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					                      SCOTTISH BAKER
                                                    Vol. No. 146
  Scottish Association of Master Bakers                                  Atholl House, 4 Torphichen Street,
  Incorporating SAMB and                                                 Edinburgh, EH3 8JQ
  The Scottish Bakery Training Council                                   Tel:   0131 229 1401 Fax: 0131 229 8239
                                                                                0131 538 7343
                                                                         master.bakers@samb.co.uk


                       Chief Executives Report

June and I have just returned from the NA Conference in Blackpool, as part of a small Scottish delegation led by
President Alan Marr and Lesley, Vice President Evelyn Gillespie and Past President Iain. The NA President, Peter
Lonican, and the NA are to be congratulated on a highly successful Conference from which there were, for me,
two stand out moments. The first was the recognition of John Reynard with Life membership of the NA, only the
second non-baker to be so honoured. Sadly, John will not be able to join us for our Conference at Peebles but I
am sure the Scottish industry would wish to congratulate him on this award, which was richly deserved, and adds
to the Life Membership granted to him by the SAMB several years ago.

The second stand out was a presentation from Larry Merritt, President of the Retail Bakers of America. Larry’s
business is in Tulsa, Oklahoma, a city of around half a million inhabitants and he has one of the two businesses in
the city that we in the UK would recognise as Craft Bakers. These two bakers specialise in upmarket premium priced
cakes and confections goods where they can achieve the margins necessary to cover the costs involved in running
a high quality operation. Larry Merritt’s theme was to talk about the range of competence based qualifications
introduced by the Retail Bakers of America. The “Certified Master Baker” is the top of a pyramid of awards issued
by the RBA to recognise competence in the basic skills required by a baker. The scheme is run by the industry without
Government involvement and is, based around written examinations and practical asessments. Award standards
are kept deliberately high with only a few hundred recognised Certified Master Bakers in the whole of the USA.
These qualifications appear to have real credibility and substance both within the industry and without. Although
in the UK we have introduced a range of successful vocational qualifications covering bakery we may have lost a
route through which we can recognise the distinctive specialist skills that make up a “Master Baker”. Perhaps there
is something we can learn here from the Americans.

Turning to our own Conference at Peebles this will be an opportunity for old friends to meet up and renew
acquaintanceships. In addition we have a very interesting and hopefully attractive business and social programme.
Particularly may I remind you of the Technical Sessions programmes on Monday 26th May which I think is an
extremely high quality programme and will be good value for all delegates. We have included further details of the
Technical Sessions with this newsletter and please make every effort to attend yourself or send one of your staff
to the Sessions. It will be worthwhile.

One of the main issues concerning the Association at the present is the proposed introduction of new Animal By-
Products Regulations, probably sometime in August 2003. These new Regulations will make it illegal to dispose of
meat based by-products through the normal landfill route without prior treatment. As we have come to expect in
recent years the regulations are overly complex, difficult to implement and illogical. The Association has been in
regular contact with the Scottish Executive about this and is encouraging the Government to exempt Craft Bakers
from the new Regulations or at the very least grant an extended derogation before the new rules are brought in. This
issue is complicated and we will be issuing a separate technical note on this to members outwith “Scottish Baker”.

I look forward to seeing you all at Peebles.


