Issue 16, Vol 1

FEDERATION NEWS

Update from the Chief Executive

Six months on since I took over the role of Chief Executive from John Hutchings, I felt it would be useful to report to members the current state of the Federation and to provide members some indication of the range of activities with which we are currently involved. To read further please click here

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FSDF Planned Programme of events

Dates for your diaries;    Click here

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FSDF Press Release

The Food Storage and Distribution Federation (FSDF), the sole trade body which represents and supports the interests of the entire food logistics industry, and Skills for Logistics (SfL), the Sector Skills Council for the freight logistics industries, have reached a formal agreement to work together on the development of a series of nationally recognised qualifications for the food logistics industry.       Click here

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FSDF New Members

We welcome the following companies to the FSDF :

Gaskains Ltd

Wrights

Crown

Click here to find out more about them

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COMMITTEE FOCUS

Technical and Safety

SLIPS, TRIPS & FALLS FROM HEIGHT

Click here

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Managing work-related violence in licensed and retail premises

Are you doing enough to prevent and manage violence or anti-social behaviour in your workplace? This leaflet contains information and practical advice on how to assess and tackle the risk of violence to your staff. Click for further information

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Asbestos - The Hidden Killer

Asbestos training is a legal requirement Click for further information

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Business Affairs

Green Logistics

The Green Logistics Academic Project is making good progress click here to read more

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Logistics Management

Stobart group pioneers lower carbon fresh fruit and veg with the arrival in the UK of the first fully refrigerated train service from Spain

The Stobart logistics group have started to import Spanish fresh produce by train. Click to read full presss release

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BUSINESS NEWS

National Minimum Wage Changes

From 1 October 2009 the new National Minimum Wage rates click here for full article

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MHS Link newsletter

MHS newsletter which aims to keep all Food Business Operators up to date with developments in the MHS including technical, operational and legislative matters.   click here

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Safety Tips for Driving HGVs in Severe Weather

The newsletter is mailed quarterly to FBOs and to their industry representatives.This free printable leaflet explains the severe weather alert system for road users   click here

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Marks & Spencer Bring more job opportunities

Marks & Spencer are to create 450 new jobs, when their new store opens near Dublin Airport, in the Irish Republic. click here

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REED BOARDALL MAINTAINS TECHNOLOGY LEAD WITH £100,000 COMPUTER UPGRADE

Reed Boardall Group, the UK's premier frozen food storage and distribution operation, is investing over £100,000 to maintain its industry lead in computer technology. click here to read more

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CBI NEWS

CBI

Recent Economic Developments

to find out more

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LEGAL UPDATES

 

Sale through ‘pre-pack’ administration and transfer of employees under TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006) to find out more

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Update from the Chief Executive

 

Six months on since I took over the role of Chief Executive from John Hutchings, I felt it would be useful to report to members the current state of the Federation and to provide members some indication of the range of activities with which we are currently involved.

The best analogy is the duck – looking calm and smooth on the surface but paddling hard underwater. The FSDF continues to thrive, with significant membership growth as a result of our management of the Climate Change Agreement. We are broadening our coverage and our membership to the whole food supply chain, and at the same time, strengthening our connections with other Trade Associations, such as the British Frozen Food Federation, FTA, RHA, Food and Drink Federation, British Retail Consortium and Institute of Refrigeration.

We are also punching our weight and increasing our influence with Government departments such as DEFRA, DfT, BIS, FSA, working on projects such as the DfT Low Carbon Transport Group, Emergency Planning for Pandemics, and as stakeholders with Freight Best Practice, Green Logistics and the BRC Global Standard Technical Advisory Committee. Currently we are working with the BRC in the revision of the Global Standard for warehousing and distribution, and the CBI in preparation for the introduction of the Carbon Reduction commitment.

At the same time we are working hard to provide and enhance the range of services and events members have come to value, with two conferences each year, our popular golf day in July and new for 2010, partnership with Reed Publications (The Grocer, Food Manufacturer, etc) in the launch of a new Food and Drink Logistics Show at NEC Birmingham in late March (See provisional events diary for dates).

