Contracts, HR, and Health and Safety

define a contract

Legal agreement (based on common law) between two or more “parties”, who must

• be competent

• intend to make the contract

• receive/provide a “consideration”

define a software contract

• An agreement (with signatures etc.)

• Standard terms and conditions?

what might be in a scheduling contract

• What is to be supplied Price, deadlines, payment terms

• Legal rights (ownership of code, etc.)

• Confidentiality

• Delays, changes, penalty clauses

• Client obligations (facilities provided)

• Milestones (progress meetings)

• Management procedures

• Acceptance procedures

• Warranty, maintenance

• Indemnity

• Termination

• Arbitration

• “Applicable Law”

what might be in a consultancy contract

• Liability

• Confidentiality

• “Terms of reference”

• Control over deliverables

[software contracts]

• Licences 1 machine or many

• Copies / copy protection

• Defective software

• Unfair Contract Terms Act 1977

what is HR

• Human Resources, handles

• Recruitment and selection

• Redundancies, dismissal and grievances

• Staff support and development

• Appraisals

• Remuneration policy

list things that can be discrimination

• Protected characteristics

• Gender, race, religion, sexual orientation, marital/partnership status, pregnancy/maternity

• Age

• Disability

  • Software, web access

  • Web Content Accessibility Guidelines (WCAG)

ways to overcome discrimination

• Recruitment job adverts

• Equal opportunities policy

• Workplace education / training

• Culture of respect

• Enforcement / deal with complaints fast

• Policy review

what is the Athena SWAN Charter

• a framework used across the globe to support and transform gender equality within higher education and research.

• Established in 2005 to encourage and recognise commitment to advancing the careers of women in STEMM employment.

• The Charter is now used to address gender equality more broadly, and not just barriers to progression that affect women.

• Covers academic roles in STEMM and AHSSBL, professional and support staff, and trans staff and students.

what is affirmative action

• Includes laws, policies, guidelines, and administrative practices.

• Used to improve educational opportunities for underprivileged minority groups that are commonly (and historically) discriminated against minority races, genders, and sexual orientations.

• Promotes diversity, reduces socio-economic differences, reduces stereotypes.

• Has potential disadvantages: conflict with discrimination legislation

health and safety legislation

• Factories Act 1961

• Health and Safety at Work Act 1974 (Robens Report) general duties rather than specific requirements

what is the HSE

• Health and Safety Executive (HSE) is the UK government body responsible for enforcing health and safety at work legislation

• HSE can investigate and enforce

what is the RIDDOR

• Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (2013)

• “reportable” accidents include:

  • Death of any person Specified injuries (fractures, amputations, serious burns, ...)

  • Over-seven-day incapacitation of a worker

  • Non fatal accidents to non-workers

  • Occupational diseases (occupational cancer, tendonitis, ...)

  • Dangerous occurrences (27 categories of “near miss”)

  • Gas incidents

duties of employers, For all employees, public and contractors

• Provision and maintenance of safe plant

• Safe systems of work

• Safe use of articles and substances

• Safe condition of workplace

• Provision of information, instruction, training, supervision

employer duties for > 5 employees

• Statement of safety policy provided to all employees

• Consultation with safety reps (including those appointed by recognised trades unions) and creation of a safety committee

big health and safety issues for computing

• Overuse injuries, RSI

• Musculoskeletal injuries

• Eye fatigue

• EM emissions