CPC),   for more information

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Government introduces fuel duty increase

A 2p fuel duty rise had been implemented across the country 1st September  read more

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One in five haulage firms making a loss

A fifth of haulage and logistic businesses are making a loss, and profitability continues to be in steep decline, according to two surveys on the perilous state of cash flow within the road transport industry.  To read more click here

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BUSINESS NEWS

HACCP one day course

In association with Hygiene Audit Systems, the Royal Society for Public Health (RSPH) is to hold a one day training course on 3rd December in London entitled HACCP in practice - RSPH workshop for Environmental Health Practitioners.   For more information

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Food refrigeration research will continue

The Food Refrigeration and Process Engineering Research Centre (FRPERC) has moved to the Grimsby Institute after its original base at the University of Bristol was shut on July 31.   For more information

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SfL and FBP pull together for DCPC

Freight Best Practice and Skills for Logistics have joined forces. The DfT's Freight Best Practice programme and the sector skills council for the freight logistics industry, Skills for Logistics, have signed a memorandum of understanding that sets out a strategic plan for future joint working, for more information

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Frozen thermometers

Comark has introduced two new thermometers in response to European standards EN 12380, EN 13485 and EN 13486. This requires that from January 2010, only temperature monitoring instruments that comply can be used in the transport, warehousing and storage of quick frozen foodstuffs. For more information

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PSION TEKLOGIX

The Workabout Pro was one of the first rugged devices designed with a modular platform to extend its appeal and its life.   For more information

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Wincanton invests in new fleet - Heinz and adidas feel the benefits

Wincanton has invested over £1m in a brand new fleet of tractor units for its contracts with both HJ Heinz and adidas,  for more information

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Asda to sell world's most expensive beef

Asda hopes to roll out the world's most expensive luxurious beef product in late 2010 / early 2011.   To read more ....

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Asda appoints new supply chain director

UK-based supermarket chain Asda has announced the appointment of Gavin Chappell as its new supply chain director. He will commence his new position on 1st October 2009.   To read full article click here

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Sainsbury's open biggest branch in Ireland

Sainsbury's has made corporate history in Northern Ireland by opening the country's biggest supermarket in Belfast, and one the firm's biggest in the last ten years, click here to read more ....

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Reed Boardall updates fleet with MAN and Scania

Reed Boardall Group, the frozen food storage and distribution business, has taken delivery of 56 new MAN and Scania tractor units.  Click here to full article

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Barloworld boosts efficiency with Six Sigma

Barloworld Handling has introduced Six Sigma continuous improvement tools and techniques to improve the efficiency of its processes, reduce costs and boost customer satisfaction. click here to full article

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Tesco awards mechanised logistics system contract

Leading logistics systems supplier Dematic has won the contract to supply the mechanised logistics system for Tesco’s new 910,000 sq ft distribution centre (DC) in Teesport, Middlesborough.  Click here to full article

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CBI NEWS

CBI

Click here for CBI/Marsh swine flu seminar - presentations

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LEGAL UPDATES

Hill Dickinson Update

New case concerning TUPE transfers and substantial changes which are materially detrimental to employees  read more....

Clyde & Co LLP Update

Contractor Change   read more....

Business Link Update

Legal update: Statutory redundancy rate rise on 1 October 2009   to read full details

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FSDF Autumn Conference- Now taking bookings

 With Day Delegate Rates from only £125, Book now.

FOR THE FULL PROGRAMME CLICK ON THIS LINK
 

http://www.fsdf.org.uk/iimni/UserFiles/Texts/FSDF%20Autumn%20Conf%2009.pdf

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FSDF New Members 

Eurofoods                                                                    

Eurofoods established in 1991 Euro Foods Group has become one of the leading manufacturers, processors and distributors of frozen, ambient and food packaging. This includes a vast range of products such as seafood, meat, poultry, vegetables and many new products like our new range of finger food, snacks and deserts.

Alfred Price & Sons                                     

Alfred Price & Sons set up as produce merchants in 1916 trading chiefly in locally grown potatoes, based in Lancashire. The company has since expanded and Alfred Price & Sons has been importing fresh fruit and vegetables from around the world since the 1930’s. Today, with procurement teams personally involved in selecting produce from specialized growers in all the major producing countries throughout the globe we are able to offer top quality produce throughout the whole year. Alfred Price & Sons has established an ethical and reliable operation and is committed to sourcing and supplying the best quality products.

Mansfields                                                                                       

Located in Kent, the Garden of England, Mansfields is one of the largest growers and packers of top, stone and soft fruit with over 40 years of experience. The family run business is the biggest UK apple grower and the largest UK cherry grower, whilst also growing pears, plums and strawberries in significant volumes.

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Higher charges expected following R22 phase-out

Firms holding virgin HCFC cylinders after the 31 December phase-out deadline are set to face increasingly heavy charges as the industry starts to clamp down on the illegal use of the gas. Refrigerant distributors and wholesalers are to meet to devise a government-backed protocol for the return of the virgin HCFC cylinders from early in the new year.

The protocol was conceived by Government backed F-Gas Support at RAC's Round Table last month as a way of reducing the chances of firms illegally using virgin R22 next year, either deliberately or accidentally. F-Gas Support director Ray Gluckman said: "There is nothing illegal about holding the virgin cylinder, but it would not be logical as you are not allowed to use the gas.

"To a degree we can knock that problem on the head if the suppliers were to say: `We would charge x pounds for a cylinder - or we take you to court.' F Gas support will be a hundred per cent behind industry in trying to agree a `call-back protocol'.

"We should be encouraging the call-backs in January. We could say to the industry: `Look there is a massive percentage not returned yet and we recommend to Defra that they police it harder."' The protocol is likely to coincide with heavy return fees or rental charges. Distributors could not agree fees in the protocol under price-fixing rules but they believe that hitting people in their pockets is the only way to prevent apathy. Mel Bridges, managing director of IDS Refrigeration said: "Charging an extra 10 or 20 quid has not had much impact. Charges may have to treble or quadruple."

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Ineos Fluor to close R22 operation in Runcorn ahead of deadline

Ineos Fluor is to close its R22 manufacturing operation in Runcorn, Cheshire at some point between November and the end of the year.

