What is a consumer? / 54 Revising right to work

CONSUMER MATTERS

With new research from the Institute of Customer Service finding that customer service complaints have hit their highest level on record and are costing UK businesses more than £9b a month in lost staff time, putting the consumer at the heart of your business is more important than ever, writes the Furniture & Home Improvement Ombudsman’s Judith Turner – but what are some of the legal definitions of ‘consumer’, and what additional considerations make a consumer much more than just a legal definition for a business?

INCLUSIVE SERVICE BY DESIGN CAN LEAD TO INCLUSION

BY DEFAULT

By JUDITH TURNER www.fhio.org

The history of contract law, from its 19th century origins in horse sales, had no regard to uneven bargaining positions.

Apart from scenarios where a buyer could not inspect goods (usually because they were being shipped from abroad), contracts, when entered into freely and voluntarily, were held sacred, and enforced by the courts of justice.

The Sale of Goods Acts 1893 enshrined common law into statute and still retained application until the 1970s, nearly a century later. Alongside domestic developments, much of the impetus for consumer rights has arguably been driven by the EU, where the role that consumer activity plays was considered integral in the success of the single market.

One of the stated aims was to protect consumers from abuse of powers from sellers or service providers, and an emphasis on the quality accessible – hence the need for enhanced rights, aimed to protect consumers more explicitly and create a level playing field to ensure consumer rights are a prominent and initial consideration when a business considers who their consumers are and why their rights matter.

For the purposes of the Consumer Rights Act 2015, a consumer is an individual acting for purposes which are wholly or mainly outside of their trade, business, craft or profession – which has implications for those to whom the often-enhanced consumer remedies are available.

For the purposes of the Consumer Protection from Unfair Contracts Regulations 2008, an average consumer is defined by reference to their being reasonably well informed, reasonably observant and circumspect, whereas a vulnerable consumer is said to come from a clearly identifiable group who may be susceptible to the practice or underlying product because of their mental or physical infirmity, age or credulity in a way which the trader could reasonably be expected to foresee – for example, in the case of hearing aid products advertised to customers with hearing impairments.

Other attempts have been made to define vulnerability not as separate and distinct groups, because anybody can face circumstances that make them vulnerable – either temporarily or permanently. These might include physical or mental health, debt or unemployment, bereavement or becoming a victim of crime.

Another factor indicating vulnerability might be the potential for customers’ circumstances to change suddenly – certainly something that the coronavirus pandemic shined a spotlight on – and it’s vital that all customers are treated fairly to help mitigate the impacts of these.

Inclusive policies On our journey to define a consumer, we can see that there are nuances that make one single definition, such as that given in the Consumer Rights Act 2015, tricky to apply. Businesses should therefore be providing an inclusive service with commitment to accessibility, and remove barriers to complaining.

Some of this is already prescribed – for example, to make reasonable adjustments under the Equality Act 2010, and the way in which special categories of personal data must be dealt with for the purposes of GDPR.

Similarly, when in dispute with a consumer, timely signposting to alternative dispute resolution, such as the sector’s appropriate ombudsman, is vital to ensure accessible redress for every consumer – not least those that find themselves in vulnerable circumstances, unsure of how to enforce their rights.

The ombudsman can provide important insight to the businesses that register to it, in terms of consumer complaints and their legal remedies. However, we also emphasise the wider benefits of best practice in designing customer services processes with the needs of all consumers in mind – thereby concluding that inclusive service by design can lead to inclusion by default

RIGHT TO WORK REVISED

The Government recently announced changes to the ways that employers, including those in the furniture industry, can perform ‘right-to-work’ checks, writes employment law expert Nicola Smyrl, as she unknits some of the complexities of the new framework …

IT’S LIKELY THAT MANY FURNITURE BUSINESSES WILL DELAY

UNDERTAKING CHECKS UNTIL THE

LATER STAGES OF THE PROCESS

By NICOLA SMYRL www.taylorwalton.co.uk

It is unlawful to employ someone who does not have the right to work in the UK. The consequences of employing an illegal worker are significant and can lead to a criminal conviction and/ or a penalty of up to £20,000 per illegal employee. When an employer has carried out an adequate right-to-work check, the employer has a statutory defence if that worker is later found to be working illegally.

