The Insider Issue Eight

The Insider Issue Eight

HE INSIDE

ISSUE EIGHT

THE WINNING RECIPE

THE RARE BURGER DEBATE . . .

The burger might have originated in the USA but its popularity here in the UK is higher than ever. Branded burger restaurants are going from strength to strength across the country with established brands such as GBK and Byron and new imports from the US like Shake Shack and Five Guys making their presence known. From football stadia to festivals, country fairs to food shows, it’s safe to say that the popularity of the burger

Of course, there are other options to providing safe rare burgers. ‘Sear and shave’ is likely the simplest and best known control method where whole cuts of meat have their external surfaces seared before being trimmed and ground. The added expense of wasted meat is usually a negative, particularly for small businesses, but this method allows for burgers to be cooked to temperatures below the recommended 70°C for 2 minutes.

is here to stay if the queues at the burger vans are to be believed. What doesn’t go away is the debate around the rare burger. Just like steaks, some consumers prefer to have their burgers served pink but what safety controls do restaurants need to have in place before the burger hits the bun? The Food Standards Agency offers guidance which allows for pink burgers to be served to consumers as long as certain strict criteria are met. This is good news for the consumer as well as the larger restaurant brands which have the resources to ensure that the guidance criteria are met, however, smaller burger providers are at significant risk of falling foul of enforcement action or indeed causing illness to their customers from organisms such as E.coli. E.coli is naturally present in the digestive tract of cows but is not found through the meat of the animal, which means E.coli should only be found on the outer cuts of beef if there was contamination of the meat during the slaughter process. Cooking the surface of the meat thoroughly, even if the steak is served rare, is likely to kill off any bacteria. The reason the guidance for burgers differs from that for steak is because burger meat is minced or ground. If the surfaces of the cuts of beef which are being used have bacteria present then the act of mincing these cuts will spread the bacteria throughout the entire burger.

Some burger vans, particularly at festivals and football stadia, may cook burgers from frozen. When these are being cooked to be pink in the centre then there is the risk that the meat might be raw, even still cold with no heat present, and not enough temperature to kill off any E.coli bacteria which might be present in the patty. Some of the FSA guidance is simple to meet e.g. the introduction of advisory guidance on menus. This in principle seems reasonable although the British Hospitality Association doesn’t necessarily agree with the recommendation, stating ‘if food is safe to eat then a notice is not needed’. STS agrees with this stance. Director Mike Williams says: “Food is either safe or not safe. Stating on a menu that food is potentially not safe to eat isn’t going to do anything for consumer confidence and may indeed be detrimental to a business’s defence should the worst happen.” We’ve all seen the mouth- watering pictures of juicy burgers on adverts and menus and when the right controls are in place rare burgers can be enjoyed by consumers. There is further guidance to Environmental Health Officers as to when to take enforcement action. Many food business operators will not be aware of this guide and therefore take a risk by preparing and serving rare burgers while unaware of or ignoring the FSA guidance.

One of the key recommendations in the FSA guidance is the provision of beef from a good source where steps are taken to reduce the risk of contamination from E.coli. This is all very well but at present there is no formal approval scheme in place. The FSA is currently undertaking consultation around the specific approval of meat cutting plants to produce minced meat or meat preparations intended to be eaten less than thoroughly cooked. This can only be a welcome addition. Presently there are only two FSA approved establishments that can provide such products in the UK so the introduction of a specific approval scheme which can be available to all meat suppliers at little to no cost is a positive step.

The expectation and guidance for cooking burgers is that they should be cooked to over 70°C for 2 minutes, which likely means that they will be cooked through and not at all pink. This may be contrary to the hopes or expectations of the food business operator as well as the consumer but, until simpler controls which don’t require expensive ‘challenge testing’ and equipment that can produce a consistent product every time are available to all businesses, the debate around the safety of the rare burger is certain to continue Still unsure about whether you should be serving burgers rare? Give us a call on 01252 728 300

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A LESSON IN EMPLOYEE RETENTION. . . When it comes to employee engagement, few can argue that when employees feel valued in their role they are unlikely to seek other opportunities. Danny Clarke, Group Operations Director for the ELAS Group, says this is the single most important thing when it comes to retaining the most talented employees. He says: “Whilst many organisations see money and reward as key motivators, evidence suggests that what really motivates people is making a difference. Where employees understand the key role that they play in an organisations’ success it gives them a purpose to what they do. Providing a structure that enables people to become masters of what they do is vital in delivering increased productivity and performance. Disgruntled employees or those without clear direction or focus really affect the morale and productivity of a workplace, which ultimately makes for a negative environment.”