The sale and use of virgin R22 is banned after 31 December and Ineos has been running down sales of its Arcton 22 brand refrigerant into RAC markets, in line with European regulations. The decision to close the 46-year-old R22 plant follows a dramatic decline in the market for PTFE, which is not covered by ODS restrictions and which was enabling Ineos to maintain production volumes at Runcorn.

Ineos now believes the plant is not economically viable. The number of redundancies have yet to be finalised. Ineos retains its four other operations at the Runcorn site, including its R125 plant and its HF plant, and it continues to produce its range of replacemen for R22, such as R407A, as well as new generation refrigerants.

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Food Safety update : ISO 2000 and PAS 220

The Foundation for Food Safety Certification (FSSC) scheme, based on ISO 22000 Food Safely and PAS 220 Food Safety, has been benchmarked by the Global Food Safety Initiative (GFSI). This marks a significant step in the ongoing efforts of the GFSI, FSSC and BSI to establish a universally accepted, end-to-end standard for safety in the food supply chain.

The GFSI board of directors granted conditional recognition of this scheme based on the content of the scheme meeting the Guidance Document requirements, encouraging the FSSC to move the new scheme to full implementation.

Once fully implemented, FSSC is expected to become the sixth standard to join the stable of GFSI-recognised schemes, which are commonly accepted in the global marketplace. It is hoped that this move will drive cost efficiency and consistency in supply chains around the world when sourcing food, and deliver greater confidence to the end-users of third party certification.

"Once fully implemented and recognized by GFSI, this scheme will sit alongside the other GFSI recognised schemes that are accepted by the food supply chain around the world," says JP Suarez, chairman of the GFSI board of directors and senior vice¬president and general counsel, internationaI division, Wal-Mart Stores Inc.

Certification bodies around the world will be given the opportunity to apply for accreditation against the scope of the scheme, before the operational aspects of the scheme are benchmarked and fully recognized by the GFSI. For more information, visit www.globatfoodsafetyinitiative.com

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HSE Ladders Exchange 2009 campaign materials

LADDERS EXCHANGE 2009

++ Campaign materials now available ++

Free to download and share.

http://www.hse.gov.uk/falls/ladderexchange.htm?ebul=slips/sep-09&cr=1

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The Requirements for First aid in the workplace have changed.

The Health and Safety Executive (HSE) have announced changes to First aid in the workplace. Effective from 1 October 2009, they are the first major amendments since 1981.

The main changes:

• Revised Risk Assessment guidelines proposed to determine First aid provision in the workplace

• Many organisations may now need qualified First aiders where they employ 5 staff or more

• A new Statutory 1 day course

• First aid at work initial course is reduced to 3 days (was 4)

• A new half-day annual refresher is introduced

Risk Assessment for First aid

New Risk Assessment guidelines will be published by the HSE on 1 October 2009. The current proposals can be viewed in full on the HSE website: www.hse.gov.uk/firstaid/review/jul08update.htm (Employers). A synopsis of the proposals follows -

Only two categories of Establishment (or Activity type) are now envisaged for assessing risk levels in the workplace, instead of the present three (Medium Risk has been eliminated from the table).

Lower Hazard environments: Offices & Shops are examples, but the number of staff employed before a qualified First aider may be required on site could be reduced.

In shops or offices the risk of serious injury is low; however sudden illness or the likelihood of an accident cannot be eliminated. Consequently the HSE states that all organisations should consider providing Basic emergency life support for their staff, even if their risk assessment determines that qualified First aiders are not required.

Higher Hazard environments: with the elimination of the Medium Risk category this classification is now likely to include the majority of organisation which used to be in this band such as light engineering, food processing and warehousing. If 5 or more staff (includes part-time) are employed the guidelines indicate a fully qualified First aider is required. A decision on whether staff require training on the one-day or the three-day Statutory course (see below) will need to be made, depending upon the severity of any injury which may occur.

Please note that the Risk Assessment proposals may be subject to change by the HSE and the information provided is based on the current draft guidelines. The HSE explain that there can only be one set of guidelines published at any one time.

The HSE strongly recommend that First aid provision should be considered for all those present in a workplace, not just for employees, but visitors as well.

One-day Emergency first aid in the workplace Statutory course (EFAW)

This course will be introduced from 1 October 2009, it replaces the present Emergency aid for appointed persons course (AP or EAAP).

If the proposed Risk Assessment guidelines are adopted, this course may be suitable where a First aider trained on the 3-day course is not deemed necessary if the likelihood of serious injury is low. Certification lasts for 3 years.

Three-day First aid at work Statutory initial course (FAW)

This change reduces the burden on employers having to release staff for extended periods for training. The course content is similar to the 4-day course, but recent simplification to some protocols means that less time is required to teach the skills needed.

Annual refresher training

The HSE has identified that substantial skills fade takes place over the 3-year certification period. It is a strong recommendation by the HSE that an Annual refresher (3 hours) should be taken by both EFAW and FAW certificate holders 12 and 24 months after certification. Full requalification must still be achieved in the third year.

What is required from 1 October?

A review of the current First aid Risk Assessment based on the new guidelines to determine if current cover is sufficient. If not a decision on the level (EFAW or FAW) and numbers of First aider(s) needed will be required.

St. John Ambulance provide a First aid Risk Assessment calculator to help determine the level of First aid cover needed, this will be updated with the new guidelines from 1 October. Visit http://www.sja.org.uk/sja/training-courses/courses-for-the-workplace/workplace-training-guide.aspx

Holders of current First aid certificates (FAW and AP) do not need to take another course until their certificate expires, when they will need to take the FAW or EFAW course. They also need not take an annual refresher until after they requalify; although we recommend these are taken by existing certificate holders.

Further information on the changes can be obtained from St. John Ambulance on 08700 104950 or from our national web site: www.sja.org.uk/firstaidatworkchanges

The information provided is not exhaustive and for guidance only; organisations should undertake their own assessment for First aid provision at their establishments. St. John Ambulance is not in business as Health & Safety consultants. ©St. John Ambulance 2009 Registered Charity 1077265/1

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EU Review on OFFC Charging and Hygiene

Please see the link to the EU Review on OFFC Charging and Hygiene which has been sent to you for information.

http://ec.europa.eu/food/food/controls/inspection_fees/index_en.htm

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Food refrigeration research will continue

The Food Refrigeration and Process Engineering Research Centre (FRPERC) has moved to the Grimsby Institute after its original base at the University of Bristol was shut on July 31. FRPERC staff Stephen James, Chris James and Graham Purnell have re¬established FRPERC at the acr training provider the Grimsby Institute, effective from August 1, 2009.