                                                          1
                VICE PRESIDENT                                                     EDITORS CHAT

At the April meeting of the SAMB Board the nomination            Good to be back in communication with you and looking
of Andre Sarafilovic as Vice President for the year 2003/        forward to increasing the frequency of “Scottish Baker”
2004 was unanimously approved.                                   and getting the yearbook out as soon after Conference
                                                                 as possible. Being realistic however September seems to
Although life may begin later this year for Andre when           be the earliest date possible this year.
he reaches the age milestone of 40 (28th December for
those who want to send a card!) he has already packed            Have you had a look at our website? Discussion Group
a lot of experience into his career to date.                     usage is predominantly by our younger members and the
                                                                 chat is very interesting and I am sure helpful to each
He entered the bakery world officially as an apprentice          other. Some of the views where applicable should be
with his father’s business of Pars Bakery, Glasgow 1979.         addressed to Kirk Hunter, especially in technical subjects
In 83/84 Dad decided he should broaden his experience            like animal waste so that he can stress to government
and he spent time with Vardar Bakery - Glasgow, Ashers           officials just how ludicrous is this proposed legislation.
Bakery - Nairn, Chalmers Bakery - Bucksburn and Wm
Stephen (Bakers) Ltd - Dunfermline. It was at Stephens           I enjoyed a happy family wedding in Ellon last weekend
he met and fell in love with the gorgeous Rona, later to         which was especially pleasurable because one of the
become his wife and mother to Natalie (14), Sean (12)            guests was Life Member Gladys Forrest from Portsoy.
and Talia (10). From 1984/1990 he graduated through              After the sad death of Leslie, Gladys was also very ill but
Pars as Bakery Manager and then Production Director.             is making an excellent recovery and was in good spirits.
                                                                 She has some difficulty with mobility but it did not hinder
The lure of the east prevailed however and in 1990 he            her dancing skills! Another guest was Robbie Garden of
became joint Managing Director of Wm Stephen (Bak-               Calder’s Bakery, Torphins. Robbie who was the bride’s
ers) Ltd. In 1996 Pars Holdings, Glasgow acquired the            uncle baked the splendid wedding cake.
shareholding of Wm Stephen at which time Andre
assumed the role of Group Managing Director but in               Conference is just around the corner and at the moment
1998 further rationalisation took place when Wm Stephen          it seems we may have the lowest attendance for many
was bought out of the group and since then he has been           years. As members know the format was changed
Managing Director of the Fife company.                           recently with Sunday becoming a working day and the
                                                                 need for Tuesday attendance eliminated. It would appear
In addition to these demanding commercial roles how-             that the Board will have to consider if further changes are
ever, Andre has been a stalwart in his trade association.        required and indeed if the membership feel there is still
Since 1990 he has been a member of the SAMB                      a need to have an extended Conference. Of course there
Industrial Relations Committee. He was Chairman of the           could well be a late rush and Conference will be reported
40 Group from 1996-1998 and Chairman of No 5 Region              fully in the next issue.
2001-2003. He is also the industry expert on information
technology and has officially advised SAMB on this               As we go to press the Centenary Club annual all sector
subject since 1999 and for many years unofficially               lunch is about to take place again master minded by Brian
before that! He also acts as a consultant on IT to various       Tudor. Brian is making a steady recovery with his
companies.                                                       mobility improving but again more information on his
                                                                 progress, and the lunch in the June issue. Hopefully
Andre served as a member of the Scottish Association of          Gerry Atric will be able to join us!
Master Bakers Executive Council and is currently a
Board Member of SAMB.                                                  TREASURERS TREASURES
His outside interests are described as “all things IT” and
                                                                               Reflections in Retirement
motor sport. This latter interest is a family one and Rona
is currently driving in the Scottish Mini Challenge.
                                                                 1.       I intend to live forever - so far, so good.
                                                                 2.       If your brakes are faulty get a louder horn.
Andre and Rona are well equipped to support President
                                                                 3.       To steal ideas from one person is plagiarism; to
Evelyn Gillespie when she assumes office and will be
                                                                          steal from many is research.
deserving recipients of the honour of presiding over the
                                                                 4.       A clear conscience is usually the sign of a bad
affairs of our cherished Association in 2004/2005.
                                                                          memory.
                                                             2
5.      If you must choose between two evils, pick the          We had friends! We went outside and found them.
        one you’ve never tried before.
6.      Change is inevitable…except from vending                We played dodge ball, and sometimes, the ball would
        machines.                                               really hurt. We fell out of trees, got cut and broke bones
7.      Plan to be spontaneous tomorrow.                        and teeth, and there were no lawsuits from these
8.      I’d kill for a Nobel Peace Prize.                       accidents. They were accidents. No one was to blame but
                                                                us. Remember accidents?
        CONGRATULATIONS TO ALL
        CENTENARY CLUB MEMBERS                                  We had fights and punched each other and got black and
              by Gerry Atric                                    blue and learned to get over it. We made up games with
                                                                sticks and tennis balls and, although we were told it would
Can you believe we all made it - generational change            happen, we did not put out any eyes.
survival, that is.
                                                                We rode bikes or walked to a friend’s home knocked on
According to today’s regulators and bureaucrats, those          the door, rang the bell or just walked in and talked to
of us that were kids in the 20’s, 30’s, 40’s and 50’s           them.
probably shouldn’t have survived.
                                                                Football, rugby, hockey, netball teams were picked but
Our baby cribs were covered with bright coloured lead-          not everyone made the team. Those who didn’t had to
based paint, we had no childproof lids or locks on              learn to deal with disappointment.
medicine bottles, doors or cabinets. When we rode our
bikes, we had no helmets and not to mention the risks we        Horrors!
took hitchhiking.
                                                                Exam results were not adjusted for any reason.
As children we would ride in cars with no seat belts or
airbags. Riding in the back of a pickup truck was always        Our actions were our own. Consequences were ex-
a special treat, or if a farmers boy like me, bareback on       pected. The idea of parents bailing us out if we got into
a Clydesdale horse or on a tractor step.                        trouble at school or broke the law was unheard of. They
                                                                actually sided with the school or law. Imagine that!
We drank water from a garden hose and not from a bottle.
                                                                Our generation produced some of the best risk-takers,
Horrors!                                                        problem solvers, and inventors, ever.

We ate cakes, bread, jam and butter, and drank soda pop         We had freedom, failure, success, and responsibility -
with sugar in it, but we were never overweight because          and we learned how to deal with it.
we were always outside playing. We shared one soft
drink with four friends, from one bottle and no-one             And you’re one of them!
actually died from this.
                                                                        Congratulations. Keep right on in there.
We would spend hours building our go-carts out of scraps
and then rode down hill, only to find out we forgot the         REGIONAL NEWS
brakes. After running into the bushes a few times, we
learned to solve the problem.

