matt Brachmanski

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Viewing 15 posts - 1 through 15 (of 61 total)
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  • in reply to: Business (General) #2358
    matt Brachmanski
    Participant

    Tax changes set to reduce contractor pay by £7,500 in 2020.

    Tax changes forced on self-employed people working in the public sector from 2017 are now set to reduce the take-home pay of 170,000 contractors working for private sector clients.

    Self-employed advice site ContractorCalculator estimates the tax increase to be as much as £7,500 for a contractor making £100,000 a year.

    Read more about this here: https://www.simplybusiness.co.uk/knowledge/articles/2019/07/tax-changes-signal-self-employed-pay-cut-for-2020/?ref_id=enews_signup&utm_source=email&utm_medium=newsletter&utm_campaign=aug2019profrfqns

    in reply to: Legal, Statutory and Regulatory Requirements #2357
    matt Brachmanski
    Participant

    Tax changes set to reduce contractor pay by £7,500 in 2020.

    Tax changes forced on self-employed people working in the public sector from 2017 are now set to reduce the take-home pay of 170,000 contractors working for private sector clients.

    Self-employed advice site ContractorCalculator estimates the tax increase to be as much as £7,500 for a contractor making £100,000 a year.

    Read more about this here: https://www.simplybusiness.co.uk/knowledge/articles/2019/07/tax-changes-signal-self-employed-pay-cut-for-2020/?ref_id=enews_signup&utm_source=email&utm_medium=newsletter&utm_campaign=aug2019profrfqns

    in reply to: ISO 9001:2015 #2339
    matt Brachmanski
    Participant

    WHAT YOU NEED TO KNOW ABOUT OUTSOURCED PROCESSES

    When preparing a management system and identifying the context of the organisation and scope of the management system, you need to be aware of what should be included and what shouldn’t within the scope.

    The ISO 9001 Quality standard allows for non-applicable areas of the standard to be removed and therefore not included within the audit. You have to justify these non-applicable areas which means that you can’t exclude something you do and likewise you can’t include something you don’t. If something is within the scope then we need to be able to assess that area during the audit so be careful not to include future plans.

    The most common failure with organizations when identifying their scope is claims that areas of the management system which they do not perform in-house can be excluded, this is not the case! These are known as ‘outsourced processes’ and cannot be excluded from the management system, you are ultimately responsible for these areas whether you perform them internally or they are contracted out.

    The two main areas which organizations try to claim are not applicable are design and special processes.

    Design and Development

    If your organization is selling anything which has been designed either by internal staff or you have engaged the services of an outside contractor then you must have this included within your scope, you also need to be able to demonstrate control over this function. You will be audited to the design clauses of the standard so you need to ensure you have appropriate records regardless of who the task is performed by.

    Tooling can be a confusing part of design for some organizations, they assume that tooling design is not included in the system as you are not designing a product. You are designing a product, the product is the tool not an end component. The exception to this would be if the tooling is to be used for internal purposes only and is not a sellable item, this can usually be some jigs and fixtures. Always ask yourself who owns the tool, can the customer take the tool and go elsewhere? Has the customer paid for the tool? In these cases design must be included within your management system.

    Special Processes
    Special processes are processes which cannot be measured 100% to ensure they meet requirements. These are commonly painting, anodising, heat treatment, welding etc. You need to control these processes to ensure consistency of the end results. A lot of organizations will not perform these in-house and will contract these out to specialist third parties. Its important to note that you still have to include these within your management system as you are responsible for them.

    In order to maintain responsibility ensure that you receive sufficient documentation from the supplier of these processes to ensure that they meet requirements. For example, what records do you retain to demonstrate that the hardness of the metal has been achieved? The paint thickness is correct? Etc.

    Conclusion

    Just because something is outsourced, doesn’t mean you are not responsible for it and don’t need to include it within your management system. Ensure that you meet the requirements of the relevant outsourced processes and can demonstrate to an auditor that you have sufficient control and evidence to satisfy the requirements of the standard.

    in reply to: Legal, Statutory and Regulatory Requirements #2338
    matt Brachmanski
    Participant

    REGULATION (EU) 2019/533 – RESIDUE LEVELS OF PESTICIDES

    Comes into force: 1st January 2020
    Jurisdiction: EU

    Regulation (EU) 2019/533 concerning a coordinated multiannual control programme of the Union for 2020, 2021 and 2022 to ensure compliance with maximum residue levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin.