Other FRPERC staff Tim Brown, Alan Foster and Judith Evans have opted to form a new company called Refrigeration Developments and Testing Ltd (RD&T). Judith Evans, RD&T's managing director said the RD&T staff will continue to be based at Bristol University's Langford site for the next few years at least. In a statement, RD&T said: "We believe that RD&T offers a unique service that transfers research knowledge into industrial projects that are delivered under commercial constraints and timescales. We are keen to expand the services we already offered as part of FRPERC and to continue our collaborations with our customers."

RD&T's work will include retail and commercial cabinet testing, development and optimisation; design and optimisation of prototype refrigeration systems; heat and mass transfer modelling including CFD; energy reduction and optimisation of refrigeration facilities and systems; optimisation of food chilling and freezing processes; test packages for refrigerated cabinet testing

Closure

In 2008, the Faculty of Engineering at the University of Bristol decided that food process engineering was not at the heart of the future of engineering at the university. It decided FRPERC, which was based at the university should stop work as part of the University of Bristol.

Fellows

Following FRPERC's move to the Grimsby Institute, Graham Purnell and Christian James became senior research fellows at the Grimsby Institute on August 1. Steve James continues his role as FRPERC director.

Steve James said: "We have been overwhelmed by the level of support in the food and refrigeration areas offered by the Grimsby Institute. With this level of support and enthusiasm we see a rapid expansion of FRPERC activities at Grimsby." Former FRPERC workers Wendy Larder, Mark Swain and Veronica Swain have retired.

For more details about FRPERC's new website at FRPERC.com or RD&T at www.rdandt.co.uk

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HACCP one day course

In association with Hygiene Audit Systems, the Royal Society for Public Health (RSPH) is to hold a one day training course on 3rd December in London entitled HACCP in practice - RSPH workshop for Environmental Health Practitioners. The 2009 Pennington report recommended that the inspection of HACCP plans be audit based. This workshop has been developed to provide inspecting officers with the practical skills they will need to effectively audit a range of different types and styles of HACCP plan.

Using accelerated learning techniques, the workshop will be interactive, memorable and fun. Workshop exercises will concentrate on the practical application of HACCP in catering, manufacturing and retail situations, enabling practitioners to move from a theoretical knowledge of HACCP to a full practical understanding.

www.rsph.org.uk

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Skills for Logistics urges employers to make the most of Driver CPC

Results from Skills for Logistics' (SfL) employer consultation on the forthcoming Driver CPC training directive indicate that logistics businesses welcome the opportunity to develop the skills of their drivers.

They see the training legislation as an opportunity to encourage drivers to update their skills and improve road safety. Key findings from the consultation are:

• 89% of respondents think it will lead to an increase in the economic awareness of drivers, for example, in terms of fuel savings and reduced vehicle wear and tear

• 87% see a potential benefit in improvements in road safety

• 81% see a potential increase in environmental awareness of drivers.

The main criticism from employers is that the Driver CPC is not sufficiently prescriptive, needing 35 hours of Periodic Training in five years, but with no legal requirement for assessment. SfL believes that there is a real opportunity for business to benefit from this required training if employers approach it in the right way and seek training that includes assessment.

According to SfL's head of intelligence, Dr Ross Moloney, the Driver CPC will ultimately have an impact on the professionalism of the HGV driver. More enlightened employers can see that there are real opportunities to develop the skills of the workforce and to benefit the business.

Dr Moloney commented that businesses that are already training their staff can align it to the Driver CPC. If it is developed appropriately some of the training can go towards certified qualifications such as the Scottish / National Vocational Qualifications (S/NVQs), so the individual benefits from getting a vocationally recognised qualification. There is a great opportunity for employers to make the Driver CPC work for their business needs and to develop drivers' skills. SfL fed the results of the employer consultation into the Driving Standards Agency, through the DSA's Consultation Driver Certificate of Professional Competence.

 

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The Driver CPC is upon us PLAN AHEAD

On 10 September the drivers of goods carrying vehicles across the European Union will become subject to European Directive 2003/59/EC. To us mere mortals this means the introduction of the Driver Certificate of Professional Competence (Driver CPC). FastFORWARD has produced this guide and directory of JAUPT approved Driver CPC training providers to help you plan for the first 35 hours of periodic training.

 

Over the next few pages we fully explain the new legislation, what it contains, what you have to do, and when, and what benefits can be gained from it. But, crucially, why you must opt for top quality training provision and how you can realise real financial benefits from putting your drivers through periodic training.

 

From 10 September this year, new licence applicants must take an extended test that includes Driver CPC training. Existing vocational licence holders will gain their Driver CPC through acquired rights at the same time. The freight transport and logistics industry's 500,000 active LGV drivers must then complete 35 hours of periodic training each five-year period thereafter to enable them to continue driving professionally. There are of course exemptions, but more about this later. So, to keep the supply chain rolling after 9 September 2014 nearly three million man days of training must be delivered if all these drivers are to gain a driver qualification card. An enormous task.

Reading this you may think the 2014 deadline is a long way off and many of you might feel there are far more important things to consider during these trying times for the freight transport industry. But Driver CPC periodic training should not be postponed until the last minute. Why? Because it is estimated that it will only take half of the UK's LGV driver population to remain completely untrained by the middle of 2013 and the nation's "Approved Training Providers" will simply not have the capacity to cope with demand.

If a driver does not have a valid Driver CPC qualification card after the 2014 deadline it becomes unlawful to drive a commercial vehicle over 3.5 tonnes GVW professionally. Therefore owner-drivers and employers must plan to schedule seven hours of periodic training per driver per year.

What is the Driver CPC?

The Driver CPC is the result of European legislation designed to improve road safety. The supporting legislation is contained within EU Directive 2003/59. According to the Department for Transport, the aim of the Driver CPC is to provide a better standard of qualified commercial driver to help reduce road casualties. It says the Driver CPC should also bring an improved professional and positive image to the road transport industries, attracting more people to drive buses, coaches and trucks for a living.