We would leave home in the morning and play all day,
as long as we were back by bed time. No-one was able
to reach us all day. No mobile phones.                          A golf competition for the Eddie McRae was recently
                                                                played round the East Aberdeenshire Golf Course.
Unthinkable!                                                    Eighteen golfers of various standards met on a bleak,
                                                                blustery sometimes rainy Wednesday the 29th April.
We did not have Playstations, Nintendo 64, no video
games at all, no 99 channels on cable, video tape movies,       The competition was generously sponsored by Fleming
DVD, surround sound, personal computers, or Internet            Howden. The eventual winner was Sandy Anderson of
chat rooms.                                                     the Aberdeen Buttery Company.

                                                            3
Trade Visit
                                                                AULDS ACHIEVE
A visitation has been arranged to D.M.D. 2000 Ltd,              TOP AWARD.
Sauchen, Aberdeenshire, on Wednesday 28th May 2003
at 2.30pm. D.M.D. manufacture various types of packging
for the Baking Industry.                                        Aulds are delighted to
                                                                announce that their
The factory is situated just south of the village of            Greenock Production
Sauchen, and occupies a farm site, look for the signpost        site has been awarded
‘Littletown’.                                                   a Higher Level Certificate of Conformity by European
                                                                body EFSIS.
As the tour of the factory is unlikely to take more than
one hour, the Chairman will take the opportunity to
                                                                This means that both Aulds production sites at Greenock
discuss trade matters.
                                                                and Inchinnan have achieved this excellent standard.
So that an indication of the numbers attending can be
                                                                EFSIS (European Food Safety Inspection Service) is an
given, please contact George Ross, telephone 01467 620
                                                                independent company that inspects food premises on
764 to confirm your attendance.
                                                                behalf of its customers or potential customers to ensure
                                                                that the premises conform to their very exacting stand-
                                                                ards and that they have the systems in place to monitor
                                                                and maintain standards. These include hygiene, safety,
Region 3 Golf Outing                                            controls and working procedures in their daily methods
                                                                of operation.
At the Region 3 golf outing at Crieff on 29 April prizes
were won by Tom Hunter, Glenrothes and Neil Stewart,            Alan Marr said “I am very proud that our Production
Dundee. Thanks to all who took part and to Tom Adams            Team have achieved this Higher Level Certificate.
for organising the event.                                       Sometimes it can be much more easily achieved in a
Cabaret Night                                                   modern purpose built factory, it is a testament to the
                                                                controls and working practices carried out at Aulds that
The ever popular Region 3 Cabaret Night will be held on         our traditional style of bakery at Greenock can meet the
Saturday 1 November 2003 in the Craigowl Suite, Nine            requirements of this level of certification.
Maidens Hotel, Laird Street, Dundee. It’s a fancy dress
event with entertainment from comedian Eddie Divine             It has been achieved by continual investment and training
and music by Brassnecks. Food will be provided in the           together with excellent employees working together. It
form of a bakers’ buffet. Fun starts at 7.30. Tickets are       demonstrates that our customers can be assured of the
£10 and there will be a bus leaving from Crieff. Please         highest standards of food safety from Aulds.”
contact Iain Campbell, Campbell’s Bakery, 59 King
Street, Crieff, PH7 3HB. Telephone 01764 652114.                Sharon McArthur, Auld’s Technical Manager said
                                                                “Achieving and maintaining these standards is a team
                                                                effort, each member of staff has to be aware of their own
                                                                individual responsibilities to work safely and hygieni-
                                                                cally.”
FORTHCOMING EVENTS

No 4 Committee at a recent meeting discussed possible
trade visits to Warburtons and Greggs, also discussed           HR BRADFORDS LTD
was a family gathering event such as a barbecue or
bowling. Further details will be announced when firm            HR Bradford (Bakers) Ltd have announced that from
dates have been set.                                            21st April 2003 Mark Bradford, Managing Director is no
                                                                longer with the company and has instead decided to
In conjunction with the No 6 Region, the Presidential           pursue other business interests. He will continue to
Dinner Dance for Mrs Evelyn Gillespie has been set for          provide Bradfords with assistance on product related
21st February 2004 at the Marriott Hotel and at great           issues. The business will continue to be managed by
expense, the committee are pleased to announce that the         Claire McGoldrick with Mrs Helen Bradford also as a
evening will swing once again to the sound of “Big Vern         Director.
and his SHOOTAS”
                                                            4
At a recent No 5 Committee meeting it was decided that          SALARY/BONUS SACRIFICE
owing to the success of the joint Dinner Dance at Perth
that the same venue would be used for the next combined         From 6th April 2003 National Insurance contributions for
No 5 and 3 Dinner Dance.                                        both employers and employees have increased. Em-
                                                                ployee national insurance contributions, payable on
A trip on board the ‘Maid of the Forth’ has been arranged       earnings between the lower and upper earnings limit
for Saturday 19th July which will include musical enter-        (currently £4,615 p.a. and £30,420 p.a.) will increase
tainment and a supper.                                          from 10% to 11%.

