Most resignations are unlikely to cause problems for employers because they are for reasons such as more money or a better job elsewhere. However, some employees may feel they are being forced to resign, which could amount to constructive dismissal and such resignations should be investigated.

Ask people to put their resignation in writing, indicating clearly when they intend to leave. Employees' contracts of employment wil require them to give you a specified period of notice. If they give less notice than the contract requires, it is generally not profitable to try to force them to work thier full notice or sue them for breach of contract and consequential damages. If the contract states that you can do so, you can deduct from any final pay due, a sum equivalant to the damages incurred as a result of the breach. However, before taking such action you would have to consider it carefully and take legal advice.

Finally, it is prudent to hold exit interviews for employees who have resigned. During this meeting you should discuss and make notes of the reason behind their decision to leave.

This is good management practice because it can pinpoint particular problems in the workplace, such as poor working relationships in a particular section, ineffective supervision or lack of training. Part of the reason, for the introduction of the Statutary Dispute Resolution Procedure on the 1st October 2004, was to make employees submit a grievance to the employer in the hope that the employer will resolve the grievance to the satisfaction of the employee so that they do not resign and claim contructive dismissal. If an employee does submit such a grievance and subsequently wins a Tribunal Claim it is likely that the awards would be reduced up to 50%. Also acceptance of the claim by the Tribunal will be refused for 28 days to allow time for the claimant to submit the grievance to the employer and for it to be dealt with. For employers this is probably the only good news in the dispute resolution legislation and the opportunity to sort the grievance should not be squandered. If such a situation should arise take legal advice immediatley - time will be running short!

Hyperthetical background: Two months ago we introduced a Architect to a client for a permanent position. At the time everything checked out OK with the candidate, but we have since heard that he has a drug and alcohol problem. What are our obligations to our client?

Obligation:

We are right to be very concerned with this problem. Whilst it is not clear what the 'drug and alcohol problem' constituted, in the absence of further information we must assume that this is information which may affect their suitability to undertake the work required.

Had we been supplying a temporary candidate to the client then we would have needed to immediately inform the client of the information we have received. This obligation applies even though the information we have received may be incorrect. We would also need to commence suitable enquires (and provide results to the client) to establish whether the candidate is suitable to continue in the position.

However as the candidate works for the client our obligations are different. As the candidate was introduced to the client less than 3 months ago we are obliged by law to inform the client of any information we receive that may suggest the candidate is unsuitable. It is a criminal offence not to inform the client of such information and failure to do so would expose us to financial liability (i.e. the client can sue us if they suffer loss as a result of our failure to provide them with the information). Our obligations to the client during this 3 month period effectively overthrow our confidentiality obligations to the candidate, as well as our more general obligations to not make defamatory statements.

After this 3 month period has expired our obligations change and we must not provide this information about the candidate to the client without the candidates consent. To provide such information after the 3 month period without the consent of the candidate would be a criminal offence and would also expose us to financial liability if the candidate suffered any loss (e.g. loss of wages as a result of being sacked).

Clearly this is a complex area of law where the various obligations in respect of candidate confidentiality, defamation, and the provision of information to a client all merge. Ensuring that you take the right steps at the right time can be very difficult, we as well as any client would be well advised to consult with their legal representitve as soon as possible..

Recruitment consultancies can take steps in advance to reduce their liabilities in such situations. Such steps include the use of appropriate contractual provisions. It is important to also have well considered procedures in place to deal with such problems before they arise. As always the facts of each case are important and if you are in any doubt as to the appropriate course of action, or if you wish to take preparatory steps to minimise your exposure to such liabilities, you should seek the advice of a specialist firm of solicitors.

Building Control has a long history going back many hundreds of years, first recorded in the time of King Herod who introduced a law which stated that

'should a man construct a building which falls down and kills another then this man should be slain '.

The first Building Control legislation within England dates back to the aftermath of the 'Great Fire' of London in 1666 when fire had spread rapidly between buildings. Shortly afterwards in 1667 the London Building Act was introduced which sought to achieve some degree of fire resistance in buildings.

As towns expanded as a result of the Industrial Revolution they faced similar problems and over the next 150 years many towns and cities introduced their own controls. Over this period the scope of the legislation increased addressing other issues such as party wall construction, drainage and sanitary matters. With so many local Acts in force, the standards varied greatly in different towns and cities throughout the country and this led to the legislation becoming confusing and out of step throughout the country.