It is aimed not only at improving the knowledge and skills of LGV and PCV drivers when they first start work, but also at ensuring those skills are maintained and developed throughout the driver's working life.

Who does the Driver CPC affect?

The Driver CPC affects both operators and drivers. Operators are responsible for ensuring have and maintain the correct category of Driver CPC qualification and drivers are responsible for holding the correct qualification. The Driving Standards Agency (DSA) is taking the lead in implementing EU Directive 2003/59, which requires all professional bus, coach and lorry drivers to hold a Driver CPC in addition to their vocational driving licence.

The directive covers all EU member states. For bus and coach drivers it came into force on 10 September 2008. For lorry drivers the clock starts ticking on 10 September 2009. To maintain their Driver CPC, all existing category C and D licence holders (including C, Cl, C1+E, C+E and D, D1, D+E, D1+E) will be required to undertake 35 hours of periodic training every five years.

For the freight transport and logistics industry this means the drivers of delivery vehicles that exceed 3.5 tonnes GVW The Driver CPC also introduces an initial qualification for new drivers entering the industry after the above September dates, which they must complete in order to drive professionally.

Exemptions

The directive does not apply to the drivers of:

• vehicles used for non-commercial carriage of passengers or goods, for personal use

• vehicles undergoing road tests for technical development, repair or maintenance purposes, or of new or rebuilt vehicles, which have not yet been put into service

• vehicles used in the course of driving lessons for the purpose of enabling that person to obtain a driving licence or a Driver CPC

• vehicles carrying material or equipment to be used by that person in the course of his or her work, provided that driving that vehicle does not constitute the driver's principal activity. An example of this exception is given in the note at the end of this article

• vehicles with a maximum authorised speed not exceeding 45kph

• vehicles used by, or under the control of, the armed forces, civil defence, the fire service and forces responsible for maintaining public order

• vehicles used in states of emergency or assigned to rescue missions.

Special notes for owner drivers and transport managers

The holders of national or international operator CPCs are not exempt from the Driver CPC if LGV driving forms part of their employment.

Drivers can move in and out of an exemption, depending on the circumstances in which they are driving. For example, a truck mechanic would be exempt while driving a truck to check that a fault had been repaired, but would need to hold a Driver CPC if he also drove a truck on normal operations - even if it was just for a few hours a week.

Driver CPC periodic training

Driver CPC periodic training has been designed to be relevant to a driver's everyday work. We have outlined the syllabus below.

The minimum length of a periodic training course is seven hours. Courses and the trainers who provide them have to be approved by an organisation which was formed by a memorandum of agreement between the Driving Standards Agency, Skills for Logistics and GoSkills. This regulatory body - The Joint Approvals Unit Periodic Training (JAUPT) - issues approvals for courses, instructors and training providers. It exists to ensure that training adheres to the syllabus laid down in the EU directive and this training is delivered by a competent organisation with competent instructors. JAUPT will be conducting audits of its approved providers from September 2009.

Current rules

A seven-hour course can be delivered in two 3.5 h parts provided both parts are delivered within 24 hours. This helps operators who wish to include the training at the end and beginning of two normal working days. Periodic training is what it says - training - therefore it is not allowed to be delivered "on the job". Putting a driver through a week-long 35-hour course is permissible, but it is not advisable. Under the rules a driver could complete 35 hours by the end of this year. They would not have to do any more Driver CPC periodic training until 2019.

Periodic training, like all training, should be viewed as a business benefit. If it is delivered all at once the driver is likely to switch off and will not absorb it. They will retain the knowledge for less time and it is probable they will return to their bad habits, with no chance of correcting them again for years. This achieves nothing. There is no requirement for a course to include a pass or fail element. A large number of operators have asked the DSA, via their trade associations, if some form of assessment can be included to ensure drivers are absorbing the training. An assessment is allowed but it has no bearing on whether the course time counts towards the Driver CPC. Once a driver has attended a periodic training course the training provider must upload a record of attendance using the "Government Gateway" to a database operated by the DSA. Once a driver has completed the full 35 hours they will be issued with a Driver CPC qualification card. It is similar in appearance to a photocard driving licence and has an expiry date and the driver must be able to produce it at any time while driving an in-scope vehicle. Periodic training must be completed in the coun¬try of employment or residence. Drivers from other EU member states who are based in the UK can undertake periodic training in the UK if residing here for longer than six months in a calendar year. Training completed in another EU state will count towards periodic training in the UK. Nationals from a third country who are employed in the UK are also required to hold a Driver CPC. This means there is nothing to be gained by employ¬ing "untrained" drivers from outside the EU.

Yours for the asking

With the Driver CPC round the corner, what free tools and resources are available to support the CPC syllabus? The Driver CPC requires all drivers to complete a minimum of 35 hours periodic training within every five year period and will help raise the bar for fuel efficiency, safety and service for the whole industry. Freight Best Practice has been working with Skills for Logistics and with the Joint Approvals Unit for Periodic Training (JAUPT) to ensure that the programme's publications support the CPC syllabus. As a result, the programme's publications have been mapped to the CPC syllabus and support the individual CPC objectives of:

- Optimising fuel consumption

- Understanding the characteristics of the transmission

- Understanding the safety controls

- Loading a vehicle safely.

 

Furthermore, the well established Safe and Fuel Efficient Driving programme (SAFED) can form part of the driver CPC syllabus and there is still funding available for operators in the aggregates sector. All Freight Best Practice publications are free and can be ordered in large quantities. Additional funding from the Safe and Fuel Efficient Driving (SAFED) scheme is also available for certain operators when putting their drivers through CPC training.

SAFED

SAFED has been designed to enhance the driv¬ing techniques of truck and van drivers. The SAFED training programme was developed by a steering group of industry experts and is sponsored by the Department for Transport. The course can form part of the CPC syllabus and funding exists in the aggregates sector.

Since its introduction, thousands of drivers have been through the one-day training course, and hundreds of driver trainers have completed the SAFED instructor's course.

 

Widespread benefits have been reported following the completion of training with an average fuel saving of 10% for truck drivers and 16% for van drivers. The course comprises a full day of training in practical and theoretical elements and teaches the use of driving techniques such as better use of gears, keeping correct distances to avoid hard braking and an overall awareness of fuel economy. Drivers are assessed on their current driving style, and are then given tuition to improve driving technique to aid fuel efficiency and improve safety. Finally the driver is reassessed to record improvements in driving performance and actual fuel consumption.