Our overriding objective here at Grazeley is to provide relevance and value for our current and prospective members, delivering information and services which are cost effective, assist in the strategic and day to day running and profitability of your businesses. As Managing Director of a company that was a long term member, I certainly valued my membership and also enjoyed the networking and involvement in FSDF activities, and I know that those companies which are represented on the Board and working Committees do so too. So I look forward to an even busier FSDF 2010, involving more of our members, delivering a wider range of improved services leading on to the FSDF Centenary in 2011.

 

 

 

 

Chris Sturman, Chief Executive

 

 

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FSDF Planned Programme of Events 2010

10/11 March	SPRING CONFERENCE Venue - Leicester Marriott
21-24 March	Food and Drink Logistics SHOW NEC Birmingham -Hall 5 -IN PARTNERSHIP WITH rEED PUBLICATIONS (tHE gROCER mAGAZINE)
13/14 July	GOLF DAY  - Breadsall Priory Derbyshire
28/29 Sept	AUTUMN CONFERENCE - LONDON

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FSDF and SfL work together to Develop Skills of Food Logistics Sector

The Food Storage and Distribution Federation (FSDF), the sole trade body which represents and supports the interests of the entire food logistics industry, and Skills for Logistics (SfL), the Sector Skills Council for the freight logistics industries, have reached a formal agreement to work together on the development of a series of nationally recognised qualifications for the food logistics industry.

The organisations have signed a Memorandum of Understanding (MOU), which outlines ways in which the two parties will co-operate on joint activities that will lead to the development of long term sustainable initiatives that reflect and address the changing skills development needs of the sector.

Dr Mick Jackson, Chief Executive Officer of Skills for Logistics outlined how they would work with FSDF at the FSDF Autumn Conference held on 15th October at the DeVere Oulton Hall Hotel Nr Leeds. The qualifications will be tailored directly to the needs of the food logistics sector, and be both demand driven and relevant. They will offer a mix of core behavioural skills, logistics craft skills and supply chain specific skills in the areas of food handling, cold store working and temperature regimes.

Chris Sturman, Chief Executive of FSDF said: ”It is only natural that FSDF and Skills for Logistics should engage and work together to create a comprehensive training and personal development package, relevant and both valuable to FSDF member companies, and which meets the career development needs of staff who work at all levels of their businesses. This package will particularly recognise the specific requirements of working in low temperature environments, the nature and specification of the specialist equipment used, and the special handling and hygiene care and control that is required to maintain food quality and safety.

The signing of the Memorandum of Understanding is the formal start of a close relationship with Skills for Logistics which will enable us to carefully define what our industry needs throughout the food supply chain and for relevant training packages to be developed and delivered.”

Dr Mick Jackson added: “We are pleased to be working closely with the Food Storage and Distribution Federation on a variety of initiatives that will help develop workforce skills throughout the food supply chain. The supply of industry specific, demand driven qualifications and training programmes are key to an effective and efficient workforce and the future of UK plc.

Dr Mick Jackson and FSDF Chief Executive Chris Sturman signed the Memorandum Of Understanding during the FSDF Autumn Conference along with James Woodward, MD of Coldmove the current FSDF President.

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FSDF New Members 

Gaskains Ltd

Gaskains Ltd is a close-knit, family-run business that has emerged over the years as one of the most successful soft, stone and top fruit growers, packers and storers in the UK, cultivating a reputation for quality that has enabled us to become suppliers to a number of leading UK retailers.

The business operates over 1300 acres based in the village of Selling, Kent. We grow strawberries, raspberries, blueberries, blackberries, blackcurrants, plums, apples and pears.

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Wrights

 

Founded in 1926 by the present M.D.’s grandfather Wrights has remained a family firm with true family values and has developed considerably from the humble Meat & Potato Pie sold in Stoke-on-Trent in 1926 to a full range of Savoury and Confectionery products available today the world over. Wrights are also well known for their Special Products Division which develops both Savoury and Confectionery products for customers own brand, which can cover everything from additions to existing ranges to complete product lists which includes unusual products and those which reflect regional tastes.

 

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Crown Equipment

 

Crown Equipment Corporation designs, manufactures, distributes, services and supports material handling products that provide customers with superior value. Since its entry into the material handling equipment industry in 1956, Crown has distinguished itself from competitors with exceptional product designs and a unique business approach based on vertical integration. When it says Crown on the outside, it's a Crown on the inside. Crown designs and manufactures 85 percent of its lift truck components, including key parts like motors, drive units, and electronic modules.