    These Regulations lay down rules for members of the European Union throughout the years 2020, 2021 and 2022, relating to testing the levels of pesticide residues on food and feed of plant and animal origin.

    Members of the European Union (EU) are required to take samples from food of plant and animal origin, and analyse these samples for pesticide residue levels throughout the years 2020, 2021 and 2022. This is part of a multiannual control programme which has been taking place since 2009.

    In order to avoid confusion due to an overlap between consecutive multiannual programmes, the previous programme, Regulation (EU) No. 2018/555, will no longer be operable from 1st January 2020. However, for samples tested under the 2018 Regulations will continue to apply until 1st September 2020.

    There are no duties for organisations.

    in reply to: Legal, Statutory and Regulatory Requirements #2337
    matt Brachmanski
    Participant

    EUROPEAN COMMUNITIES (CARRIAGE OF DANGEROUS GOODS BY ROAD AND USE OF TRANSPORTABLE PRESSURE EQUIPMENT) REGULATIONS 2019

    Directive 2008/68/EC on the inland transport of dangerous goods and ADR are updated periodically. These Amendment Regulations make minor amendments to the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 (which implement Directive 2008/68/EC and ADR) to update references and align the 2011 Regulations with the most up to date version of ADR.

    The Regulations give effect to the changes to the ADR agreement that came into force on 1st January 2019.

    in reply to: Legal, Statutory and Regulatory Requirements #2336
    matt Brachmanski
    Participant

    THE SMART EXPORT GUARANTEE ORDER 2019 (SI 2019/1005)

    Comes into force: Articles 2 and 5 come into force on 1st October 2019. Remainder of this Order comes into force on 1st January 2020.
    Jurisdiction: England, Scotland, Wales

    This Order introduces the Smart Export Guarantee (SEG) which instructs large electricity suppliers to pay generators of small-scale low-carbon electricity, when they export it to the grid. This is to support the renewable energy industry.

    It partially replaces the Feed-In Tariffs (FIT) scheme, which ended in March 2019.

    Duties
    Electricity suppliers
    Electricity suppliers with more than 150,000 domestic customers are required to offer a price for the surplus electricity supplied to the grid by low-carbon electricity generators. The price is set at above 0 pence per kWh, provided that the amount exported is metered and registered for settlement. A set price is not prescribed.

    Remuneration applies to low-carbon generators with a maximum capacity of 5 megawatts (MW) of total installed capacity.

    in reply to: Legal, Statutory and Regulatory Requirements #2335
    matt Brachmanski
    Participant

    SAFETY, HEALTH AND WELFARE AT WORK ACT 2005 (AGREEMENT TO RECOGNISE) ORDER 2019

    Came into force: 30th April 2019
    Jurisdiction: ROI

    This Order enables the Health and Safety Authority to enter into agreements with other persons or organisations (inside or outside the Republic of Ireland) involved in health and safety at work, in relation to recognition of matters connected with the functions of the Authority. This does not affect any duties for employers.

    in reply to: Legal, Statutory and Regulatory Requirements #2334
    matt Brachmanski
    Participant

    SAFETY, HEALTH AND WELFARE AT WORK (CONSTRUCTION) REGULATIONS 2019

    Came into force: 5th April 2019
    Jurisdiction: ROI

    These Regulations amend the Safety, Health and Welfare at Work (Construction) Regulations 2013. They facilitate the recognition by SOLAS* of equivalent registration cards to ‘Safe Pass’* and construction skills certification schemes from non-European Union (EU) states as compliant with the provisions of the 2013 Regulations.

    SOLAS is now responsible for the issue of valid construction skills registration cards and the maintenance of the register of cards issued. This was previously done by FAS (Ireland’s National Training Authority) who have now been dissolved.

    Schedule 4, which relates to the Safety Awareness Scheme, is amended to reflect changes to that scheme. A valid safety awareness registration card is one of the following:

    A SOLAS Safe Pass Registration Card issued after completion of a SOLAS Safe Pass training programme;

    A registration card with a photographic identification issued by an approved body;

    A registration card issued in association with a scheme in the EU which has been SOLAS approved or;

    A card in a non-EU state which SOLAS has approved.

