The 2018 United Kingdom local elections are scheduled to be held on Thursday 3 May 2018.

Thresa May is under a lot of pressure as the Tory Party could lose three flagship Boroughs according to the opinion polls. 

Have you registered to vote? 

Image: Theresa May Courtesy of the Evening Standard.

Local elections will be held within England, with elections to all 32 London boroughs 34 metropolitan boroughs, 68 district/borough councils and 17 unitary authorities. There will also be direct elections for the Mayoralties of Hackney, Lewisham, Newham, Tower Hamlets and Watford.

An employee of a skip firm has been sentenced after causing serious injury to a pedestrian.

Southwark Crown Court was shown CCTV footage of the incident which took place on 2 August 2017. The footage showed Mr Daividas Rupeika driving into another excavator at the site in Wimbledon, South West London. He then proceeded to reverse the excavator at speed, resulting in a pedestrian being crushed against a shed wall and sustaining serious injuries.

An investigation by the Health and Safety Executive (HSE) into the incident found that Mr Rupeika had not complied with his duty to take reasonable care for himself and others whilst operating the excavator.

Mr Daividas Rupeika of Thompson Crescent, Croydon pleaded not guilty to two charges of breaching Section 7(a) of the Health and Safety at Work Act 1974. One charge related to him deliberately driving his excavator into another which was being driven by a workmate and the second charge related to him driving too fast in the circumstances.

A jury found Mr Rupeika guilty of both counts after a five-day trial. On 16 February 2018 he was sentenced to six months in custody suspended for two years and was ordered to undertake 40 hours of unpaid work. He was also ordered to pay costs of £500 and a victim surcharge of £115.

Speaking after the case HSE inspector Sarah Pearce said: “Employees should take care of themselves and others whilst at work. 23% of those fatally injured at work in the waste industry were struck by a moving vehicle. This incident could so easily have had more severe consequences for all involved. Employees should be aware of the dangers and potential consequences of operating plant in an unsafe manner.”

The 11th National Apprenticeship Week 2018 (5 To 9 March) comes to an end today. 

During the week employers and apprentices from across England have come together to celebrate the success of apprenticeships whilst encouraging even more people to choose apprenticeships as a pathway to a great career.

You can find these videos posted throughout the week on the Coventry Council's YouTube channel.

An apprenticeship is a great way to build skills, Coventry Councils videos should give you an idea of the benefits.   

The number of disability benefit tests being overturned on appeal has reached a record high according to information received by the ABC. New data from the DWP shows that the majority of ESA fit for work decisions that are appealed are overturned. 38% of fit for work decisions are upheld, and 62% overturned.

Official figures reveal 68% of all people who ask a tribunal for Personal Independence Payments (PIP) now win their case - 14,188 victories in the most recent three months before Christmas.

The demand for appeals for PIP and other benefits, mainly sickness payment ESA, is now so great that tribunal officials are battling a backlog.

ABC Note: Article 6 of the Human Rights Act 1998 says:  1 In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. It is difficult to see how justice can be delivered in a timely manner if Tribunals are swamped with a backlog of cases, many where both the DWP and the Claimant know the Claimant is going to win.  

ABC Comment: At the ABC we feel that claimants who win tribunal should be entitled to interest on the money not paid to them. We need a way to discourage the DWP from depriving claimants from receiving money that should be paid to them, where if the DWP loses, they suffer no real penalty. If you go to a Tribunal or a Court and lose, you are meant to lose, not be better off having dragged out a matter hanging onto a claimant’s money. The DWP can put this money that they should have paid to a claimant on deposit and thus earn interest. That is just not fair. 

Wednesday, 7th March 2018: Employment Affairs & Social Protection Minister, Regina Doherty T.D., and Minister of State with special responsibility for disabilities, Finian McGrath T.D., today launched an extensive consultation on how the Department of Employment Affairs and Social Protection supports people with disabilities to obtain and retain employment.

The purpose of the consultation is to engage with people with disabilities, parents of children and young adults with disabilities, and sectoral representatives, on proposals relating to early engagement with people with disabilities, in line with recommendations 9a and b, and 10, of the Make Work Pay report.

The Make Work Pay report, published in April 2017, was compiled following a commitment in the Comprehensive Employment Strategy to better identify how people with disabilities could take up work. The report's recommendations included how the Disability Allowance payments and other schemes should be reconfigured for new entrants aged 18 and over to ensure that their work ambitions could be explored systematically at an early age ('the principle of early engagement').

Specifically, the report recommended:

* Reconfigure the Disability Allowance scheme for new entrants to give effect to the principle of early intervention, as follows:

* Support for 16-18 year olds with significant support needs, which is currently paid by means of Disability Allowance, to be paid via Domiciliary Care Allowance up to 18 years of age

* Explore possibilities for the reform of the structure of the Disability Allowance for those between the ages of 18-22, to focus on participation in education, training and/or social inclusion according to individual capacity.

* Apply the principle of early intervention across all illness and disability schemes, adapting existing schemes where necessary to give effect to this principle.

