Business : Legal News

Further Concerns over SME Governmental Spending

As previously reported, concerns have already been raised as to the division of governmental spending between SME and larger enterprises. And while governmental figures have highlighted a marked increase in the usage of SMEs on key contracts, further woes have been raised as to the skewing of such results where

Read More »

Increased Focus on SME Services Required by Government

In a recent report the government has been urged to consider a more considerable approach on the procurement of services from SMEs. The report, which was produced by the National Audit Office, has highlighted growing concerns as to whether the government will be able to hit increased SME spending targets

Read More »

Know Your Chains: Supply Chain Transparency and the Modern Slavery Act

According to the 2014 Global Slavery Index, 35.8 million men, women and children are trapped globally in various forms of modern slavery, a concept covering slavery, servitude, forced and compulsory labour and human trafficking. The UK is not immune, with Home Office figures suggesting there are up to 13,000 victims

Read More »

Home Office raids sites in illegal workers crackdown

The Home Office has launched a crackdown to root out illegal working in the construction industry. Operation Magnify will see immigration enforcement officers targeting construction sites and businesses that are employing and exploiting illegal migrant workers. The Home Office said it was too early to issue details about the initial

Read More »

Southern Piling had ‘no excuse’ for rig safety breaches

Specialist contractor Southern Piling has been fined £16,000 after admitting using an auger without a safety guard. The HSE inspector who caught the company out said that “there was simply no excuse for the way the machine was being used. It was in the middle of the site and there

Read More »

CRH completes £5bn acquisition

Ireland’s CRH has today become the world’s third largest building materials firm and the second biggest in aggregates. Ireland’s CRH has today become the world’s third largest building materials firm and the second biggest in aggregates. Read Full Article: The Construction Index

Read More »

EC clears Cemex over anti-competitive practices

Cemex has been told that the European Commission (EC) has closed the investigation into anti-competitive practices initiated in December 2010 and that it will not be subject to any fines. Cemex has been told that the European Commission (EC) has closed the investigation into anti-competitive practices initiated in December 2010

Read More »
Latest Issue
Issue 324 : Jan 2025

Business : Legal News

Further Concerns over SME Governmental Spending

As previously reported, concerns have already been raised as to the division of governmental spending between SME and larger enterprises. And while governmental figures have highlighted a marked increase in the usage of SMEs on key contracts, further woes have been raised as to the skewing of such results where subcontractor works are performed on behalf of the larger enterprises. As such, the National Audit Office has highlighted that it could not be certain as to whether there has actually been an increase in direct spending with SMEs, with the previous indirect spending figures being entirely incomparable with earlier statistics. A worrying notion, to be sure, with the NAO stressing the increased importance for more governmental focus on spending within the SME base of the supply chain. With concerns already having been raised as to the continuity of the government’s success in integrating SMEs into the supply chain more appropriately, the notion comes at a time whereby increased questions are being raised as to just how much extra is actually being spent with SMEs, both directly and indirectly. A positive sign can be seen in the increased accessibility of application for governmental works by SME practices as a bare minimum on the progress made thus far, however it is becoming increasingly evident that competing for such works and securing spending from the government may not yet be a great degree easier than has previously been seen. BIFM’s Chair of the Procurement Special Interest Group, Wendy Sutherland, commented: “The ability for SMEs to actively participate in this environment is challenging despite the best intentions of central government, as can be seen when reading the list of the successful suppliers.” Of course, as previously highlighted, the position is one whereby the government has been urged to reassess and identify further ways in which it can both engage with, and sped directly with the SME supplier base else, it is feared that targets for SME spending will not be met.

Read More »

Increased Focus on SME Services Required by Government

In a recent report the government has been urged to consider a more considerable approach on the procurement of services from SMEs. The report, which was produced by the National Audit Office, has highlighted growing concerns as to whether the government will be able to hit increased SME spending targets by 2020. Although, as reported by the National Audit Office, the government actually managed to reach its 2010 target of spending 25% of overall spending with smaller firms by 2015, a year earlier than the targeted end date, the report highlights concerns as to how the government will take its next step. The new target, set at 33% of overall spending,has been cited to take circa £3bn into SME businesses for central government spending alone; an ambitious target. One of the key measures which has been noted as a positive step forward is the Crown Commercial Service’s contract finder, allowing SMEs to more easily, and readily access governmental contracts worth more than £10,000. Yet, the report highlights that in certain areas of service, such as facilities management, it may still yet be too challenging for SMEs to compete for contracts against larger enterprises. With the list of successful applicants to the government contracts on the contract finder thus far highlighting a lack of success for SMEs, it is hoped that the government will assist in opening up further contracts and elements of the main contracts for subcontracting where SMEs will be able to enter the fray on a more competitive stage. As such, the National Audit Office has suggested for the Crown Commercial Service to alter its approach to procurement, by working directly with key departments to best assess where SMEs can bring the greatest amount of benefit; not solely for SME benefit, but also for the government as a whole. Additionally, suggestions have been made as to the need for oversight of key contractor to subcontractor relationships.