The famous No 5 fishing competition has also been               Additionally, National Insurance will be due on any
rearranged, the venue this year is Linlithgow Loch              earnings above the upper earnings limit for the first time
followed by high tea and prize giving in the ‘Four Mary’s       with this additional 1% being the rate applicable. Em-
Bar’ in the historic town of Linlithgow. This event will        ployers’ National Insurance contributions, payable on all
take place on Sunday 7th September.                             earnings above the lower earnings limit will increase from
                                                                11.8% to 12.8%. As it is no use complaining about it,
As yet the No 5 vs No 3 Regional Golf Competition has           what can be done to mitigate it?
yet to be confirmed.
                                                                I have written about salary and bonus sacrifice before,
                                                                but these increases make salary sacrifice a more attrac-
                                                                tive proposition as any reduction in salary will mean large
                                                                savings on national insurance contributions for both
 A MIDSUMMER NIGHT’S DRAM                                       employers and employees! Salary sacrifice is an arrange-
                                                                ment under which an employee gives up part of their
       (an alternative Burn’s Night)
                                                                remuneration and pays a corresponding amount to a
                  21ST June 2003                                pension arrangement. The pension arrangement can be
                                                                a personal or occupational pension. Bonus sacrifice is
     The Royal Hotel, Bridge of Allan                           also possible, and the arrangement could be a one-off
              Drinks: 7:00                                      exercise.
              Dinner: 7:30
                                                                When salary is sacrificed, earnings are reduced for the
    Entertainment: Bobby Mac’s Disco                            purposes of calculating tax and National Insurance.
              ‘til 1:00am                                       There was always a significant National Insurance saving
                                                                for the employer if salary or bonuses were sacrificed, and
  Dress: Casual with “a hint of Tartan”                         there will now be a saving to the employee where
                                                                earnings are above the upper limit. A director could
                    Tickets £20                                 probably arrange for the employer to contribute the
                                                                National Insurance saved to the pension plan. The
Accommodation £40 per person - Bed &
                                                                financial effect on the company would be neutral, but the
            Breakfast
                                                                pension scheme contribution would be enhanced. If an
 This should be booked directly with the                        employee has a high salary with remuneration in excess
          hotel - 01786 832 284                                 of the earnings cap, currently £97,200, which is the
        Quote “SAMB 40 Group”                                   maximum net relevant earnings for the purpose of
                                                                calculating pension contribution entitlement, then earn-
  (in the event of the hotel being fully                        ings above the cap could be sacrificed to help fund for
booked alternative accommodation will                           maximum benefits. Maybe not too many in this category
               be offered)                                      in our industry, but who knows?
Please send your remittance to: Ian                             It should be stressed that it is important that the rules for
McGhee, 19 Murano Street, Glasgow,                              setting up the sacrifice are followed. If they are not, the
             G20 7RQ.                                           Inland Revenue could treat the contributions as personal
         RSVP by 6th June                                       and the National Insurance contributions could be lost.
                                                            5
The main points to bear in mind if a salary sacrifice              The combination of a series of European court decisions
agreement is to be effective are as follows:                       and ever evolving employment laws has given pregnant
                                                                   employees and recent mothers dramatic protection.
The agreement must be in writing, on company headed                Failure to observe the provisions and entitlements can
notepaper, and signed by both the employer and the                 attract claims for limitless compensation. What are the
employee. In the arrangement the employer informs the              main danger areas?
employee of the amount by which their salary or bonus
will be reduced and the employee signs to confirm their            1.      Can you refuse a pregnant applicant a job?
agreement to the sacrifice. The letter must be dated prior                 If the reason for the refusal is simply her
to the effective date of the sacrifice and cannot be                       pregnant condition - and she can prove it, then
retrospective. It is important that the sacrifice is made                  such a decision would be automatically unfair.
before there is entitlement to it. The agreement should            2.      Can you ask the applicant if she’s pregnant
not place the employer under any obligation to make a                      or plans to start a family? It might seem a
pension contribution. Any sacrifice in excess of £5,000                    reasonable question, especially for a small busi-
should be reported to the Inland Revenue.                                  ness concerned about the cost of maternity
                                                                           leave. In fact, the law regards such questions as
It is important that the salary/bonus sacrifice is made                    irrelevant to her ability to do the job. So a refusal
before it is earned; however, it is always important to be                 to hire her simply because she plans a family in
creative, and a Director has room to manoeuvre. For                        the near future would also be automatically
instance, prior to an Annual General Meeting (AGM), the                    unfair. If the applicant has a young child, it
employer could advise the Director that a bonus was to                     would not be discriminatory to ask her what
be discussed. In this way the director has the opportunity                 child arrangements would be if she were offered
to express a wish to sacrifice a corresponding amount                      the job - provided the same question was asked
before the actual vote at the AGM to award the bonus                       of a male applicant. In general terms, it is safer
is held.                                                                   to ask only directly relevant questions.
                                                                   3.      Do you have to explain all her maternity
Both parties gain from a salary sacrifice arrangement, but                 rights? Yes. If you failed to fully inform her and
it is important to mention the disadvantages. It reduces                   then tried to deprive her of those rights, a
salary for all purposes, and the impact on such things as                  tribunal would take a very harsh line indeed.
a death-in-service benefit needs to be born in mind.               4.      She asks to come back part-time. Do you
Obviously, it is important not to reduce earnings below                    have to agree? Technically, she’s only entitled
the lower earnings limit to preserve entitlement to state                  to return to her former position on the same
pension.                                                                   terms as she left. But this is an increasingly
                                                                           common request and a refusal to comply has
The point about all of this is that the increase in National               been held to be discriminatory. Only cases
Insurance contributions for both employers and employ-                     where it would be operationally impossible to
ees is seen as unavoidable additional tax on both parties.                 accommodate a part-time position are likely to
Salary/bonus sacrifice offers the opportunity to make                      escape the scrutiny of the tribunals.
savings on National Insurance contributions, and with              5.      What if her position becomes redundant?
co-operation from the employer, could significantly                        It’s a popular ploy by some employers to
increase the employee’s pension benefits.                                  fabricate a redundancy situation to prevent a
                                                                           female employee returning. If it’s not genuine,
If any member has queries on this contact Ian Hay at                       be prepared for an expensive day out at the
Head Office or speak to your Accountants or Financial                      tribunal. Otherwise you must consult fully and
Advisors who should be able to give further guidance.                      consider whether any suitable alternative posi-
                                                                           tions are available.
EMPLOYMENT LAW
CORNER
                                                                              A MISSED OPPORTUNITY?
       THE PROBLEMS OF PREGNANCY
                                                                   Have you considered taking students from the local
Pregnant women now enjoy extensive protection in
                                                                   college or school for work experience in your com-
the workplace. Do employers have any freedom and
                                                                   pany? What are the advantages and are there any
what happens when it all goes wrong?
                                                                   costs?
                                                               6
Colleges of Further Education and some schools organ-                 Who pays the bill?
ise periods of course related job experience with local
companies to complement academic studies. Many of                     Students are not usually paid a salary by the company
their students are taking courses which include subjects              although some companies do offer token payment for a
related to local businesses, e.g. Finance, Marketing and              one year placement. Other companies may make a
Production Management. Other training colleges also                   contribution to living costs such as free meals, but
organise short work placements for students following                 essentially there is no real cost to the business. The
courses in subjects like Hospitality and Catering and                 student could be used to tackle a subject or project that
Engineering. So how do companies get hold of these                    is of real value to the company which you have never had
young people and do the benefits outweigh any costs?                  the time or resource to work on.