    Schedule 5, which relates to the Construction Skills Certification Scheme, is amended to reflect changes to the process for issuing a construction skills registration card. SOLAS shall issue a construction skills registration card to an applicable person who has been awarded one of the following:

    An award from Quality and Qualifications Ireland (QQI);

    An award from another body in a SOLAS recognised state equivalent to an award from QQI;

    An award approved by a body in the EU, recognised by SOLAS; or

    An award approved by a body from a non-EU state, recognised by SOLAS.

    in reply to: Legal, Statutory and Regulatory Requirements #2333
    matt Brachmanski
    Participant

    REGULATION (EU) 2019/50 AMENDING ANNEXES II, III, IV AND V TO REGULATION (EC) NO 396/2005

    Came into force: 1st January 2019
    Jurisdiction: EU

    Regulation (EU) 2019/50 amending Annexes II, III, IV and V to Regulation (EC) No 396/2005 as regards maximum residue levels for chlorantraniliprole, clomazone, cyclaniliprole, fenazaquin, fenpicoxamid, fluoxastrobin, lambda-cyhalothrin, mepiquat, onion oil, thiacloprid and valifenalate in or on certain products

    The maximum residue levels (MRLs) for clomazone, fluxastrobin, lambda-cyhalothrin, mepiquat and thiacloprid are updated in Annex II (Pesticide residues and maximum residue levels (mg/kg))

    A new default MRL for fenpicoxamid, is set at a limit of determination (LOD) and the relevant LODs are now listed in a new column inserted into Annex II.

    The MRLs for chlorantraniliprole, fenazaquin and valifenalate are updated in Part A of Annex III (Pesticide residues and maximum residue levels (mg/kg))

    A new default MRL for onion oil, is set at a LOD and the relevant LODs are now inserted and listed into Annex IV (Pesticide residues and maximum residue levels (mg/kg))

    A new default MRL for cyclaniliprole, is set at a LOD and the relevant LODs are now inserted and listed in a new column inserted into Annex V (Pesticide residues and maximum residue levels (mg/kg)).

    in reply to: ISO 14001:2015 #2332
    matt Brachmanski
    Participant
    in reply to: Business (General) #2330
    matt Brachmanski
    Participant

    We explore the different types of overtime and answer some of the most common questions about employees working additional hours below.

    There are three forms of overtime:

    Voluntary overtime
    Compulsory and guaranteed overtime
    Compulsory but not guaranteed overtime

    Voluntary overtime
    Voluntary overtime occurs in the absence of a contractual agreement for the employer to offer overtime or for the employee to accept it. On this basis, where business needs require an employee to work overtime, or where the employee wishes to work additional hours, this will need to be agreed by both parties.

    Compulsory and guaranteed overtime
    Compulsory and guaranteed overtime occurs when the employer is contractually obliged to offer overtime of which the employee is required to accept. This arrangement may be expressed in a contract of employment, where there are guaranteed times that the employer is aware of that will require higher staffing levels.

    Compulsory but not guaranteed overtime
    Finally, compulsory but not guaranteed overtime occurs where the employer requires an employee to accept overtime on an ad-hoc basis. The employer is not obliged to provide overtime, but the employee is required to accept it where this is expressed in the contract of employment.

    Employers will need to be aware of the restrictions under the Working Time Regulations, in particular in relation to maximum weekly working hours for employees that have not ‘opted out’ of the Working Time Regulations and also in relation to minimum rest periods. Also, even if all of the above considerations are met and adhered to, employers have a duty of care for the psychological and physical health and safety of their employees. Where there is a suspected or reported concern for the employees’ health and safety, this will need to be considered.

    What can I do if an employee refuses to work overtime?
    Any action taken will depend on the type of overtime arrangement set out in the contract of employment if there is one. Voluntary overtime will not be able to be enforced by employers. However, compulsory guaranteed and non-guaranteed overtime that isn’t adhered to may result in the employer taking disciplinary action against the employee – subject to investigation as to the reasons for the refusal.

    Should employees be paid for overtime?
    There is no statutory right to be paid for overtime. However, especially for voluntary overtime, employers may wish to offer an enhanced rate of pay as an incentive. Employers that do not provide additional pay for overtime should clearly detail this in the contract of employment and should ensure that employee pay does not fall below NMW for their pay reference period.

    Practical Considerations:
    Forcing employees to work overtime against their will, even if the employer is entitled to, is likely to create resentment between the employee and the employer.

    Where possible, the requirement for overtime should be communicated to the employee to reduce mistrust and bad feeling.
    Clear policies and contracts can help all employees to fully understand their obligations so there are no surprises further down the line.
    Recognition and appreciation can be strong motivators and can help encourage a culture of willingness to ‘chip in’ when needed. A simple thank you, even for compulsory overtime can go a long way.

    in reply to: Legal, Statutory and Regulatory Requirements #2329
    matt Brachmanski
    Participant

    We explore the different types of overtime and answer some of the most common questions about employees working additional hours below.