Read More »

Know Your Chains: Supply Chain Transparency and the Modern Slavery Act

According to the 2014 Global Slavery Index, 35.8 million men, women and children are trapped globally in various forms of modern slavery, a concept covering slavery, servitude, forced and compulsory labour and human trafficking. The UK is not immune, with Home Office figures suggesting there are up to 13,000 victims of modern slavery across the UK. For the building and construction sector, modern slavery can be a significant problem, particularly for those operating in environments known for labour exploitation. For the estimated 12,000 organisations caught by the new reporting obligations under the Modern Slavery Act 2015 (MSA), the issue of what they are doing to tackle modern slavery in their supply chains will now be a serious compliance challenge. What is the reporting Obligation? The MSA requires organisations (body corporates and partnerships), supplying goods or services, with a minimum global turnover of £36 million (including turnover of subsidiaries) and carrying on business in the UK, to publish an annual “slavery and human trafficking statement” on their website. This is a statement of the steps taken to ensure modern slavery is not taking place in their own business or their supply chains. Organisations without a website must provide a copy of their statement within 30 days to anyone making a written request for one. Importantly, the statement must be approved by the board and signed by a director (or the equivalent for partnerships) to ensure there is top level responsibility for its content. Those with a financial year ending 31 March 2016 are the first required to report, with the Government expecting statements to be published within six months of financial year end. While there is no prescribed content of a statement, the MSA provides examples of what a statement may contain, including information on: the organisation’s structure, its business and its supply chains; its policies in relation to modern slavery; its due diligence processes in relation to modern slavery; the parts of its business and supply chains where there is a risk of modern slavery taking place and steps taken to assess and manage that risk; its effectiveness in ensuring that modern slavery is not taking place in its business or supply chains, measured against key performance indicators; and the training about modern slavery available to staff. The Government’s statutory guidance – Transparency in Supply Chains: A Practical Guide – provides further details on these themes. What steps can I take? A statement should be underpinned by a proportionate and risk-based approach and capable of withstanding scrutiny from key stakeholders, including shareholders and customers. Practical steps an organisation could take include adopting a modern slavery policy and supplier code of conduct; undertaking a risk assessment of existing suppliers and developing risk-based due diligence procedures for new suppliers; reviewing procurement procedures to ensure they are able to respond to labour exploitation; and updating contract terms to ensure suppliers are required to comply with policies on modern slavery and the MSA. What are the consequences for not reporting? Penalties under the MSA for failing to report are limited to a court injunction compelling the organisation to report. The Government intends that consumers, shareholders, civil society and the press will be the primary drivers of compliance. An organisation’s reputation is therefore most at risk from non-compliance, particularly if it operates in a sector, such as construction, already in focus for labour-related issues. By Brett Hartley (Pictured) of Clyde & Co

Read More »

Home Office raids sites in illegal workers crackdown

The Home Office has launched a crackdown to root out illegal working in the construction industry. Operation Magnify will see immigration enforcement officers targeting construction sites and businesses that are employing and exploiting illegal migrant workers. The Home Office said it was too early to issue details about the initial targets for immigration officers, but said more information about swoops would be revealed later. Failure to comply with Right to Work checks can now result in a maximum fine of £20,000 for every illegal worker. And new measures included in the Immigration Bill, currently passing through Parliament, will make it easier to prosecute employers using illegal labour, with a maximum prison sentence of five years and new powers to close down contractors which continue to flout the rules. Those who work illegally will be committing a criminal offence and face the prospect of having their earnings seized, and face deportation if they do not have the right to be in the UK. As part of the drive, Immigration Minister James Brokenshire is hosting a meeting today with construction leaders about his plans to end illegal working. The event involves leaders of several construction companies working across the public and commercial sectors and industry bodies, including the Construction Industry Council, the Chartered Institute of Building, and Build UK. Brokenshire said: “Coming together with key employers and influencers in the construction industry is a chance for us to engage with those who are keen to maintain the integrity of the sector. “Illegal working undermines legitimate employers, harms the reputation of the industry, drives down wages and denies employment to hard-working UK citizens and people who are working in the UK legally. “Employers within the construction industry have a critical role to play in helping to combat this by ensuring they carry out the straightforward ‘Right to Work’ checks on potential employees that prevent illegal working in the UK.” Gillian Econopouly, Head of Policy and Research, from the Construction Industry Training Board, warned: “We have found cases where illegal workers have used fake health and safety documents to get onsite, and we are working with Government to stamp this out in the construction sector.” Right to work checks The Government has already taken action to make ‘Right to Work’ checks much easier for contractors to carry out, including by reducing the frequency of checks and the range of documents needed. Contractors with questions about checking a job applicant’s right to work in the UK can call a dedicated support line for advice on 0300 123 4699.

