In Part Two of our detailed look at the JLC reform recommendations we will look at Hotels, Law Clerks, Retail & Grocery and Security. Click here for Part One.
As we previously mentioned the Scope and extent of some of the JLCs has changed to omit some establishments and tie in others so for any employers who were previously under a JLC or there was a question mark under their application these posts will be well worth noting
Hotels
Retain or abolish
Retain as one JLC
Recommendations
- Amend to remove “incidental work” and include those engaged in “work in leisure facilities and employees of the establishment or a related business, engaged in the provision or personal services such as health, and beautician services provided on the premises to customers of the hotel”
- Also include outdoor ground workers
- Amend to include “those workers who are employed by a third party from whom their services are provided on a contract basis, shall have their terms of employment determined by the terms of employment set by the relevant JLC, or in the absence of a JLC, in the employment from whom the service is contracted”.
Law Clerks
Retain or Abolish
Abolish
Retail Grocery and Allied Trades
Retain or Abolish
Retain and Rename to “Retail Sector”
Recommendations
- Clerical and incidental work excluded
- Confined to establishments owned or operated by , or working under a franchise to, and entity within the Retail Sector trading a provider of groceries and other goods for sale to the public, including the sale of all food whether it is prepared on or consumed on or off the premises and which establishment operates under the title of a multiple or symbol as recognised in the sector
- Employees directly engaged in the preparation for and sale of goods
- Employee employed by an employer in an establishment on the same premises as an establishment covered by the JLC, but who is employed by an unrelated employer and who is providing a service other than the sale of groceries will be bound by the terms of that sector
- Removes from scope small independent retail grocery outlets who do not operate to the same scale and or through the same pricing differentials as those who operate multiples or who operate under symbols
- Removes outlets who do sell some items which are “groceries” but for whom the sale of such items is an incidental part of their business (garage forecourts where the attached outlet sells some food or groceries but is not trading under a symbol or multiple, however those parts of garage forecourts that have a franchise or contracted operator preparing and selling food will be included in the catering JLC
Security
Retain or Abolish
Retain
Recommendations
- Meaning of “security firm” is now “an employer who employs persons, hereinafter referred to as security operatives, to provide a security service for contract clients of their employer, and performing one or more functions of below
- Prevention or detection of theft, loss, embezzlement, misappropriation or concealment of merchandise, money, bonds, stocks, notes or other valuables
- The prevention or detection of intrusion, unauthorised entry or activity, vandalism or trespass, on private property either by physical, electronic or mechanical means
- The enforcement of rules, regulations and policies related to crime reduction
- The protection of individuals from bodily harm
- Security service is a service of a security or surveillance nature, the purpose of which is to protect persons and property
Conclusion
A number of the JLCs have had their scope altered so where previously a Business may not have fallen under the scope (i.e. a take away with no seating) they will now be covered. The recommendations provide real clarity to what was once a very ambiguous area of Employment Law, however employers should take care int he application of these JLCs should the recommendations be implemented.