Prior to the pandemic, under Home Office rules the majority of right-to-work checks were required to be conducted in-person. The prospective employee showed their documents evidencing their right to work, and the employer took copies and kept them.

On 30th March 2020, temporary adjustments were made to the requirement to conduct in-person rightto-work checks, to take account of the Government’s coronavirus restrictions. The adjustments allow the checks to be carried out over video calls, and for job applicants to send a photo of their documents to employers via email, rather than sending the originals.

The Government then announced that the temporary adjustments to right-to-work checks would end on 30th September 2022. This date has been pushed back on various occasions in response to concerns by employers about having to return to in-person checks.

The Government therefore announced plans to implement the option to carry out digital or online checks for all employees. Under the new rules, foreign nationals who have a biometric residence card, biometric residence permit or frontier worker permit can now only be checked online, not manually. They must provide their date of birth and share code to allow the employer to check their status using the Government’s online checking service. This is a free service, and as a result, manual checks will no longer be permitted. It will not be necessary for employers to carry out a retrospective check for employees where a manual check was completed on or before 5th April 2022.

In place of adjusted right-to-work checks, from 1st October 2022, employers can use certified Identity Service Providers (IDSPs) to complete digital right-to-work checks for British and Irish citizens with valid passports. This is an alternative to manual checks, and the IDSPs will complete these digital right-to-work checks on behalf of employers for a fee. The digital check will involve submitting images of personal documents rather than the original documents, using Identity Document Validation Technology instead. Manual checks can continue to be carried out for employees not covered by that initial point.

Full details of the new rules on rightto-work checks can be viewed on the Gov.uk website. Employers who have been conducting right-to-work checks under the current temporary adjusted measures will need to consider their approach to these checks in the future. If employers do not wish to return to manual checks, they will also need to factor in the costs of performing these checks in their future budgets.

But what impact will the changes have on employees? At present, it is common for prospective employees to be asked to provide right-to-work documentation during the early stages of the recruitment process. It is likely that many furniture businesses will delay undertaking checks until the later stages of the process, so they do not incur unnecessary costs in relation to candidates who will not ultimately be offered employment.

An approach which involves checking the right to work at the latest stage possible is also advisable from the perspective of avoiding claims for discrimination.

The Government has issued a new Code of Practice in relation to avoiding discrimination when conducting rightto-work checks, which all employers would be well advised to review. The code states the importance of treating all candidates fairly and having clear procedures in place for the recruitment and selection of workers based on equal and fair treatment

Established since 1986

SALES AGENTS REQUIRED

A well-recognised bed company, Shakespeare Beds is looking for bed agents to cover various parts of the UK.

We are very proud of our beds and headboards, and have very good accounts across the nation. However, we still want to grow and support our clients.

We are looking for experienced agents with good customer relationship skills and connections who are eager to join us and be part of our success in the following areas: West Midlands; East Midlands; North West; and the North East and Yorkshire.

Shakespeare Beds

Telephone - 0121 764 4024 Mobile – 07939509509 Email - naheeda@shakespearebeds.co.uk 154 Wharfdale Road, Tyseley, Birmingham, B11 2DG JUNIOR TRADE MARKETING MANAGER RETAIL

(UK & IRELAND)

This is a newly created role to support the Senior Trade Marketing Manager for UK & Ireland Retail/Wholesale with our ever-expanding portfolio of accounts and new points of distribution.

154 Wharfdale Road Birmingham B11 2DG 0121 764 4024 orders@shakespearebeds.co.uk

KEY ELEMENTS: Support with all PoS initiatives currently in place or planned so the brand remains front of mind, both online and off. This would include the design and briefi ng in of all new, on-brand creatives. Support in the planning and execution of all elements for regular and ad hoc trade shows, including planning of the stand layout, liaison with stand constructors and show organisers, as well as all back-offi ce requirements. Create marketing tools and brand guidelines for our respective retail partners, assist in their implementation and regularly check on compliance. This would include regular online brand audits with any issues being passed on to the relevant account manager.