 

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Managing work-related violence

 

You are required by law to carry out a risk assessment. The following pages have advice on how to do this and there is more information at: www.hse.gov.uk/risk. The risk assessment will help you find out whether violence is a problem for your staff and your business, and how you can improve the situation. It will help you devise a policy and procedures for dealing with violence, as part of a wider health and safety policy for your business.

Introduction

Are you doing enough to prevent and manage violence or anti-social behaviour in your workplace? This leaflet contains information and practical advice on how to assess and tackle the risk of violence to your staff.

The advice is based on what people who work in pubs, clubs and shops have told us about their experience of tackling violence where they work, including measures that have helped combat the problem.

More detailed information can be found in a toolkit on the HSE website at: www.hse.gov.uk/violence/toolkit/index.htm.

Why should you be concerned?

Impact on your staff

■ Physical injury

■ Work-related stress – which can have long-term effects on health

■ Fear and anxiety

■ Job dissatisfaction and poor performance

■ Lost staff time from injuries and stress

■ Higher staff turnover, leading to increased recruitment and training costs

■ Damage to the reputation of your business

■ Potential compensation claims by staff

What should you be doing?

You have a legal duty to protect the health, safety and welfare of your employees, under the Health and Safety at Work Act 1974. This duty includes all forms of work-related violence, which HSE defines as: ‘Any incident in which a person is abused, threatened or assaulted in circumstances relating to their work’. This means:

■ physical violence – including kicking, spitting, hitting or pushing, as well as more extreme violence with weapons;

■ verbal abuse – including shouting, swearing or insults, racial or sexual abuse;

■ threats and intimidation.

Tackling the risk of violence is the same as dealing with any other possible cause of harm in the workplace, such as slips and trips and lifting heavy loads.

Assessing the risks of work-related violence

Step 1: Identify the hazards

A hazard is something that can cause harm – in this case violence and aggression. There are a number of ways you can gather this information.

■ Ask your staff and safety representatives about their experiences and concerns.

■ Look back at your accident and ill-health records.

Read the information on HSE’s website, including the toolkit (www.hse.gov.uk/violence/toolkit/index.htm) and related case studies.

Licensed premises

The main causes of violence in pubs/clubs include:

■ disagreements between customers;

■ customers being drunk;

■ customers who have used illegal drugs.

Retail premises

The main causes of violence in shops include:

■ the unpredictable behaviour of shoplifters and drug users;

■ verbal abuse (this is more common than physical violence).

Step 2: Who might be harmed and how?

Work out whether and how violence, or the fear of violence, could affect workers or other people in your workplace.

Think about whether there are any special groups of workers who have different or additional risks, for example lone workers or trainees.

Who is at risk?

You need to identify which groups of people in your business could be harmed by physical assaults, threats, intimidation or verbal abuse. Think about all the individuals you have in your workplace at any time. This may include people who do not have regular shifts or work patterns, for example maintenance staff, security staff and other contractors. You should also consider customers, guests and members of the public.

Talk to people about situations where they feel threatened, as well as situations that might be risky, even if they do not cause concern at the moment.

Some groups of staff may be more at risk of experiencing work-related violence.

These include young workers, trainees, temporary workers, night/shift workers and lone workers. You may need to consider extra control measures for them.

■ Young workers and trainees may be more at risk because they have had less training on how to deal with angry customers, robbery and sexual harassment. They may also have more difficulty recognising dangerous situations through lack of experience.

■ Temporary workers may be more at risk because they may have received less training or information on work-related violence than permanent staff.

■ Night/shift workers, including late evening workers, can be at greater risk as more violent incidents occur at night time. Also, certain days of the week or certain times are more hazardous, for example opening and closing times or during delivery of goods. Key holders can feel particularly vulnerable.

■ Lone workers can be at greater risk as they do not have the support of colleagues who could deter potential attackers, or provide immediate help and support if there is a problem. Further information on lone working can be found on the HSE website at: www.hse.gov.uk/violence/loneworkcase.htm.

Step 3: Evaluate the risks and decide on precautions

Work out what you are already doing, whether your control measures are working properly and if there is anything else you need to do. This will help you decide whether you are doing enough.

It is also good practice to ask your staff for their ideas and feedback.

What are the risks?

The way that many licensed and retail businesses operate can increase the chances of violence occurring. For example:

■ handling large amounts of cash;

■ staff having face-to-face contact with customers;

■ being open in the evening or late at night;

■ dealing with customer complaints or disputes.