Following the publication of the report, the then-Minister for Social Protection An Taoiseach Leo Varadkar T.D. indicated that the Government wanted to consult with people with disabilities and their families in relation to some of its recommendations.

Speaking at the launch Minister Doherty said: "People with disabilities are still only half as likely to be in employment as others of working age. Census 2016 figures show that the employment rate for people with disabilities of working age is 37%, compared to a rate of 73% for people of working age without a disability.

"From the outset, young people with disabilities are likely to start out with lower employment rates. While people with disabilities in their late-20s and early-30s do take up work in significant numbers, employment rates are considerably lower than their non-disabled peers. The gap widens with age; people with disabilities are more likely to drop out of employment sooner than their counterparts. 

"Bringing people with disabilities into employment has huge benefits for everyone involved. It is an opportunity to tap into the substantial talent pool available within the cohort of people with disabilities. There are many positive effects from having a more diverse and cohesive work force."

Welcoming the consultation process, Minister McGrath said: "One of the main issues that we would like to get a response on is the principle of 'early engagement'. This means that the State will offer people, especially young people with disabilities, supports such as education, training, and social inclusion opportunities at an early stage, to help them achieve their employment goals.

"Aligned with this is a proposal to change the age at which Domiciliary Care Allowance ends and Disability Allowance starts. Given the sensitive nature of the proposal, it is right to consult with the parents who are paid the Domiciliary Care Allowance for their children.

"As these recommendations may affect you and your family, it is important that we hear your views on them. I would like to reassure people that if you participate that your answers will not affect your current or future social welfare claims. Therefore, I strongly encourage you to participate fully in the consultation process and to make your voices and the voices of those you represent heard."

Today's launch was held in Richmond Barracks, Inchicore, where the café, is a social enterprise run by WALK (Walkinstown Association for People with an Intellectual Disability), that supports and trains people who have disabilities for other employment. Both Ministers Doherty and McGrath visited the café and met some of the employees of this social enterprise.

ACAS the employment arbitration service are working hard to get employers to be aware of the new National Minimum Wages levels.

The National Minimum Wage (NMW) is the minimum pay per hour most workers under the age of 25 are entitled to by law.

The government's National Living Wage (NLW) is the minimum pay per hour most workers aged 25 and over are entitled to by law.

The rate will depend on a worker's age and if they are an apprentice.

HMRC (HM Revenue & Customs) can take employers to court for not paying the NMW/NLW.

• Current rates
• Changes to the rates
• Exemptions to the rates
• Apprentices
• Agricultural Workers
• Family members
• Non-payment of the NMW or NLW
• The difference between the National Living Wage and the Living Wage

Current rates

• £7.50 per hour for ages 25 and over.
• £7.05 per hour for ages 21 to 24.
• £5.60 per hour for ages 18 to 20.
• £4.05 per hour for school leaving age to 17.

Changes to the rates

A new rate will apply to the next pay reference period that begins on or after the date:

• a rate increase begins
• an employee reaches a new age bracket.

For example: an employee paid on the 20^th of each month will start to receive the new rate of minimum wage from 21 April onwards.

These rates are reviewed annually by the Low Pay Commission.

If a worker receives above NMW there is no legal obligation on an employer to increase their pay when the NMW rate increases.

Exemptions to the rates

There are a number of people who are not entitled to the NMW or NLW.

The NMW and NLW do not apply to:

• self-employed people
• volunteers or voluntary workers
• company directors
• members of the armed forces
• family members, or people who live in the family home of the employer who undertake household tasks
• work experience students, depending on the length of their placement.

All other workers including pieceworkers, home workers, agency workers, commission workers, part-time workers and casual workers must receive at least the NMW or NLW.

Some people may need to have adjustments made to their NMW if they live in accommodation which is linked to their employment or owned by their employer. For further information, go to www.gov.uk/national-minimum-wage-accommodation.

Apprentices

The apprenticeship rate only applies to apprencties aged:

• under 19
• 19 or over who are in the first year of their apprenticeship.

Apprentices aged 19 or over in their second year of apprenticeship must receive the national minimum wage or national living wage rate their age entitles them to.

Agricultural Workers

Agricultural and horticultural workers in England employed after 1st October 2013 must be paid the appropriate NMW or NLW rate (see above).

If they were already employed before 1 October 2013, they will still be entitled to the same terms and conditions set under their contract of employment. This can include overtime rates, agricultural wages, sick pay or dog allowance. DEFRA will continue to handle complaints about non-payment or non-compliance for up to six years after the breach occurred.

Agricultural and horticultural workers in Scotland must be paid the highest rate that applies to them from the Agricultural Minimum Wage, the NMW or the NLW.

Agricultural and horticultural workers in Wales must be paid the highest rate that applies to them from the Agricultural Minimum Wage, the NMW or the NLW.

Family members

A worker is not eligible for the NMW or the NLW if they are a member of the employer's family and:

• resides in the family home of the employer
• shares in the tasks and activities of the family.