                                                                      Are there any pitfalls?
What is a work placement?
                                                                      There is always the possibility that the student has
A work placement can be as short as a week or as long                 problems adapting to the company or the work. If this is
as a year during which time a student will work to gain               the case, it may be possible for the work and college
experience in specific sectors of your business. A short              supervisors to sort out these problems, but if not, you can
placement is usually after the first year of study, and a             ask the college at any time for a replacement student who
one year placement is programmed between the second                   is better suited to your needs.
or third and final year. Local colleges will often approach
employers direct to arrange placements but is often a                              GROSS MISCONDUCT -
good idea for you to make the initial contact. The                                HOW TO DISMISS SAFELY
procedure is quite simple.
                                                                      Dealing with serious misconduct can be one of the
You agree to provide a student with a work experience                 most difficult challenges facing an employer. Even if
which is well structured and relevant to the course of                the employee’s behaviour obviously justifies instant
study and the college will visit the student regularly to             dismissal, failure to follow correct procedures could
check on progress and ensure that the student is fulfilling           lead to a tribunal award.
his/her obligations to your company.                                  What is gross misconduct?
What do you have to do?                                               The contract of employment requires an employee to
                                                                      fulfil his duties to a reasonable standard with courteous
The main obligation is to agree with the college on a job             behaviour towards his fellow workers and managers and
description or approved plan which sets out what the                  with respect for the reputation of the business. There is
student will be required to do and includes a specific                an implied duty of good faith. If misconduct by the
project if at all possible. Ideally, the experience will be           employee is so serious that it rips up the roots of that
broad-based, relevant to the student’s needs and not                  relationship and effectively places it in a situation from
dominated by menial tasks, e.g. filing and archiving.                 which there can be no recovery, you must take appro-
However, if the agreed job description does not specifi-              priate action. Many types of misconduct obviously fall
cally exclude filing etc, there is no reason why such tasks           within this category: alcohol and drug abuse, theft of
cannot be part of the job. In addition, one of your                   company property, fighting at work and sexual misbe-
employees should be nominated as supervisor to the                    haviour. But to avoid any doubt, you should publish a
student so that there is regular contact and control at all           disciplinary code which forms an annexe to the contract
times.                                                                of employment or staff manual and provides a detailed
                                                                      list of the types of misconduct that could warrant instant
What are the benefits for both parties?                               dismissal.
Your greatest benefit is of course cheap labour but
abusing this advantage could lead to problems with the                Dismissal procedure
college. If you are lucky, your company may have the
                                                                      A baker turns up for work on Monday morning reeking
benefit of a well educated young person who will bring
                                                                      of alcohol. He staggers to his table and unleashes a tirade
useful academic or technical knowledge and a willing-
                                                                      of abuse in your direction. The rest of your employees
ness to gain practical experience. A successful placement
                                                                      look horrified. You summon him to your office and sack
may well lead to a future permanent position with the
                                                                      him on the spot giving him only five minutes to clear his
company, but if it doesn’t, it is still a good public relations
                                                                      desk. He subsequently makes a successful claim to a
exercise.
                                                                      tribunal. Why?