Read More »

Southern Piling had ‘no excuse’ for rig safety breaches

Specialist contractor Southern Piling has been fined £16,000 after admitting using an auger without a safety guard. The HSE inspector who caught the company out said that “there was simply no excuse for the way the machine was being used. It was in the middle of the site and there was nothing to prevent the guard from being fitted.” Sevenoaks Magistrates’ Court heard how Health & Safety Executive (HSE) inspector Melvyn Stancliffe made an inspection of a site in Maidstone, Kent, in December 2014 and saw how the piling rig was being operated with no safety guard. HSE had previously visited three Southern Piling sites and had raised concerns about the guarding standards on each occasion. After the fourth site visit, the HSE was told that the machine had been in use for more than two weeks without the guard. Southern Piling Limited, of The Pagets, Newick, Lewes, East Sussex, was fined a total of £16,000 and ordered to pay nearly £5,000 in costs after pleading guilty to breaches of Regulation 11(1)(a) of PUWER 1998 and Regulation 13(2) of the Construction (Design and Management) Regulations 2007. Speaking after the hearing, Melvyn Stancliffe said: “I dread to think, even at low speed, what might have happened had someone inadvertently fallen on to the unguarded auger. This is incredibly powerful machinery, capable of causing life-changing or even fatal injuries.”

Read More »

Hanson Deploys Email and Document Management Solution from Ascertus for Legal Department

Ascertus also implementing iManage Work Mobility for anytime, anywhere document access London, U.K. – 19 August 2015 – Hanson, the country’s largest supplier of ready-mix concrete, has deployed an email and document management solution based on iManage Work (formerly HP Worksite) from Ascertus Limited for its legal department. Ascertus provides tailored information and document lifecycle management solutions to in-house legal departments and law firms in the UK.  The legal department at Hanson now has a centralised solution comprising matter-related workspaces, enabling users to securely store all information pertaining to individual transactions across data sources – including correspondence, emails, and a variety of documents. The iManage Work solution implemented by Ascertus is delivering efficiency gains to the company’s legal department. The email management system enables all outbound and inbound emails on transactions and associated documents to be saved to a central repository. Users are able to effortlessly share and locate information due to a simple, intuitive and indexed folder structure; and Google-like advanced text search capability offered by the iManage Work solution. In conjunction with iManage Work, Ascertus has implemented pdfDocs, enabling users to quickly create pdfs of documents from within Microsoft Outlook and directly store them in the central repository as needed. Hanson selected Ascertus for its extensive experience in delivering iManage Work-based email and document lifecycle management solutions to corporate legal departments. Following the company’s independent market investigation, iManage Work was the document management solution of choice due to the tool’s proven suitability for a legal environment and seamless integration with Microsoft Outlook. “Ascertus has delivered a user-friendly solution that meets our department’s specific business needs,” said Ed Gretton, Head of Legal at Hanson. Ascertus is also implementing iManage Work Mobility for the legal department at Hanson. This will ensure that the legal team has access to critical case information and documents via their Blackberry devices while out of the office or on the move. “In today’s digital environment, the complexity of information management has grown manifold,” commented Roy Russell, Managing Director and CEO of Ascertus Limited. “We’ve undertaken numerous iManage Work implementations in corporate legal departments, so intrinsically appreciate the document management challenges of lawyers. Adopting email and document management technology offers an easy win towards efficiency, but also corporate imperatives such as compliance, so that lawyers can maintain focus on the core aspects of their jobs. We are delighted to be working with a company of the calibre of Hanson.” About Ascertus Limited Ascertus provides information and document lifecycle management consultancy, software solutions and IT support services to law firms and corporate legal departments. Based in Central London, the company offers a full range of professional services – from consultancy, business analysis and project management; to software implementation, training, documentation and technical support – delivering bespoke email, contract and document management solutions in on-premises and privately hosted environments. The company has successfully delivered and managed some of the largest iManage Work installations at customer sites in the UK. For more information, visit: www.ascertus.com. Media contacts: TagusPR Vidushi Patel vidushi@taguspr.co.uk +44 7958474632 Nita Shah nita@taguspr.co.uk

Read More »

CRH completes £5bn acquisition

Ireland’s CRH has today become the world’s third largest building materials firm and the second biggest in aggregates. Ireland’s CRH has today become the world’s third largest building materials firm and the second biggest in aggregates. Read Full Article: The Construction Index

Read More »

EC clears Cemex over anti-competitive practices

Cemex has been told that the European Commission (EC) has closed the investigation into anti-competitive practices initiated in December 2010 and that it will not be subject to any fines. Cemex has been told that the European Commission (EC) has closed the investigation into anti-competitive practices initiated in December 2010 and that it will not be subject to any fines. Read Full Article: The Construction Index

Read More »