A worker is not eligible for the NMW or the NLW if they reside in the family home of the employer and:

• is not a member of that family, but is treated as such in regards to the provision of living accommodation, meals and the sharing of tasks and leisure activities
• is not liable to any deductions and does not make any payment to the employer, or any other person in respect to the provision of the living accommodation or meals
• if the work had been done by a member of the employer's family, it would not have been treated as work.

Non-payment of the NMW or NLW

It is against the law for employers to pay workers less than the NMW or NLW, or to falsify payment records.

If an employer doesn't pay the correct rate, a worker should talk to their employer and try to resolve the issue informally first. If an informal approach does not work an employee has the option of raising a formal written complaint (also known as a grievance).

If the situation cannot be resolved internally a worker could choose to make a complaint to an Employment Tribunal. For most tribunal claims there is a three-month time limit a claim to be submitted. However this time limit does pause if Early Conciliation is taking place. For more information, go to Employment tribunals.

Alternatively, a worker can make a complaint to HMRC who will investigate. This can be done anonymously if the worker wishes. If HMRC find that an employer hasn't paid at least the NMW, they can send a notice of arrears plus a penalty for not paying the correct rate of pay to the worker.

The maximum fine for non-payment will be £20,000 per worker. However, employers who fail to pay will be banned from being a company director for up to 15 years.

A worker can either pursue the issue through the Employment Tribunal or a complaint to HMRC. They cannot do both.

The difference between the National Living Wage and the Living Wage

The government's NLW is different from the Living Wage, which is an hourly rate of pay and updated annually.

The Living Wage is set independently by the Living Wage Foundation and is calculated according to the basic cost of living in the UK. Employers choose to pay the Living Wage on a voluntary basis.

Women and Equalities Committee

Wednesday 7 March 2018 Meeting starts at 10.15am

AGENDA

Subject: Work of the Government Equalities Office

Witnesses: Rt Hon Amber Rudd MP, Minister for Women and Equalities, and Hilary Spencer, Director, Government Equalities Office.

The Department for Communities (DfC) is reminding customers who receive help with their mortgage costs through ‘Support for Mortgage Interest’ to take action before the start of April when the benefit will end and will instead be offered as a loan.

Support for Mortgage Interest (SMI) helps claimants on income based benefits by paying towards the interest on their mortgage and/or home improvement loan. The qualifying benefits are Pension Credit, Universal Credit, Income Support, income-based Jobseeker’s Allowance and income-related Employment and Support Allowance. 

SMI is changing from a benefit to a loan on 6 April 2018 for all existing and new claimants who are entitled to help with housing costs.

The Department has written to around 9,000 affected claimants advising them of the change and what options are available to them. Around 70% of claimants have already responded.

It is important that affected claimants decide how they are going to continue paying the interest on the mortgage or home improvement loan before payments cease on 5 April 2018.

SMI loans will be paid by the Department in the same way as the SMI benefit is now. If claimants decide to accept the offer of a loan, it does not require credit checks and will only be repayable with interest when the property is sold or ownership is transferred. Only people who end up with equity in their property will have to pay it back. If there isn’t enough equity, any amount that can’t be paid back will be completely written off.

Customers can read more about SMI and the upcoming changes at: https://www.nidirect.gov.uk/articles/help-mortgage-interest-payments

Customers are also encouraged to talk to their mortgage lender and seek independent advice. Organisations that can provide further support include the Independent Welfare Changes Helpline on: 0808 802 0020, Housing Rights on: 028 9024 5640, Citizens Advice Debt Advice on Freephone: 0800 028 1881, Money Advice Service on Freephone: 0800 138 7777 or a local independent advice provider.

ABC Note: 

1. The Chancellor announced that SMI would change from a benefit to a loan in the Summer Budget 2015.
2. The interest rate charged for the loan will be the rate that it costs government to borrow the money which can change up to twice a year. The expected rate for April 2018 is 1.5%

Following notification letters, the follow up phone calls to customers are being handled by Serco on behalf DfC

As the ‘Beast from the East’ hit the south last week, East Hampshire District Council was working tirelessly through the conditions to ensure all rough sleepers were offered accommodation in the freezing temperatures and snowy conditions. 

Temperatures dropped to -6C in parts of the district and EHDC’s Housing Team was committed to making sure every rough sleeper spotted across the district was offered a warm place to stay.

As part of the SWEP (Severe Weather Emergency Protocol), EHDC provided homeless people with bed and breakfast accommodation throughout the cold period and will continue, with the support of Two Saints – a charity which is supported by EHDC’s chairman Cllr Lynn Evans that manages community support to individuals facing homelessness in the area, to work with the people it helped to secure a longer-term solution to their homelessness.

The Housing Team provided advice and support at all times throughout the adverse weather conditions and even had a designated officer on emergency call to help any residents or rough sleepers in case of any housing emergencies.

Cllr Ingrid Thomas, EHDC’s Portfolio Holder for Neighbourhoods and Housing, has praised EHDC’s Housing Team for its efforts. She said: “The Housing Team, once again, has been doing a sterling job in a difficult time and EHDC is extremely proud that we have been able to offer rough sleepers accommodation in some of the coldest temperatures the district has seen for years.