                                                                  7
The key to implementing safe instant dismissal for gross                 INDUSTRIAL
misconduct is to follow a fair procedure. His behaviour
                                                                          RELATIONS
certainly was serious but it was also out of character.
What you should have done was immediately suspend
                                                                               FLEXIBLE WORKING
him from duty. This would have given him the opportu-
nity to sober up and allowed you to have taken the
                                                                “10am ‘til 2pm is fine for me”
emotion out of the incident and complete a full investi-
gation. You should have then arranged a disciplinary
                                                                Since 6th April 2003 employees are now able to request
hearing in accordance with your published code, where
                                                                a change to their working arrangements. When does the
he would have been given the opportunity to explain his
                                                                law allow you to say no?
behaviour. Had this happened, you could have discov-
ered that his brother had died the night before. He had
                                                                Firstly, note that the right is only open to certain
simply tried to drown his sorrows and you had not even
                                                                employees. You don’t have to agree the request - there
given him a chance to apologise for his outburst. The
                                                                are potentially nine refusal grounds.
tribunal might consider that a warning would have been
more appropriate and awarded compensation.
                                                                So what’s new? From April 6th, for the first time,
                                                                employees who are parents of young or disabled children
Essential elements
                                                                have the statutory right to request a change to their
                                                                employment so they can have flexible working arrange-
A fair dismissal procedure should:
                                                                ments to look after their children. There are two major
                                                                points to note here. Firstly the right to ask is only open
Give the employee the opportunity to explain his/her side
                                                                to parents of young or disabled children (the employee
of the story.
                                                                must have a child under six or a disabled child under the
                                                                age of eighteen). The second point is that it’s only a right
Allow him/her to be represented at the internal discipli-
                                                                to request a change to the way they work - its absolutely
nary hearing.
                                                                not a right to insist on it. To qualify, the employee must
                                                                have worked for you for a continuous period of six
Provide him/her with full details of all the allegations
                                                                months when the application has been made.
raised.
                                                                Tip. The employee must have, or expect to have,
Be conducted promptly.
                                                                responsibility for the child’s upbringing. The request for
                                                                flexible working must be to care for the child and not just
Contain a procedure for an appeal.
                                                                because the parent fancies an easier life!
Home truths
                                                                What can they ask for? Employees can apply to vary
                                                                the hours they work, the times they work or their place
Your employees’ behaviour away from the office should
                                                                of work. This could therefore include applications for
seldom be your concern. But in certain situations, it can
                                                                part-time work, job-sharing, home working, term-time
justify instant dismissal, having followed the correct
                                                                only working and variable hours, etc.
procedure and completed a full investigation. The mis-
conduct must relate to the employee’s ability to perform
                                                                Tip. An application for a change doesn’t have to mean
his contract, e.g. it would probably be safe to dismiss a
                                                                a significant alteration. The employee might simply want
driver, who can not be accommodated in another job, if
                                                                to start and finish e.g. 20 minutes later so the child can
he is convicted of drink driving. The extent of your
                                                                be dropped off at nursery.
investigations will depend on the circumstances, e.g. if
your employee admits drug abuse at work, there is little
                                                                Can we say no? You don’t have to agree to the request.
need for an full-blown investigation.
                                                                You can refuse the application on the following grounds:
Whatever the grounds for dismissal, ensure that you
                                                                1.       the burden of additional costs
investigate fully and follow disciplinary procedures.
                                                                2.       a detrimental effect on your ability to meet
Many dismissal cases have been lost due to lack of
                                                                         customer demand
attention to procedure rather than on the facts of the
case.

                                                            8
3.       inability to re-organise work amongst existing           SNIPPETS
         staff
4.       inability to recruit additional staff
5.       a detrimental impact on quality or performance
6.       insufficiency of work during the period when
         the employee proposes to work
7.       planned structural changes                               The Institute for Grocery Distribution has published
8.       any other grounds specified in the Regulations.          details of the 2003 Food Industry Award Scheme. The
                                                                  Awards are open to any company of any size in the food
Please note that you will have to provide a written               and grocery industry. Entrants can range from large
explanation why the particular refusal grounds apply.             retailers and international suppliers to specialist local
                                                                  producers, packaging companies and individual young
We’ll be bringing you more advice on what’s required as           managers. Detail criteria for the Awards are available
this new right starts to take effect.                             from www.igd.com/awards the Awards Dinner will be
                                                                  held in London on 14th October 2003. Further details
                                                                  available from Atholl House.