making allowances on attitude can affect the rest of the team. Is there anything a manager can do to keep an employee who wants to leave? Danny Clarke says yes. “It’s important to keep regular communication with employees including those who are frustrated or disenchanted. Little things like listening to what is causing the frustration and trying to overcome the issues are key. Whilst it can be tempting to ignore employees concerns or bury your head in the sand, ultimately this causes more problems than it solves. Employees need to be communicated with, even when the message is one that managers feel the employees don’t want to hear.” Employee retention policies are aimed at addressing the needs of employees in order to enhance their job satisfaction and reduce the substantial costs which are involved in hiring and training new employees. In Paul Pogba’s case this is a staggering amount. The fee the club received for him in 2012 is a mere 0.89% of what they paid to resign him. While this is an extreme example it begs the question - would Paul Pogba have stayed at Manchester United if he had had better job satisfaction? Whilst the age old saying is ‘people don’t leave jobs, they leave managers’ and, statistically, people in low paying jobs are more likely to seek new opportunities than those in higher paid roles, this example shows even the highest paid employees are not necessarily motivated by money alone. Could an effective employee engagement policy and retention strategy have saved Manchester United £88.2 million? Statistics say it’s a possibility.

Managing, attracting and ultimately retaining talent is key for all businesses, not least football clubs. Take for instance the big news in football this summer that has seen Paul Pogba return to Manchester United for a world record fee of £89 million; 4 years after he left the club for Juventus for a mere £800,000. Pogba had joined Manchester United in 2009 aged 16 but made just 7 first team appearances in 2 years. He cited the lack of first team opportunities as the reason behind his departure, saying: “Manchester United is a big club but you have to think about yourself. You have to play. The coach told me there would be space to play, but I wasn’t playing.” There were well documented disagreements between Pogba and manager Sir Alex Ferguson and, despite the club wanting to keep Pogba, his mind couldn’t be changed. This situation occurs daily within organisations throughout the UK with managers being left with the dilemma of keeping key talent whilst accepting that

For more information please contact our employment law team on 0161 785 2000

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HOW NOT TO WALK IN HIGH HEELS. . .

The issue of high heels in the workplace has been in the news recently with regards to equality in dress codes and Parliament is hearing evidence to determine if there is a need for clearer guidance regarding footwear when it comes to health and safety legislation. Danny Clarke is Group Operations Director for ELAS. He agrees that health and safety guidelines regarding high heels and the potential long term damage that comes with wearing them on a regular basis might need looking at; particularly when it comes to strain on the upper part of the legs and pressure that is placed on the toes when wearing high heels. Danny says: “Ultimately footwear needs to be sensible and suitable for work activities and the working environment. Certain environments such as factories, warehouses or transportation typically require the wearing of closed toe or steel capped shoes. High heels are normally deemed necessary as part of a corporate dress policy but with research highlighting the risks of long-term musculoskeletal damage as a result of wearing them, it may be time for employers to review these strict dress codes. Taking into account employers’ duty of care to protect their employees’ health in the workplace, I would suggest that they consider reviewing these dress codes and determining whether the requirement to wear high heels is necessary. If employees spend the majority of the day on their feet, are required to carry heavy or awkward loads or walk any kind of distance then we would recommend this be taken into account.” Evidence suggests that high heels alter the wearers’ stance, physiology and gait. Podiatrist Kathryn Rutter says: “The foot is designed to deal with gravity and forces in a specific way. If a heel is worn for long periods of time then the position of the foot changes, leading to foot deformity and joint pain in the feet, back and knees. Often corns and calluses occur. Can it therefore be right to force employees to wear high heels for work?”

forced to wear high heeled shoes in the work place as part of a uniform. We believe that there is a strong body of clinical evidence that significantly indicates the medical and disabling effects of wearing a high heel shoe over a prolonged amount of time. “Despite the fact that there is an abundance of medical and scientific evidence, consideration of the effect the shoe has on the health of the individual as part of a dress code has not previously been addressed. We conducted a survey which revealed that women complain of foot pain on average 1 hour, 6 minutes and 48 seconds after putting on ill-fitting high heel shoes. A fifth of responders said that their feet began to hurt after just 10 minutes’ wear. Given the length of a working day, this would mean working from about 10am until 5pm in pain on a typical 9am-5pm day.” The Parliamentary Petitions Committee set up a web forum ahead of the evidentiary hearings, which generated 730 comments on the issue. The majority of posters who said they had to wear high heels as part of a workplace dress code work in the retail, hospitality, airline or corporate industries. Within the retail industry luxury department stores, shoe chains and jewellers were those most regularly mentioned. Roxanna works for a shoe company. She posted saying: “My employer requires us to wear high heeled pointy shoes of their choice; we are not allowed to wear alternative flat heeled shoes that are available within the range. We stand all day for 8 hours wearing heels and are not allowed to sit. The stock room is not close to the shop floor and we walk back and forth about 50-60 times a day holding heavy boxes of shoes and boots. We are expected to climb up and down stock room ladders while wearing high heels. None of the male staff within the company are forced to wear heels.” Chloe worked at a luxury department store, she said: “A minimum of a 3” heel was required in the nursery furniture department I worked in. We were expected to wear high heels whilst taking trips to the basement to bring up pushchairs and small items of furniture for customers.”