There are other factors that increase the risk of violence, but do not affect all businesses. For example:

■ You have lone workers or small numbers of staff.

■ You sell or guard high-value goods, including medicines, expensive merchandise or alcohol/tobacco.

■ You sell age-restricted goods, and may have to refuse to serve customers who are under age or without ID.

■ You may have to refuse to sell alcohol after licensing hours or to those who are intoxicated.

■ Your workers are under pressure because of exceptional workloads, inadequate stock or staff shortages. This may slow employee performance and can lead to delays, queues and customer impatience and hostility.

■ Your premises are in a high-crime area. Businesses with previous experience of robbery, assaults or threats are more at risk of repeat incidents.

What action can you take?

Decide whether you are doing enough to control the risk of violence:

■ Look at your existing controls to ensure they are working effectively and as intended.

■ Consult your staff about their ideas. Employees have practical experience and insight into their workplace and therefore are a good source of information and ideas. Involving your staff will also encourage them to adopt and own the arrangements you put in place. You should include your employees by getting them to:

- take part in developing procedures to minimise the risk of violence, including the provision of training;

- get involved in the evaluation of any control measures;

- share on-the-job experiences to help other employees recognise and respond to violence.

■ Compare your approach to current good practice, by checking possible control measures in the HSE toolkit: www.hse.gov.uk/violence/toolkit/index.htm.

Step 4: Record your findings and implement them When you have decided what you need to do to keep your staff safe, work out how you will put these actions in place. Who will be responsible for taking the actions and when? How will you share this information with staff?

If you employ five or more people, you will need to keep a record of your main findings. Your health and safety inspector may ask to see your risk assessment in order to review the control measures you have put in place.

Remember, it is action and not paperwork that protects people.

Step 5: Review your risk assessment and update if necessary

You should review your risk assessment regularly in case any of the risks have changed, or if there has been an incident.

You also need to review the effectiveness of any control measures in place by asking staff and monitoring incidents. This will ensure the measures are being used properly and are effective.

Reporting and recording incidents

You have a legal duty under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) to report certain incidents of physical violence. Incidents can be reported through the RIDDOR Incident Contact Centre (ICC) on 0845 300 9923.

You should also report serious incidents to the police by dialling 999 in an emergency, or contacting your local police station.

It is good practice to record all incidents in an incident book, including cases of verbal abuse, as this will help you to identify particular problems. It can also be useful for finding out if your control measures are effective, and will help you report persistent troublemakers.

 

Involve staff and be open to their suggestions. This will provide reassurance that you are fully supporting them. Further information Managing work-related violence in licensed and retail premises toolkit

www.hse.gov.uk/violence/toolkit/index.htm

RIDDOR Incident Contact Centre Tel: 0845 300 9923 (local rate)

www.hse.gov.uk/riddor Security Industry Authority Tel: 0844 892 1025

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Asbestos - The Hidden Killer

So now;s the time to get clued up on the facts, so that you, your workmates, your friends and family are protected

 

   www.hse.gov.uk/asbestos/hiddenkiller/index.htm

 

 

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Stobart Group pioneers lower carbon fresh fruit and vegetables with the arrival in the UK of the first fully refrigerated train service from Spain

The Stobart logistics group have started to import Spanish fresh produce by train.

The group notes that the rail service makes a number of milestones:

The pioneering rail service from Valencia to the Ford Dagenham railhead features a number of firsts in the industry and generates significant environmental savings over the normal route to market by road:

Key facts on the new Stobart Rail, Valencia to Dagenham Service:

Longest train journey in Europe by a single operator

· First fully refrigerated train service to go through Eurotunnel

· Reduction of 13.7 million kilometres of road journeys per year

· Reduction in CO2 emissions of 8,625 tonnes annually

· Faster journey time than by road with corresponding improvement in produce "shelf life"

· Each refrigerated container is monitored remotely by Stobart from "pack-house to customer" to ensure the temperature is precisely controlled and the produce arrives on time and in optimum condition

· For the first time retailers and consumers have a faster and lower carbon alternative for the import of "fruit and veg" from Spain

On the return journey to Spain the train will be full of pallets being carried for CHEP, ensuring there is not an empty journey.