To locate an instructor visit www.safed. org.uk or call the helpline on 0870 190 8440. Freight Best Practice has something to offer owners, directors, managers and drivers. The Freight Best Practice programme provides a wealth of free support material on all aspects of improving efficiency, saving money and reducing emissions. There are pocket guides, guides, case studies, DVDs and practical tools designed to support the CPC syllabus. All the material is available to order FREE from www.freightbestpractice.org.uk or by calling the hot line on 0845 877 0877.

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Government introduces fuel duty increase

A 2p fuel duty rise had been implemented across the country 1st September.

The increase, which is the third in nine months, has been made in order to increase funding for public investment, the government has said.

With VAT taken into account, the increase is 2.3p and it is expected to have a knock-on effect on the price of petrol, which is currently around 105p.

The decision has been criticised by a number of industry bodies, with director of the RAC Foundation Stephen Glaister telling the BBC that the move "will hit everybody hard".

Richard George of the Campaign for Better Transport added that the extra money should be used to improve public transport, as this would result in drivers being "better off as there would be less cars on the road, less congestion for them".

Freight body the Road Haulage Association said last week that the government's launch of a report outlining plans to crack down on unsafe foreign lorries should not distract from the effects the fuel duty rise will have on the sector.

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One in five haulage firms making a loss

A fifth of haulage and logistic businesses are making a loss, and profitability continues to be in steep decline, according to two surveys on the perilous state of cash flow within the road transport industry.

Both surveys, one conducted by Plimsoll and one by Euler Hermes UK, have singled out deep price discounting as the major reason for the overall fall in profit in 2009. Research group Plimsoll says that 198 of the 999 road haulage firms it surveyed were making a loss, while 81 of those were making a loss for a second, or even third year. David Pattison, senior analyst at Plimsoll, says: "These companies are either blatantly undercutting the rest of the market to enhance or maintain market share, or, more likely, have delayed making the painful decision more prudent companies have made recently.

"No one wants to trim costs, lay off staff, cancel dividend payments and the like, but continuing on regardless is fast becoming unviable. They can't bury their heads in the sand any longer," he adds.

Meanwhile the latest Cash Flow and Profit Survey of UK Companies, published by Euler Hermes UK for the second quarter of the year, shows that both profits and cash flow continued to decrease in the distribution sector.

Profits for UK distribution businesses have fallen for seven consecutive quarters, and the report states that price discounting is having "the main adverse effect on profitability during Q2" as distribution businesses responded to poor sales by lowering their prices.

The warning comes just a week after the Road Haulage Association urged hauliers to have rates that are sustainable in the face recent 2p/lit fuel duty rise.

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Human health risk from certain GM fish - Study

The commercial breeding certain species of GM fish should be approached with caution on fears they could pose a health risk to humans and threaten natural breeds, new research has said.

A study from the University of Gothenburg, in Sweden, cautioned that by giving some fish genes from other organisms – so-called transgenes – researchers have succeeded in producing species that are able grow considerably more quickly than non-GM fish and are more resistant to diseases. However, the robust nature of transgenic species means they can have a higher tolerance to toxins.

Health fears

The report, commissioned by the European Union, acknowledged that GM breeding had the potential to revolutionise commercial fish farming – delivering higher production and better yields. It would also ease of pressure on over-exploited fish stocks and could result in a lowering of raw material prices for fish processors.

 

Threat to natural breeds

As well as examining implications to human health, the report also looked at any ecological threat posed by transgenic salmon and rainbow trout to the natural environment if they escaped from enclosed commercial breeding farms. Researchers found that GM fish “have a considerably greater effect on the natural environment than hatchery-reared non-transgenic species when they escape”. This is most likely due to their ability to cope better with food shortages and changes in water temperatures, noted the report.

 

But the study said it was unable to predict if the escaped GM fish would outperform natural species over time if they became established in natural stocks.

Broad international consent was needed before commercial farming was given the green light and that a precautionary approach should be applie.

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Summary Management Committee Animal Products

Please see below the summary of the Management Committee for Animal Products – Beef and Veal, and Poultry and Eggs held on 3 September 2009.

BEEF AND VEAL

2.1. proposed measures on which an opinion may be requested

2.1.1. Draft Commission Regulation amending Regulation (EC) No. 412/2008 opening and providing for the administration of an import tariff quota for frozen beef intended for processing and derogating from the same regulation

1. A number of Member States were unsure why Article 3 of the Regulation stated that the Regulation shall expire on 30 June 2010 and wanted to know what would happen after this date as they found it confusing. The Commission explained that it concerned better regulation, because they felt there was no point having a Regulation around that had expired. As this sentence had proved confusing the Commission agreed to remove it from the Regulation.

2. Other Member States raised the point about tariff lines, and wanted to know why the Regulation proposed five lines when discussions with Brazil only concerned one. The Commission stated that as this was an extension of a previous quota, and applied erga omnes, five tariff lines needed to be included.

3. One Member State wanted a fairer distribution between and A and B products. The Commission said this was not up for discussion this time, but depending on market developments did not rule it out.

4. Vote: Favourable opinion.

 2.1.2. Draft Commission Regulation amending Regulation (EC) No. 810/2008 opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat.

5. One Member State said that the Regulation had previously only included fresh meat, but now frozen was included. The Commission pointed out that frozen meat was also part of the agreement.

6. Another Member State had concerns about a higher import quota for Brazil considering their foot and mouth problems. The Commission said the same rules restricting imports still applied.

7. Vote: Unanimous agreement.

2.2. Any Other Business Beef and Veal

8. No Items of AOB

 POULTRY MEAT AND EGGS

3.1. Proposed measures on which an opinion may be requested

3.1.1. Draft Commission Regulation amending Regulation (EC) No 1384/2007 laying down detailed rules for the application of Council Regulation (EC) No 2398/96 as regards opening and providing for the administration of certain quotas for imports into the Community of poultry meat products originating in Israel

9. One Member State asked if the quota was linked to the accession of Romania and Bulgaria. The Commission said it was not.

10. Another Member State said they had written to the Commission about the certification procedures as they could prove confusing due to different interpretations. The Commission agreed that this was not clear in the text.