The College of Podiatry submitted evidence to the Parliamentary committee and says they: “...recommend that women should not be

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Chloe worked at a luxury department store, she said: “A minimum of a 3” heel was required in the nursery furniture department I worked in. We were expected to wear high heels whilst taking trips to the basement to bring up pushchairs and small items of furniture for customers.” Estate agent Candy said that: “I was told I must wear heels as its professional. I worked 12 hour days and my job involved walking around a lot, which was particularly problematic in winter. I had to show an applicant a property in the snow and looked ridiculous teetering up the hill trying not to fall on my face while my applicant had appropriate snow shoes on.” Danny Clarke says: “Comments on the forum suggest that employers are not considering the work their employees carry out in their daily duties when requiring them to wear high heels. Is there a reason they are specifying high heels as opposed to flat shoes, particularly in inclement weather? While there is nothing wrong with wanting to maintain a professional image in the workplace, employers should look at whether they are putting employees at risk.

A comprehensive risk assessment should look at whether there is an impact on an employee from wearing high heels in a particular job, whether an employee has back pain or issues and how they might be affected in the role. If issues aren’t identified before an employee starts work then it is possible that the employer might contribute to the employee’s back pain. Likewise if an employer requires employees to wear high heels purely for aesthetic reasons then they could be at risk of a discrimination claim.” He continues: “It appears likely Parliament may recommend changes in guidance or legislation which could include requirements for health and safety considerations, or be based on equality. We would suggest responsible employers stay one step ahead of any pending changes by updating dress code policies to reflect their commitment to protecting employees’ health.”

Call our expert team today on 0161 785 2000 to find out more

CONSULTANT CORNER. . .

One of my employees is due to return from maternity leave next month. She has now asked to come back on reduced hours, what can I do? It is not uncommon for employees who are returning to work after a period of maternity leave to want to be able to strike a comfortable work and home life balance. If this is the case, they have the right to request flexible working. The right to make a flexible working request is available to all employees – not just parents - who have at least twenty-six weeks continuous employment with you, and have not made such a request in the past twelve months. The request is normally made when an employee wishes to change their start and finish times, hours and days of work, or if they want to revamp their entire working pattern. Although the employee has the legal right to make a request, there is no obligation on you to grant the request. However, bearing that in mind, you can only refuse the request based on any of the statutory business grounds, for example the burden of additional costs, planned structural changes, or the inability to recruit additional staff.

If you are unable to accommodate the employee’s request, you may want to consider offering a change of department or role in which their requested hours or days of work can be accommodated. If this isn’t an option, you can still refuse as long as you have given the request reasonably consideration. Call 0161 785 2000 to speak to one of our experts today and find out how to keep your business one step ahead of any changes.

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CHARITY BEGINS AT HOME. . . We love to get involved with charity fundraising here at The ELAS Group, and October will see Kevin, one of our top health and safety consultants, compete his second half marathon in aid of Hearing Dogs.

We’re doing all we can here at ELAS Towers to support Kevin!

Like the majority of the UK, we also love the Great British Bake Off. So bringing our two loves together, we held a bake off here at ELAS Towers in aid of Hearing Dogs and raised a total of £257.60! What’s more, our October dress down Friday will be raising even more funds for Hearing Dogs. Hearing Dogs transform the lives of hundreds of people each year by alerting their the owner to sounds they would otherwise miss; from simple sounds many take for granted such as the doorbell, to danger signals like the fire alarm. As well as alerting their owners to sounds, a hearing dog brings companionship, independence and confidence to an otherwise very isolating disability. If you would like to get involved in changing the lives of even more deaf people, you can sponsor Kevin in his half marathon by clicking on his JustGiving page.

We thank you in advance!

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From a s l i t t l e to a s much suppor t a s you need . . .

Ca l l or ema i l us to d i s cus s your opt i ons

T: 0161 785 2000 E: [email protected] or visit www.elas.uk.com