    There are three forms of overtime:

    Voluntary overtime
    Compulsory and guaranteed overtime
    Compulsory but not guaranteed overtime
    Voluntary overtime
    Voluntary overtime occurs in the absence of a contractual agreement for the employer to offer overtime or for the employee to accept it. On this basis, where business needs require an employee to work overtime, or where the employee wishes to work additional hours, this will need to be agreed by both parties.

    Compulsory and guaranteed overtime
    Compulsory and guaranteed overtime occurs when the employer is contractually obliged to offer overtime of which the employee is required to accept. This arrangement may be expressed in a contract of employment, where there are guaranteed times that the employer is aware of that will require higher staffing levels.

    Compulsory but not guaranteed overtime
    Finally, compulsory but not guaranteed overtime occurs where the employer requires an employee to accept overtime on an ad-hoc basis. The employer is not obliged to provide overtime, but the employee is required to accept it where this is expressed in the contract of employment.

    Employers will need to be aware of the restrictions under the Working Time Regulations, in particular in relation to maximum weekly working hours for employees that have not ‘opted out’ of the Working Time Regulations and also in relation to minimum rest periods. Also, even if all of the above considerations are met and adhered to, employers have a duty of care for the psychological and physical health and safety of their employees. Where there is a suspected or reported concern for the employees’ health and safety, this will need to be considered.

    What can I do if an employee refuses to work overtime?
    Any action taken will depend on the type of overtime arrangement set out in the contract of employment if there is one. Voluntary overtime will not be able to be enforced by employers. However, compulsory guaranteed and non-guaranteed overtime that isn’t adhered to may result in the employer taking disciplinary action against the employee – subject to investigation as to the reasons for the refusal.

    Should employees be paid for overtime?
    There is no statutory right to be paid for overtime. However, especially for voluntary overtime, employers may wish to offer an enhanced rate of pay as an incentive. Employers that do not provide additional pay for overtime should clearly detail this in the contract of employment and should ensure that employee pay does not fall below NMW for their pay reference period.

    Practical Considerations:
    Forcing employees to work overtime against their will, even if the employer is entitled to, is likely to create resentment between the employee and the employer.

    Where possible, the requirement for overtime should be communicated to the employee to reduce mistrust and bad feeling.
    Clear policies and contracts can help all employees to fully understand their obligations so there are no surprises further down the line.
    Recognition and appreciation can be strong motivators and can help encourage a culture of willingness to ‘chip in’ when needed. A simple thank you, even for compulsory overtime can go a long way.

    in reply to: Business (General) #2317
    matt Brachmanski
    Participant

    New report says this is the most important contributing factor to financial wellbeing in later life – read more here: https://www.simplybusiness.co.uk/knowledge/articles/2019/06/property-for-retirement-planning/?ref_id=enews_signup&utm_source=email&utm_medium=newsletter&utm_campaign=july2019profrfqns

    in reply to: Business (General) #2316
    matt Brachmanski
    Participant

    2019 loan charge: new survey shows 58% of people think it’s “never fair to enforce taxes retrospectively” – Read more here: https://www.simplybusiness.co.uk/knowledge/articles/2019/06/new-2019-loan-charge-survey/?ref_id=enews_signup&utm_source=email&utm_medium=newsletter&utm_campaign=july2019profrfqns

    in reply to: SIA ACS #2305
    matt Brachmanski
    Participant

    Events and subcontracting guidance

    With the event season entering a busy period, we want to remind you of your responsibilities when using subcontractors or labour providers when delivering security industry services.

    We are aware that some security businesses will make use of labour providers to meet operational demands.

    An SIA approved contractor or security business may have several income streams. Some may fall outside of the scope of the SIA and the ACS. The provision and supply of labour may be one and therefore there is no guarantee that the individual(s) supplied meet the requirements of the ACS.

    Approved contractors need to be confident that the individuals deployed are who they say they are, and are fit and proper, hold a valid licence and are legitimate irrespective of whether they have been sourced from another approved contractor.

    Please ensure you follow HMRC guidance regarding due diligence record keeping for the use of labour providers.

    Details on due diligence for the use of labour providers can be found on the HMRC website

Viewing 15 posts - 1 through 15 (of 61 total)