11. One Member State wanted to know how the Commission came to their calculations in Article 2, as theirs were different. The Commission did not know and would withdraw the item from the agenda and seek legal advice.

3.1.2. Draft Commission Regulation amending Regulation (EC) No 1385/2007 laying down detailed rules for the application of Council Regulation (EC) No 774/94 as regards opening and providing for the administration of certain Community tariff quotas for poultry meat.

12. One Member State had written to the Commission with their concerns about this Regulation. They thought changing the co-efficient was the only way to deal with the additional quota.

13. This item was withdrawn to seek legal advice as the draft is similar to item

3.1.3. For discussion only: Draft Commission Regulation laying down detailed rules for the application of Council Regulation (EC) No 779/98 as regards opening and providing for the administration of certain quotas for imports into the Community of poultry meat products originating in Turkey. 14. In spring the Commission mentioned that some quota Regulations would be transferred to DG Taxud, and that is the case with this one. They would be seeking opinions at the next Management Committee on 17 September.

3.2. Any Other Business Poultry meat and Eggs

15. One Member State wanted to know why the poultry point had been taken off the agenda for the Special Agricultural Council on 7 September. The Commission said there was an issue with raw meat in the draft, but it would be on the agenda for the Council meeting in October.

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SfL and FBP pull together for DCPC

Freight Best Practice and Skills for Logistics have joined forces. The Dff's Freight Best Practice programme and the sector skills council for the freight logistics industry, Skills for Logistics, have signed a memorandum of understanding that sets out a strategic plan for future joint working. The move has already seen Freight Best Practice became far more involved in the provision of advice surrounding the Driver CPC and particularly periodic training.

The signing of the document outlines formal business relationship, which will lead to the introduction of a more effective and better-integrated working relationship between both organisations. The agreement, which is supported by the DfT, encourages the sharing of dissemination channels resulting in Freight Best Practice publications being used in the proposed Skills for Logistics academies. Additionally programme publications will be recommended to independent training academies. The document also sets out plans for joint event attendance and an annual joint-held event, which will help promote the objectives of both organisations.

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Frozen thermometers

Comark has introduced two new thermometers in response to European standards EN 12380, EN 13485 and EN 13486. This requires that from January 2010, only temperature monitoring instruments that comply can be used in the transport, warehousing and storage of quick frozen foodstuffs.

Furthermore, documents must be kept to prove compliance. Comark's new C30 and C32 thermometers are both designed to meet the new standard and focus on the temperature range -50 to + 150°C, which makes them ideal for both air and product measurement applications right across the cold chain. A dual purpose EN compliant air/penetration probe is also available from Comark.

Both instruments feature a comfortable ergonomically designed case rated dust and waterproof to IP65 for improved durability. This, together with a built-in protective rubber boot and BioCote antimicrobial, which reduces the risk of cross contamination, makes them ideal for busy food production areas.

The C30 is a single button operation thermometer designed for maximum ease of use, while the C32 offers additional features like a countdown timer and alarm, a permanent clock and a data hold function to ease temperature recording. Fax +44 0844 815 6598 or salesuk@comarkltd.com

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PSION TEKLOGIX

The Workabout Pro was one of the first rugged devices designed with a modular platform to extend its appeal and its life. It has numerous hardware expansion slots for adding new modules such as fingerprint scanners and RFID readers. For communication, 80Z.11b/g wireless networking and GPRS mobile data with Bluetooth local area networking are built in.

The Workabout Pro incorporates Marvell's PXA270 520MHz processor and either Windows CE 5 or Mobile 6 as the operating system. The 3.6 in (9.14cm)colour touch screen has full VGA resolution for improved visibility. The atmospheric rating is IP65, and the units is said to be able to withstand handle 26 drops from 1.5 metres on 12 edges.

The Ikon is Psion Teklogix's entrant is the semi-rugged multi-tasking sector. It has a colour camera and integrated GPS receiver as standard, with optional integrated imager or scanner and a choice of keypads.

There are a variety of connectivity options, including simultaneous Wi-Fi, cellular phone and Bluetooth. The 3.7in VGA screen specification has a higher resolution than terminals with quarter VGA screens, aiding clarity.

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Exide knows ‘every little helps’ when comes to Tesco

Exide Technologies (CMP Batteries Ltd) was recently awarded the Tesco 'Values Award' for their expert assistance in helping keep operations running as smoothly as possible over the very busy Christmas period.

Exide Technologies, who supply Tesco with their forklift truck batteries, chargers and battery transfer equipment, were well equipped to deal with the demanding Christmas schedule and any problems that may have arisen, as they had previously carried out surveys in an effort to identify any potential problems in advance. This allowed them to ensure that everything continued to run at an optimum level during this crucial period, and they were prepared for all possible challenges. The surveys were conducted throughout Tesco's National Distribution Centres.

Tesco's UK Maintenance Manager, James Fenton commented "Exide Technologies really helped us through the traditionally busy run up to Christmas by ensuring the batteries, chargers and battery transfer equipment continued to run smoothly. This enabled us to achieve maximum uptime from our fleet. The certificate that we presented to Exide states 'No one tries harder for customers' and I can personally vouch for this".

Vic Sayer, ,Exide's UK National Account Manager commented "We have the largest team of service engineers amongst any industrial battery supplier so we are able to give excellent service back up and have the highest 'first time fix' rates; we aim to give the same excep¬tional service to all Our customers, but this tangible recognition is very rewarding."

Exide Technologies (CMP Batteries Ltd) Tel 01204 661460 Email: cmpsales@eu.exide.com www.cmpbatterles.co.uk

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Wincanton has invested over £1m in a brand new fleet of tractor units for its contracts with both HJ Heinz and adidas

Wincanton has invested over £1m in a brand new fleet of tractor units for its contracts with both HJ Heinz and adidas. Operating across the UK and Ireland, the additional fleet is supported by super lightweight trailers, allowing for improved load capacity, increasing the efficiency of the Wincanton service and its delivery capabilities.

As well as alloy wheels, the vehicles have been fitted with the latest in aero-dynamics for improved drag co-efficiency. The lighter vehicles ensure maximum carrying capacity while also reducing CO2 emissions. The vehicle cabins are also more spacious, offering improved driver welfare and comfort.