The group is also investigating the opportunity to extend the train service from the current terminal in Dagenham

through the UK to our multi-modal terminal at Widnes

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National Minimum Wage Changes

From 1 October 2009 the new National Minimum Wage rates are:

* Workers aged 22 years and older £5.80 per hour

* Workers aged 18 -21 years £4.83 per hour, and

* All workers under 18 years who are no longer of compulsory school age, £3.57 per hour

HM Revenue & Customs are responsible for monitoring the National Minimum Wage. It is they who will fine you if you fail to pay the correct rates. Currently fines are 50% of the underpayment due to workers subject to a minimum £100 fine and maximum £5,000 fine.

From 1 October 2009 employers cannot use tips to make up wages to the National Minimum Wage, regardless of whether employees receive them through the payroll or in some other way.

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MHS Link newsletter

The MHS newsletter which aims to keep all Food Business Operators up to date with developments in the MHS including technical, operational and legislative matters. The newsletter is mailed quarterly to FBOs and to their industry representatives.

Link is a quarterly publication. Previous issues of Link can be found on the MHS page on the FSA website at:

www.food.gov.uk/foodindustry/meat/mhservice/mhspublications/mhsnewsfbo

 

 

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Safety Tips for Driving HGVs in Severe Weather - Free Printable Leaflet

This free printable leaflet explains the severe weather alert system for road users, and includes 13 tips for safer driving during severe weather for drivers of large or heavy vehicles.

Click here for your free guide

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Marks & Spencer Bring more job opportunities

 

Marks & Spencer are to create 450 new jobs, when their new store opens near Dublin Airport, in the Irish Republic. The Swords Pavilions complex is to have a huge extension, and Marks & Spencer will open a food and clothing outlet.

The new extension it is hoped, will be open in early 2014.

Marks & Spencer have 3,000 employees and 20 stores in the Republic. The Swords Pavilion at the moment have outlets including H&M, Mango, Champion Sports, Dunnes Stores, Sony Centre, Starbucks, TK Max, H Samuel, D2, Barratts and many more. The centre is open seven days and has parking for 2000 cars.

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Green Logistics Project

The Green Logistics Academic Project is making good progress and is developing a range of work modules with the objective of creating real business solutions to increase business efficiency and performance.

One such research area currently being developed is Alan McKinnon and his team at Heriot-Watt University.

This focussing on title details about this project can be found on the following link : click here

Alan is seeking the involvement of distribution companies to undertake company case studies to assess the costs, benefits and constraints - including process mapping of interface activities.

 

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REED BOARDALL MAINTAINS TECHNOLOGY LEAD WITH £100,000 COMPUTER UPGRADE

Reed Boardall Group, the UK's premier frozen food storage and distribution operation, is investing over £100,000 to maintain its industry lead in computer technology.

As the company prepares to handle more than 400,000 pallets in the run-up to Christmas, it has 'virtualised' all IT systems at its Boroughbridge distribution and storage centre, converting them to work in a virtual environment supported by new high specification servers and state-of-the-art optical fibre networks.

"The change is in line with our policy of continuous investment to keep our business at the cutting edge of cold storage and distribution technology," said group finance director Marcus Boardall.

Reed Boardall already uses real time voice-activated picking and real time trailer monitoring as well as live internet access for food manufacturing customers to control their stock.

"Our business is supplying the nation's supermarkets 24 hours a day, 365 days a year. It is vital that we are always ahead of the game with our technology. Virtualisation of our computer systems means that they would recover immediately from any disruption such as a hardware failure or worse. Before, it could have taken up to four hours to fix a fault and resume completely normal operation. We’ve effectively eliminated any potential downtime in our business."

Reed Boardall operates from a single site on the A1(M) at Boroughbridge. The 112,000-pallet cold store and vehicles operate 24/7 collecting frozen and chilled food from manufacturers, consolidating at Boroughbridge and delivering on to supermarkets, wholesalers and food service suppliers. The critical mass, infrastructure and a workforce of more than 600 people ensure that Reed Boardall is one of the UK’s most efficient operators for the continuous replenishment of frozen and chilled foods.

 

For more information visit www.reedboardall.com .

 

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Recent Economic Developments

                                                                                                                                                                                                             

 # The Bank of England's Monetary Policy Committee (MPC) voted to increase its Asset Purchase Programme (quantitative easing) by £25 billion to £200 billion. The CBI welcomed the decision, saying that the extension of the programme would provide an extra degree of support for business and consumer confidence.