In 1875, the Public Health Act was introduced to bring a degree of consistency. This required urban authorities to make byelaws for new streets, with regard to the structure of buildings, to ensure stability and prevent fires, and in respect of health matters to provide for the drainage of buildings and the provision of air space around buildings. The Local Government Board in response issued the first model byelaws for new streets and buildings as a guide for urban authorities making their own byelaws. These byelaws were further extended in 1905 to cover the whole of the country.

A new concept of building legislation was developed with the introduction of the Public Health Act 1936. A single model series of controls regarding the construction and condition of buildings was introduced, together with the use of British Standards to indicate satisfactory compliance. This was a major step forward towards the legislation we have today unfortunately, as with all previous byelaws, these were only adoptive and not mandatory. Many local authorities still had their own local byelaws in force, which again led to varying standards in different parts of the country.

The above unsatisfactory situation eventually led to the introduction in 1966 of the first national (England & Wales) Building Regulations. For the first time the requirements they contained were mandatory and therefore local authorities had no choice but to enforce them.

Up until 1980 the cost of providing the Building Control Service was met wholly by the ratepayers. The government of the time considered this to be unfair and introduced the payment of fees by the applicants.

In 1984 the Building Act came into force and consolidated a number of acts that were applicable to Building Control. The Building Regulations 1985 introduced the concept of Approved Documents, which gave greater flexibility in the design of buildings.

The Building Regulations continue to be reissued and revised. Current regulations include measures of addressing more recent issues such as energy conservation and improved access and facilities for people with disabilities.

Successfully recruiting for your company is a challenge no matter where you are located or what you do. The need for employees with the right mix of skills, experience and cultural compatibility is critical employees who can successfully guide your business in a rapidly changing economy. In this environment, the free and effective movement of management and technical talent is vital to allow companies to take full advantage of a pool of well-educated, highly skilled employees. To help them build the talented capital they need, many companies now turn to retained search companies.

Simply put, retained search is a means of finding the high-calibre employee in local, regional or even international markets. Elite Selection Services act solely on behalf of you, our Client.

Do not make the mistake of employing the first candidate to drop in - let us at Elite Selection Services do the filtering for you.

Discrimination - gender reassignment The Gender Recognition Act 2004 will come into force on 4 April 2005, under which transsexuals are given the right to have their acquired gender legally recognised. The Act amends the Sex Discrimination Act 1975 to provide that the genuine occupational qualification defences will no longer be available to an employer in respect of persons who have obtained legal recognition of their acquired gender. Guidance for employer, Gender reassignment - A Guide for Employers, has been published by the DTI which explains how the new law works.

Age discrimination and contractual retirement age New proposals unveiled by the Government regarding its implementation in October 2006 of regulations tackling age discrimination include the following key conclusions:

• there should be a default retirement age of 65 but employees will have the right to request to continue working beyond that age, which employers will be under a duty to consider. This will have no impact on the age at which individuals can collect their State pension;
• employers will be able to impose an earlier retirement age if they can objectively justify it by demonstrating that it is appropriate and necessary; and
• the Government will closely monitor the appropriateness of retaining a compulsory retirement age, which will be subject to review in five years from implementation.

There will be an increase in the following rates from April 2005:

• Statutory Maternity, Paternity and Adoption Pay : - The rate increased from £102.80 to £106.00 per week on the 3 April 2005. The lower earnings limit, below which Statutory Maternity Pay is NOT payable will also increase from £79 to £82 per week.
• Statutory Sick Pay: The rate will increase from £66.15 to £68.20 per week on the 6 April 2005.

Pre-Budget implications - food for thought

In his pre-Budget statement at the end of last year, the Chancellor announced some important proposals that would impact on certain family friendly rights. The main points are detailed below:

Extension to the period of paid maternity leave from six months to nine months from April 2007. This is the first step in the Government's goal of 12 months paid maternity leave by the end of the next Parliament (in 2010).

Legislation will be brought in by the end of the next Parliament to give mothers the right to transfer a proportion of their paid maternity leave entitlement to the child's father.

Consultation will take place with employers, unions and other stakeholders on extending the right to request flexible working to the parents of older children and the carers of sick and disabled relatives.

An extension of support for employer-supported chidlcare is planned. From April this year, the £50 a week tax-free limit for childcare vouchers will apply to the face value of these vouchers. Associated administration and service charges on top of this will also be exempt from tax and National Insurance contributions (NICs).