Both the HJ Heinz - which extended its 13-year relationship with Wincanton earlier this year - and the adidas contracts will be managed from Wincanton’s regional planning centre based in Wigan. From there, Wincanton is able to maximise efficiencies through planning optimum vehicle capacity with other Wincanton customers, increasing fleet utilisation and reducing ‘empty running’.

Richard Burnett, Business Unit Director, commented: “Alongside our regional planning centre, this latest fleet renewal highlights our commitment to investing in our customers’ business as well as providing them with the most effective and efficient service available.”

The new fleet will be put to the test during the coming ‘Soup Season’ (October to January) when Wincanton will deliver in excess of 200 loads a day for HJ Heinz, while adidas will require the fleet to deliver 50 loads per day throughout the contract.

Wincanton manages a fleet of some 5,000 vehicles across the UK, on both a dedicated and shared user basis, and leverages the strengths of this network to deliver operational efficiency and emission reductions to its customers. This market-leading national infrastructure brings scale, flexibility and environmental benefit to major companies such as HJ Heinz and adidas.

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Asda to sell world's most expensive beef

Asda hopes to roll out the world's most expensive luxurious beef product in late 2010 / early 2011. This will be imported from Japan, which is famous for its Wagyu beef and special breeding of its cattle. This will be a first for UK supermarkets. A kilo of Wagyu in Japan retails at approximately £150.

The cattle in Japan enjoy an excellent standard of care, which in turn delivers excellent meat. The cows listen to classical music, drink beer and are regularly massaged. But the cattle that will produce the top standard meat in the UK can expect no such luxuries, as the meat has been acquired through artificial insemination from the cattle in Japan. Farms are being developed across the UK and Ireland for the specific purpose of rearing the necessary cattle.

Asda wants to make the top level beef accessible to Mr. Average. An eight ounce steak will cost £12, and a fillet steak should retail at around £5.50.

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Asda appoints new supply chain director

UK-based supermarket chain Asda has announced the appointment of Gavin Chappell as its new supply chain director. He will commence his new position on 1st October 2009.

Formerly supply chain director from Boots, he will be located at Asda's head office and will report to Andy Clarke, chief operating officer.

Gavin will succeed Huw Edwards, who has moved to a newly created post as central procurement director. Huw will report to Darren Blackhurst, the chief merchandising officer of Asda who also starts on 1st October.

The company stated that Edwards' new post had been created in order to centralise all of the retailer's buying processes and ensure that the operation is as cost-effective as possible. It also said that Edwards would be working with all the procurement teams to work out best practice.

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Sainsbury's open biggest branch in Ireland

Sainsbury's has made corporate history in Northern Ireland by opening the country's biggest supermarket in Belfast, and one the firm's biggest in the last ten years. The new outlet replaces the Curley's supermarket on the 69,000 sq ft site, and will provide 350 jobs.

Around 250 of these jobs will be transferences from Curley staff, while Sainsbury's create 100 more. The positions range from management to checkout to warehouse staff.

The new branch is committed to sustaining a sourcing of local produce, as it has 100 Irish suppliers on its books. The store is part of a multi-million pound investment in the west part of the Ulster capital.

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Reed Boardall updates fleet with MAN and Scania

Reed Boardall Group, the frozen food storage and distribution business, has taken delivery of 56 new MAN and Scania tractor units.

The delivery includes a number of Euro 4 MAN TGX XXL models, as well as Scania 480 Topline and 420 Highlines and forms part of the company’s continuous programme to keep its 150-strong fleet at no more than three years old. Reed Boardall transports some 10,000 pallets of frozen food each day and as such has developed a number of eco-friendly initiatives to help minimise its impact on the environment.

These include its cold storage site in Boroughbridge with 112,000 pallet spaces and its 24/7 transport operation, which combined save around 1,000 tonnes of carbon dioxide a year.

Reed Boardall Transport's managing director Tom Cassells, said: "While we have to give any investment careful consideration given the economic climate, we at Reed Boardall are all committed to a long-term future and that means maintaining unrivalled performance levels.

"In addition to new tractor units and trailers, we address our efficiency levels through our bespoke monitoring system." Garry Tilburn, managing director of Reed Boardall Cold Storage, added: "Today's supply chain needs lower stocks. We meet this requirement by taking orders day one and delivering day two. It may sound simple but it takes an incredibly sophisticated infrastructure to achieve this, day in day out – particularly with frozen food."

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Barloworld boosts efficiency with Six Sigma

Barloworld Handling has introduced Six Sigma continuous improvement tools and techniques to improve the efficiency of its processes, reduce costs and boost customer satisfaction.

It now has 16 “black and green belt” qualified staff and has completed a number of improvement projects, which it says have had a positive effect on customer service. Six Sigma is a set of tools and techniques designed to improve the consistency and quality of process outputs. Black and green certification is awarded on completion of a comprehensive training programme and improvement projects.

Barloworld first introduced the Six Sigma methodology in April 2008 with six employees originally trained to green belt standard by Paloma Consulting.

This group completed seven projects which achieved financial benefits and improved efficiency, resulting in fewer breakdowns, faster engineer response times, less waste and the quality of new truck handovers.

Phil Marles, field service manager at Barloworld, said: “One of the main areas of focus for our Six Sigma projects is the improvement of internal processes to achieve customer satisfaction. In addition, we also have a number of projects aimed at improving equipment reliability in the field leading to even better up-time for our customers.”

He added: “One key positive is that we have used the Six Sigma process to strengthen our working relationship with Hyster, helping to improve the reliability of trucks in the field and introduced improvements in both manufacturing and quality testing.” All projects are monitored for a minimum of twelve months after completion to ensure that improvements are controlled and maintained.

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Tesco awards mechanised logistics system contract

Leading logistics systems supplier Dematic has won the contract to supply the mechanised logistics system for Tesco’s new 910,000 sq ft distribution centre (DC) in Teesport, Middlesborough. The system, which is scheduled for completion in 2010, will provide the UK’s largest retailer with a highly efficient pallet storage solution, incorporating a fully mechanised high bay warehouse, monorail and conveyor networks, and Dematic’s DC Director Warehouse Control System (WCS).

Dedicated to Tesco’s fast-growing general merchandise range, the new DC is the company’s first purpose-built import centre. Located on a brownfield site next to a deep sea port and the forthcoming ‘Northern Gateway’ container terminal, the new centre will eliminate the need to transport imported goods in bulk to distribution centres further inland. As a result, Tesco will realise significant cost savings on its inbound logistics operations. Furthermore, the environmental benefits include a reduction in CO2 emissions of over 700 tonnes per annum.