# Industrial production fell by 0.8% in the third quarter - a somewhat faster contraction than the -0.4% seen in the three months to August - while manufacturing output fell by 0.1% over the same period. On a year ago, industrial production was down by 10.3%.

# The CIPS/Markit Purchasing Managers' Indices (PMIs) pointed to expanding activity in both the manufacturing and services sectors in October. For the manufacturing sector, this came about after two consecutive months of contraction, while the services sector saw its fastest rise in activity since August 2007.

# According to Halifax, house prices rose by 1.2% in October, a somewhat slower increase than the 1.5% rise seen in September. The annual rate of decline slower further, to -4.7%.

# The Bank of England reported mortgage approvals to be at their highest since March 2008, rising to 56,215 in September, however, they remain low by historical comparison.

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Sale through ‘pre-pack’ administration and transfer of employees under TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006)

Summary

The Court of Appeal’s judgment in Oakland v Wellswood (Yorkshire) Ltd is an important case which provides some limited guidance on continuity of employment issues following a pre-pack administration business sale. The Court of Appeal decided that the employee in this case could count the years he had worked for his former employer which had been bought in a “pre-pack” administration by his new employer, for the purposes of “continuity of employment.”

Unfortunately, the judgment did not deal with the question of whether all employees automatically transfer under regulation 4 and 8(7) of TUPE in such pre-pack administrations. On the other hand, there was a distinct hint from the Court of Appeal that they believe staff will transfer under those regulations, but they were unable to make a specific ruling on this issue. A test case is likely to clarify this matter within the next few months.

Facts

When Wellswood Limited (Oldco) became insolvent, it was the subject of a pre-pack administration and bought by Wellswood (Yorkshire) Ltd (Newco). Mr Oakland and some of his colleagues transferred from Oldco to Newco. Shortly before Mr Oakland had worked for one year with Newco, he was dismissed. Newco stated that regulation 8(7) of TUPE applied and the transferor’s employees did not automatically transfer to them from Oldco. This meant that the time Mr Oakland had spent with Oldco could not count as continuous service with Newco. This was important because under section 94 of the Employment Rights Act 1996 (ERA), no claim for unfair dismissal can successfully be brought against an employer unless the employee shows he had 12 months service with his employer.

The Employment Tribunal (ET) and the Employment Appeal Tribunal (EAT) agreed with Newco’s analysis of the TUPE regulations and decided that there was no transfer of the contract of employment of Oldco staff and the time worked with Oldco could not be counted for continuity of service purposes. Mr Oakland took his case to the Court of Appeal which stated that:

“…there are strong grounds for thinking that both the ET and the EAT took the wrong approach to….Regulation 8”.

The Court of Appeal ruled that under section 218 of ERA Mr Oakland’s period of employment with Oldco and Newco could be added together in order for him to bring his claim for unfair dismissal before the ET. Moses LJ of the Court of Appeal added that:

“…it would seem to me most unwise for us to give a binding pronouncement on the correctness or otherwise of the contention that administration necessarily excludes the application of regulation 8(7). I would only, for my part, wish to emphasise that that is a strongly arguable point.”

Comment

This judgment will make pre-pack administration business sales much less attractive to buyers. This is because it means that not all employee claims can be left behind with the old employer. Given the difficulties in finding buyers in the present economic climate, this is not welcome news for companies wishing to take over firms in administration expecting that no liabilities will transfer.

The question of whether, and in what circumstances, the buyer in a pre-packaged sale by a company in administration can avoid the automatic transfer of employees under TUPE will need to be determined in another test case. Meanwhile, the decision of the EAT on reg 8(7) remains good law. On the other hand, Moses LJ's comments that the EAT judgment may be wrong when he said it was "strongly arguable", suggests that leave to appeal in a future case should be easily obtained and it will then be open for the courts to decide that s.8(7) should be interpreted to allow employees to have their service with their old company, added to their service with their new company.

Until this test case is determined, the Court of Appeal's decision on section 218 of ERA 1996 means that they will at least have the comfort of knowing that there are other means of ensuring their time spent with their old company can sometimes be added together with the time they worked for their new company for the purposes of continuity of service and the one year rule in s.94 of the ERA.