IS GETTING OLD A                                                  WISDOM FROM ‘THE OFFICE’
DISABILITY?
                                                                  1.      There may be no ‘I’ in team, but there’s a ‘me’
                                                                          if you look hard enough.
                                                                  2.      It’s the team that matters. Where would the
                                                                          Beatles be without Ringo? If John got Yoko to
Ever since the Disability Discrimination Act became law,
                                                                          play drums the history of music would be
there has been a steady stream of cases to the employ-
                                                                          completely different.
ment tribunal. Many have concerned the definition of
                                                                  3.      Remember that age and treachery will always
disability. Some issues are yet to be finally decided, but
                                                                          triumph over youth and ability.
at least the question of ageing seems to have been dealt
                                                                  4.      If you can keep your head when all around you
with. For now at least.
                                                                          have lost theirs, then you probably haven’t
                                                                          understood the seriousness of the situation.
Old bones. In a recent case, an applicant claimed that
                                                                  5.      You have to be 100% behind someone, before
his ailments - painful ribs, knee, lower back - fell within
                                                                          you can stab them in the back.
the definition of disability. The tribunal disagreed. It
                                                                  6.      Those of you who think you know everything
found that in relation to these problems the applicant was
                                                                          are annoying to those of us who do
suffering from nothing more than the normal human
ageing process - his aches and pains were due simply to                     FOR SALE
                                                                  EQUIPMENT FOR SALE
the fact that he was getting old. Join the club!
                                                                  Dollar Rae counters for sale.
What’s normal? The tribunal said that when approach-              Ambient 2 x 3m. £500 each.
ing the definition of disability, the impairment needs to         Backfittings also available.
be something worse than the band of normality. This               They can be seen working now but are available from
means something significantly worse than most people              early April.
of that age who claim to be “impaired”. So body parts
                                                                  Coffee shop seating
simply wearing out due to advancing years is not a
                                                                  Good condition
disability.
                                                                  25 seats + tables £250
                                                                  Aerotherm (Mono) Gas 2 Rack Oven
Conclusion.You needn’t worry that every ageing em-
                                                                  Digital display with Steam, only 3 years old, can be
ployee can rely on the Disability Discrimination Act.
                                                                  seen working, excellent
Normal ageing is excluded but don’t forget to look at the
                                                                  condition. £6500 ono.
facts of every case.
                                                                  Contact Alister Asher
                                                                  01667-453206

                                                              9
1 Pocket Oddy Roll Machine                          “Klix” Hot Drink Vending Machine
5 years old, very good condition                    8 Drink Selection
£3,000                                              Excellent Condition
Contact Alan 01463 798 795                          New Cost £2500.00 + VAT
                                                    This 4 ½ year old machine available for only £500.00 +
                                                    VAT
Oddy Pinner/Moulder - excellent condition £1200     Tel: John, Stuart or Derek – 01563 522 685 (Morn-
Mono Automatic BDM reasonable offers considered     ings only)
Contact Jim Johnston - 01542 832 024

                                                    Shop fittings for café
Fortuna automat BDM
Good condition                                      Two refrigerated counters. Servery section and table
Any reasonable offer                                units.
Contact Ian Kinnear - 01337 860 247                 Blue and stainless steel. Cost £10k sell for £2,200 + VAT
                                                    Mono bread divider and moulder £20 + VAT
                                                    Fondant Kettle Neilson. 8 boxes fondant or chocolate.
Paladin L Sealer S38                                Beautiful machine £2000 + VAT
16" x 16" frame
Pulse Sealer                                        Tel: 01387 261970 and 264850
£600                                                Mobile: 07885 146 960
Contact Bill McLaren 01307 463 315                  Express Bakery


Barbecue King Hot Plate Counter cabinet with base   Stainless Steel Table -                         £200
plates and internal shelf.                          Dairy Cabinet                                   £200
3 years old £150 against new c.£1400                Butcher’s Boiler (100 litre) -                  £100
                                                    Refrigerated Prep Unit – 5ft -                  £250
Contact Martin Goodfellow on (01382) 730181 for     Refrigerated Prep Unit – 6ft -                  £300
details and email picture if required.              Tom Chandley Oven (2 dock/2 pan) -              £400
                                                    Bread Slicer (Wabama) -                         £300
                                                    Hob (4 Ring) – Falcon -                         £130
Hobart Dishwasher                                   Chip Scunttle – Falcon -                        £100
Model CXA                                           Four Rack Retarder Prover -                     £1000
Complete with waste disposal and rinse              Soft Ice Cream Machine -                        £2000
3 phase                                             (Taylor Model 150-140)
As new, open to offers
Contact - Derek Brydie 01333 423 956                Contact - Joe McDonald 0141 883 0311