Commenting on the project, Simon Jones, program manager, network development for Tesco, said, “The mechanised logistics system will provide high density storage and efficient handling of products within the DC. Tesco’s decision to award the contract to Dematic reflects the fact that the two companies already have a very good working relationship. Dematic has implemented mechanised logistics systems at other locations within our distribution network and successfully integrated their software with Tesco’s own IT systems.”

The Dematic system includes a total of 43 automated storage and retrieval cranes and 120,000 pallet locations. As well as supporting full pallet picking, the high bay warehouse will also replenish a low bay picking area where mixed pallets can be generated. The goods in, storage, picking and despatch areas will be linked via extensive monorail and conveyor systems. Dematic’s DC Director WCS will interface with Tesco’s existing, company-wide Warehouse Management System (WMS).

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CBI/Marsh swine flu seminar - presentations

The presentations from September 11th can be found here: www.cbi.org.uk/swineflu

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New case concerning TUPE transfers and substantial changes which are materially detrimental to employees

Background

Ms Tapere (“T”) was an employee of Lewisham Primary Care Trust (“PCT”). She and some of her colleagues were TUPE transferred to work for the South London and Maudlsey NHS Trust (“South London Trust”). In strict geographical terms, her new place of work at the South London Trust hospital was only 2.5 miles further than her original work place. T objected to the additional time it would take her to commute to her new work place. She explained she was a single mother and the additional time it would take her to commute would be a substantial and material detriment to herself and her family.

She stated that the mobility clause within her contract of employment restricted her to work within the geographical area of the PCT. The clause read: “Location – There may be occasions when you are required to perform your duties either temporarily or permanently at other locations within the Trust”.

She resigned when her workplace was moved. She made a claim for constructive dismissal. In response to this claim, her new employer stated that the mobility clause meant that they could transfer T to anywhere within the area of the South London Trust rather than restricting her to work within the boundaries of her former PCT employer. Her new employer also stated that the additional commuting distance of 2.5 miles could not be considered to be a substantial or materially detrimental change in T’s working conditions.

Decision at the Employment Tribunal

The Tribunal decided that the new location was not significantly further away from T’s home and that the additional travelling time involved in travelling to her new workplace could not be said to amount to a fundamental breach of her employment contract. The term “within the Trust” in the mobility clause was superfluous and did not restrict T’s employment to the boundaries of the PCT. Neither was there a breach of part 4(9) of the TUPE regulations. This was because an objective rather than a subjective examination of the “material detriment” in the move was assessed by the Tribunal. They decided that in moving to her workplace, she would experience no objective substantial change or material detriment. T appealed.

Decision at the Employment Appeal Tribunal

Mobility clause

The EAT stated that the Tribunal should have decided that the term “within the Trust” did not mean the area covered by her new employer. To interpret this phrase differently was to alter T’s original contract, to her disadvantage. The mobility clause within her original contract only empowered her employer to require to her to move to other locations within the PCT area and “within the Trust” was not a superfluous phrase that could be ignored in this case. Consequently, T could not be required to move to a new location within the boundaries of the South London Trust hospital; even if it was only 2.5 miles further than T’s current workplace.

Substantial change in working conditions and material detriment

T’s change of workplace meant potential disruption to child care arrangements and a longer or altered journey which she did not wish to undertake. The two components in regulation 4(9) of TUPE 2006 which mattered in this case, were those dealing with a “substantial change in working conditions” which were “to the material detriment of a person whose contract of employment is ... transferred”. The EAT stated that whether there had been a substantial change in working conditions was a simple question of fact to be determined by looking at the nature as well as the degree of change. Contractual terms as well as physical conditions can amount to “working conditions”.

The approach of the Tribunal, in using an objective test to see if here had been a substantial change and material detriment ,was incorrect. The Tribunal had objectively determined the case by weighing and arbitrating the competing arguments of T and her employer. The questions that the Tribunal ought to have asked were whether the employee regarded those factors as detrimental and, if so, whether that was a reasonable position for the employee to adopt.

Comment

A seemingly trivial change for one employee in one setting can be a substantial and detrimental change for another within a different context. This case illustrates that the nature as well as the degree and character of change is likely to be important in determining what amounts to a detrimental factor in TUPE transfers.

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Legal update: Statutory redundancy rate rise on 1 October 2009

The Government has confirmed that the increase in the weekly limit used to calculate statutory redundancy pay, from £350 to £380, will take place on 1 October 2009.

An employee being made redundant with two or more years' continuous service has the right to receive:

-       a statutory redundancy payment

-       a written statement setting out the payment amount and how it was calculated

The payment due to each employee under the statutory redundancy payment scheme is based on:

-      the employee's age

-      the employee's amount of continuous service, subject to a minimum of two years and a maximum of 20 years

-      the employee's weekly gross pay – up to a limit of £350 for redundancies up to and including 30 September 2009. This limit will rise to £380 from 1 October 2009

This increase will also apply to a wide range of employment tribunal awards – calculated using a week's pay – that an employer might have to pay, such as:

-compensation for non-compliance with flexible working procedures

-the basic and additional awards for unfair dismissal

-compensation where an employer has failed to consult a trade union or elected employee representatives when it intends to make 20 or more employees redundant

compensation for failure by an employer to allow an employee to be accompanied to a disciplinary or grievance hearing

compensation for failure by an employer to give a statement of employment particulars

compensation for an employer's failure to comply with its duty to notify an employee of either the date on which it

intends to retire them or their right to make a request not to retire on that date

This amount is also used to calculate various payments made by the Secretary of State from the National Insurance Fund if an employer's business becomes insolvent. Examples of such payments include:

-    holiday pay

-    arrears of pay

-    redundancy pay

-     pay in lieu of notice

-      unpaid compensation for unfair dismissal

It has also been stated that the limit will not rise again in February 2010, as it would normally do. Rather, it will remain at £380 until February 2011, and the annual uprating due to take effect from 1 February 2010 will be suspended. Normally, the annual increases in February track changes in the retail prices index (rounded to the nearest £10) but this one-off increase is taking place without reference to that mechanism.