The HBSA is supporting the NHF lead campaign to reduce the vat on the service element of the charges to customers for hairdressing.

CuttheVAT is an industry led campaign to achieve a reduction in VAT to 5% for hairdressing salons.

Everybody wins:

• Customers - VAT on hairdressing is just a direct tax on hairdressing that comes straight out of clients' pockets.
• Hairdressers - less tax on their services will create more demand, leading to more job opportunities and more training development so they do a better job for the customer and have more job security.
• Salon owners will no longer act as tax collectors, a role that makes them feel like they are taking advantage of their clients as one of the best-liked service providers in the economy.
• Government - A Dutch trial proved that deeply reduced VAT results in more jobs, more apprentices, improved business, which boosts the economy, increases the number of businesses registered for VAT, resulting in more responsible business bringing in at least as much VAT overall.

"We have argued for nearly 20 years that hairdressing salons are a special case and deserve a lower rate of VAT. Now through CuttheVAT, we plan to lobby government harder than ever before and win the support of the general public. Such an approach would be a major boost to the general public who use these services as well as to businesses both in the short term and the long term".
Harry Walker, NHF president

http://www.cutthevat.org/

Age Discrimination Update

What does the review of the national default retirement age mean for

employers?

The Department for Work and Pensions recently announced that it would review the national default retirement age a year earlier than previously planned. The default retirement age is currently set at 65. In 2006, the Government proposed that it would be reviewed in 2011, but the review is now set to start in 2010 because of the change in the economic climate.

At the moment this does not mean any change for employers. The default retirement age means that employers are able to end employees’ employment at 65. This is a fair dismissal by reason of retirement, provided the employer follows the statutory duty to consider procedure. This procedure means that at least six months before the employee’s 65th birthday the employer has to write to the employee to advise him or her of the intended date of retirement and

of the right to request to continue working. There is no obligation to keep an employee on after 65, although employers may choose to do so for commercial reasons.

The default retirement age is also the subject of a judicial review case before the High Court. The case is commonly referred to as Heyday as it was brought by a group with that name which was linked with Age Concern. The case was referred to the European Court of Justice, which held in March 2009 that it is possible to have the retirement age of 65, if it can be objectively and reasonably justified and the aim is appropriate and necessary.

The case was returned to the High Court to decide whether the retirement age of 65 has a legitimate aim. The judgment is expected this autumn.

During the consultation process, which led to the introduction of the Employment Equality (Age) Regulations 2006, various options for a national default retirement age were considered, including having a default retirement age of 70 and not having a retirement age at all. The national default retirement age of 65 was the most favoured option with the review proposed for 2011 (now 2010). Significant issues in determining whether the default retirement age is appropriate and necessary are the need to assist workforce planning and to avoid adverse effects on pensions and other employment benefits.

Can an employee take early retirement?

An employee can “retire early” if he or she chooses to do so. This is simply a resignation, by giving the employer the appropriate notice. The employee may choose to refer to the situation as a retirement. From the legal perspective, however, it is a resignation and it has to be the employee’s own decision. An employer cannot retire an employee early below the age of 65, unless the employer has a set retirement age below 65 which can be justified on objective grounds.

 

Can an employee be retired on medical grounds?

It is possible for employees to have what is sometimes called a “medical retirement” or retirement on “ill health” grounds. From the legal point of view, this is most likely to be a dismissal by reason of capability, rather than a retirement. To make sure that the dismissal is fair, the employer has to follow a fair procedure by making sure that it has had consultation meetings with the employee, considered alternative work options and obtained medical evidence, with the employee’s consent, which confirms that the employee is unable to continue working.

Should a female employee retire before the age of 65?

Although an employee can resign at any time and may view this as an early retirement, an employer cannot make a female employee retire earlier than a male colleague. This query often arises when a woman receives her pension earlier than 65, because the age at which women receive their state pension has not yet equalised with men.

However, a female employee can receive her state pension and continue in employment. To suggest that a woman retires from work earlier than a man, because she has started to receive her state pension, is potentially discriminatory on the grounds of sex.

 

HBSA Response to Hair Dyes questions from the press.

Hair Colorants

The cosmetics industry is aware of the report by J.P. McFadden et al published in the British Medical Journal of 3rd February in which the incidence of allergy to hair dyes is said to have increased over past years.

Safety is the top priority for the cosmetics industry and we take our responsibility to consumers very seriously. Hair colorants are amongst the most thoroughly researched products on the market and their safety is supported by a wealth of scientific research as acknowledged by the European Commission and EU member states. Extensive studies over many years have concluded that hair colorants are safe when used as recommended in the instructions and consumers can continue to use them with confidence.

The cosmetic industry is strongly committed to technological and scientific progress and is constantly updating the database on its ingredients with the latest research findings. We have fully co-operated with the European Commission in a comprehensive programme covering many years to evaluate the safety of hair dyes in use today and continue to do so. All of the safety data have been reviewed by the European Commission’s independent experts, the Scientific Committee for Consumer Products, and the dyes in use have been confirmed as safe, including PPD.

Reactions to hair colorants are extremely rare but can occur for a very small number of people in a similar way to almost any substance, including foods and natural products. These potential reactions can be detected by carrying out the skin allergy test as directed, 48 hours before each use of the product. This is why hair colorant products clearly display important safety instructions - both on the outer pack and the instruction leaflet contained inside. Independently reviewed scientific studies show that when carried out correctly this skin allergy test is effective in helping to detect any potential sensitivity that the consumer may have, thus minimising the chance of a reaction.

Many, many millions of consumers colour their hair each year in complete safety. By following the instructions for use, consumers can continue to benefit from today’s wide range of hair colorants.

  

Editors’ Notes:

Hair colorants are subject to the European Cosmetics Directive (76/768/EEC), which is implemented in the UK through the Cosmetic Products (Safety) Regulations 2004 (as amended). These regulations require a cosmetic product not to cause harm to human health in normal or reasonable foreseeable use and to that end, each cosmetic product must undergo a safety assessment by a duly qualified professional safety assessor before being placed on the market. This assessment must take account of each of the ingredients, the intended use and the instructions for use.

 

CF 01.02.07

Where there is smoke there is fire...

New legislation will come into force shortly with regards to smoking in the workplace. The legislation was introduced into Parliament in October 2005 and can be read by members at the site below.

This was the statement issued by the department of health.

Thousands of lives in England will be saved thanks to a ban on smoking in public places, Secretary of State for Health, Patricia Hewitt announced today. The Health Bill delivers the pledge in the Choosing Health White Paper to ban smoking in all enclosed public places apart from licensed premises that do not serve or prepare food and private members' clubs. 

This decision reflects the Government's commitment to reduce smoking and to cut the number of smoking related deaths. 

The measures will take effect from the summer of 2007. Their impact will be monitored from the outset and a review completed at the end of three years.

Introducing the measures, Patricia Hewitt said:

"This package is a huge step forward for public health and will help reduce deaths from cancer, heart disease and other smoking related diseases   Not only will we be able to protect non-smokers and the large majority of pub workers from the harmful effects of secondhand smoke, but we will also provide smokers with an environment where it will be easier to give up.  By bringing forward the implementation of the ban to 2007, we are ensuring that benefits will reach the public sooner. By then 99% of employees will be working in a smoke free environment. Currently, only 51% of people report their workplace as being completely smoke free."

"We believe that these proposals offer the right balance between reducing the public health risk whilst allowing an element of choice for those who do want to smoke with a drink to do so in a way which has minimal impact on other people."

http://www.publications.parliament.uk/pa/cm200506/cmbills/069/2006069.pdf