2 Bag Artofex                                       Mono Bread Molder                               £300
Doughnut Fryer                                      Electro-Dahlen 3 Deck x 2 Tray                  £900
Contact Sean - 0131 229 7247                        Free Standing Pastry Brake                      £500
                                                    6 Burner Gas Cooker                             £300
                                                    Rondo - Star Semi-Automatic Pastry Brake
Frank Ford two pan gas frying range.                (New Belts) 22" wide                £2500
Requires servicing                                                                      £300
                                                    Single Bag Spiral Mixer (needs top motor)
Crypto (floor standing) Potato Peeler.              Blooget Oven (15 Tray)              £500
2 Irn Bru Drinks Cabinets                           Fiat Ducati Van 2.8 TD Fully Lined  £4500
Edoni Ice Cream Freezer (in perfect condition)
Edoni Ice Cream Mix Pasteuriser and Processor (in Contact Pamela Thomson on 01450 371 774
perfect condition)                                 Thomson & Sons Bakers
Everything Can Be Seen Working
No sensible offers refused
Tel: Greenock 01475 794 321 Peter                10
                                                            retail shop.
                                                            Both leasehold
                                                            Price to include all equipment, van and goodwill of
30 or 36 Hand Bun Divider                                   business
Contact Morag or Norman on                                  Contact Alan Duffus 01466 799 327
01557 330 685
                                                            LOW’S BAKERY
Used Shop Fittings Required for Bakery Shop.                ABERDEEN
Modern Styling Preferred
Contact Mr Allan                                            For sale as a going concern, an opportunity has arisen to
on 0177 947 0488                                            purchase this well known, successful family bakery
9am - 2pm Mon - Fri                                         business which has operated within the city for a
                                                            considerable period of time. There are seven individual
Gas fired real oven – 24-30 pan                             premises, five of which are owned and two of which are
Contact Mark 01771 644 288                                  held under full repairing and insuring lease. Operated
                                                            from various retail units throughout the city, the shops
Gridlap - Z Blade horizontal mixer (Morton or similar)      all enjoy popular locations, which are surrounded by
Please telephone or fax details to:                         many varied businesses and enjoy good passing trade.
Robert Krendler Tel 01506 857 575                           The business enjoys excellent levels of turnover and
Fax 01506 857 644                                           profitability and offers considerable growth potential.
                                                            Further details on request.
30-piece Robertson Manual Dough Divider please              PRICE ON APPLICATION.
Contact David Dalgity on 01592-713413                       Tel: 01224 637737


Spiral Mixer                          £1,500                RETAIL BAKERY BUSINESS
2 x 3 Rack Retarders                        £450
each
                                                            J & M NICHOLSON, BAKERS AND
2 Rack Retarder                       £350
3 Rack Prover                               £400            CONFECTIONERS, 43-45 HIGH
60 QRT Mixer                                £300            STREET, ANNAN.
Stainless Steel Tables Various Sizes        £75 -
£200                                                        This is an excellent opportunity to acquire the well-
Gas Bratt Pan ideal for cooking stew/mince £450             respected Business of Messrs. J & M. Nicholson (which
Telephone Athole Bakery                                     has been trading for 65 years) due to the impending
01250 - 870777                                              retirement of the present owner. Situated in deceptively
                                                            spacious Business and Residential premises opposite the
                                                            Town’s Market Square, this business has a reputation for
                                                            quality produce, which is second to none.
                                                            Business Premises: -        Front shop; Finishing Room;
Thriving bakery north Glasgow, fully equipped bakery        Bakery; Storeroom; Utility Room. Staff Canteen;
and shop (leasehold) + branch shop very modern (lease-      Proprietors Office.
hold), turnover over £200,000 per annum, very profit-       Residential Accommodation: - Entrance Hall; Recep-
able business accounts available. Price £120,000 + stock    tion Room. First Floor: - Landing; Sitting Room;
at valuation.                                               2 bedrooms; Galley; Bathroom. Second Floor: - Sitting
                                                            Room; bathroom; bedroom.
Contact 01236733617
                                                            Guide Price: Offers of £180,000 (plus stock at valua-
                                                            tion) are invited for Business undertaking and Premises
Sinclair’s of Rhynie                                        as a whole.
Old Road, Strathbogie                                       Date of Entry: - By Arrangement with the Seller.
                                                            Viewing: Strictly by Appointment with John Roddick &
                                      £550,000.
For sale as going concern, turnover 31/1/02                 Son, Royal Bank Buildings, 52 High Street, Annan,
Comprising of modern equipment, main bakery and             DG12 6AL, Tel 01461 202 822 Fax 01461 201 822
                                                           11
DATES FOR YOUR DIARY

2003

24th-27th May      Sat-Tues     SAMB Annual Conference at Peebles Hotel Hydro

28th   May Wed Visit to D.M.D 2000 Ltd, Sauchen,Aberdeenshire

21st   June Sat    Alternative Burns Night, Bridge of Allan

19th   July Sat    No 5 Region Sail in Maid of Forth

7 th   Sept Sun    No 5 Fishing Competition, Linlithgow

14th   Oct   Tues Food Industry Awards

25th   Oct   Sat   No 1 and 2 Joint Dinner Dance,Brora

1st    Nov Sat     Region 3 Cabaret Night, Dundee

2004

21st   Feb   Sat         Presidential Dinner Dance - Evelyn Gillespie

29th May - 1st June Sat-Tues    SAMB Annual Conference at Peebles Hotel Hydro




                                         12

				
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