Set up marketing KPIs and metrics to measure performance of on- and offl ine activities. Help prepare brand presentations for general distribution but also to assist and support in individual account presentations.

Ability to work with all Emma data sources and assist in sales reviews of performance.

The individual will also be able to develop links with all key Emma retail stakeholders, be they the sales team or the support team of customer services and retail operations.

Computer and numerically literate. Able to check turnover and profi tability by store and by account and be able to suggest how these can be improved or enhanced.

Solid understanding of Microsoft Word, Powerpoint and Excel as well as the ability to understand and use all Emma’s various data and software sources.

You will be curious and hungry to learn and to progress to a more senior sales roles within Emma (either in the UK or abroad). LOCATION: Home based in the UK, but candidates in the Lisbon and/or Frankfurt offi ce will also be considered. There will be some requirements to be away from home overnight for trade fairs, meetings in the UK and possibly meetings in Frankfurt or Lisbon.

Please send your application and details to laura.fi bich@emma-sleep.com

Kozee.1.indd 1 EmmaJNR PF.indd 1 26/09/2022 15:36

SALES TRAINER/REPRESENTATIVE

SOUTH EAST/EAST ENGLAND

This is a fi eld-based role requiring the individual to be travelling to and visiting Emma retail stockists, with one day home-based for planning and administration. The role is primarily for supporting existing accounts, but identifying and securing new business would be a highly valuable asset. Retail stockists will cover both individual stores of major retail businesses, as well as independent accounts. KEY ELEMENTS: Developing and maintaining solid relationships with retail staff. In many cases, there will be various contact points within the store. Assessing and dealing with any retailer issues, from invoice queries to delivery orders. Maintaining PoS excellence in store. This includes ensuring that all Emma PoS is in place, undamaged and in a prominent position. Mattresses should also be checked. In-store product training so staff feel empowered to confi dently sell Emma. Ensuring all price and promotional tickets are correct, and having full details of existing and planned promotions for individual accounts. Compiling in-store (PoS excellence) reports using the Emma online processes that records all the above elements as well as being able to give a full competitive overview. The individual will also be able to develop links with all key Emma retail stakeholders. They will be computer and numerically literate, able to check turnover and profi tability by store and account, and to suggest how these can be improved or enhanced. They must have a solid understanding of Microsoft Word, Powerpoint and Excel, and be hungry to learn and progress to a more senior sales roles within Emma (either in the UK or abroad). Previous experience of sales in the bedding /furniture sector is not essential. Great interpersonal skills, an ability to work for long periods on your own and with minimal supervision will be key. A full driving licence is a pre-requisite. LOCATION: Home based in the UK but candidates in the Lisbon and/or Frankfurt offi ce will also be considered. There will be some requirements to be away from home overnight for trade fairs, sales meetings in the UK and possibly sales meetings in Frankfurt or Lisbon.

SALES AGENTS REQUIRED

23/09/2022 11:13

Harmony Beds and Furniture has been Shakespeare Beds are a leading manufacturer producing high quality established for over 15 years, importing quality hand crafted mattresses, divan bases and headboards in the heart of England. metal and wooden beds and furniture. We are now seeking to grow the company and Shakespeare Beds offer a wide range including Pocket Sprung, are therefore seeking established, well-connected agents for the following areas: Open Coil, Laygel, Staingard, Contract Range and Natural Collections. Shakespeare offer high quality bespoke models including hand side stitching and much more. Bases and headboards are offered in a range of different fabric types •North East to suit all customer requirements. •West and East Midlands •Home Counties •Northern and Southern Ireland •South East (including London) Lancashire and Yorkshire are already represented. Please contact Ramzan on 07977 183447 mohammadramzan@btinternet.com