Minister for Construction among proposals in Forum manifesto

Minister for Construction among proposals in Forum manifesto

In an unprecedented show of co-operation, commitment and collaboration, the construction industry in Scotland has come together to issue its first-ever manifesto detailing the crucial steps which need to be taken to secure a viable and sustainable future for the sector.

Acting through the CICV Forum, a comprehensive range of trade associations, professional bodies, companies and individuals have signed up to the manifesto’s proposals.

First among the proposals, published in the run-up to the Scottish Government elections in May, is a plea for a dedicated Government Minister for the construction industry, which would recognise its importance both to the recovery and to a net zero-carbon future.

As well as a Minister for Construction, the manifesto proposes:

  • A Chief Construction Adviser who would support the Minister and focus on delivery aligned with whole asset performance
  • The development of an effective public sector maintenance and improvement programme
  • The establishment of a VAT reimbursement fund for home repair and maintenance with a role for the Scottish National Infrastructure Bank
  • Investment in affordable homes
  • Development of the skills arena
  • The introduction of a cycle network within the infrastructure investment plan
  • The encouragement of conflict avoidance.

The Forum points out that 175,000 people, including 10,000 apprentices, work directly in the sector in Scotland – 10% of the total workforce. It also contributes £21.5 billion to the country’s GDP and is a major economic multiplier, generating £2.94 for every £1 spent.

Hew Edgar, Associate Director of Policy at the Chartered Institute of Building (CIOB), and Chair of the Forum’s Future Planning sub-group, said: “This manifesto is a declaration of intent, emerging from the environment of collaboration and co-operation which the CICV Forum has fostered during the COVID-19 pandemic.

“This is the industry speaking with one voice, with an aim to benefit the future health, wealth and wellbeing of the country.”

The manifesto is also designed to support the next government’s plans to meet Scotland’s ambitious targets on net zero, reduced energy use, decarbonisation, climate change, and other principal policy objectives around accessible, sustainable places and inclusive economic growth.

And Mr Edgar added: “In offering these proposed policy initiatives, the CICV Forum and its members demonstrate that they will continue to engage positively with the next Scottish Government, representatives in Holyrood and the wider sector to provide intelligence, best practice and advice.”

Iain McIlwee CEO at FIS responded “It is great to work with colleagues in Scotland through the CICV and present this coherent document to the now Scottish Government and have it ready to continue the debate when the new Government forms in the summer”.

The manifesto is the latest initiative from the CICV Forum, which was established last March to protect and guide the industry through the ravages of the pandemic,

Made up of trade associations, private companies and professional bodies, it has drawn on the collective expertise of its members to maintain a steady supply of information and practical advice to the sector.

  • Download the manifesto here.
SME’s can continue to claim back coronavirus‐related SSP

SME’s can continue to claim back coronavirus‐related SSP

Employers with fewer than 250 employees can continue to use the Coronavirus Statutory Sick Pay Rebate Scheme to claim back coronavirus‐related SSP, including for employees who have been advised by letter to shield because they are clinically extremely vulnerable. Claims should be submitted via the online service, and you can make more than one claim per employee, but you cannot claim for more than two weeks in total. There is currently no indication of when the scheme will end.

FIS Signs the RICS Conflict Avoidance Pledge

FIS Signs the RICS Conflict Avoidance Pledge

FIS has joined other leading construction groups in signing the RICS Conflict Avoidance Pledge.  Commenting on the signing, FIS CEO, Iain McIlwee stated:

“Signing the pledge underpins our commitment to creating a better environment for our supply chain.  It isn’t rocket science, in fact it underpins many of the values we expect of the FIS community and were instilled in me by my Mum!  The Pledge is about creating and maintaining good business relationships, and dealing with problems early and amicably and working collaboratively to ensure projects are delivered on time, on budget and without the need to waste huge amounts of money on legal disputes.

The construction industry spends around 1.6% of its total expenditure in the UK on legal services, which compares unfavourably to the UK economy’s median spend of 0.8%.  This is because we have created an adversarial environment built on win lose contract negotiations.  We have made the contract more important than the project – we have even started calling ourselves contractors rather than constructors!  We need to consign this 20th Century thinking to the past as it stands in the way of progress and undermines attempts to drive up quality and reduce waste.  The RICS Avoidance Pledge and corresponding Conflict Avoidance Process (CAP) are part of an industry wide commitment to change this and we are eager to support and encourage others in and around our community to do the same”.

Martin Burns, Head of Dispute Resolution Services (DRS), Research & Development at the RICS stated:

“It is great that we have leading trade bodies like FIS supporting the pledge and actively encouraging their members to sign and adhere to the terms laid out.  The culture in construction needs to change, but change will openly happen when enough people take that first step to being better and believe that others can and will change too.”

As part of signing, FIS is encouraging all members to sign the Conflict Avoidance Pledge and working with wide industry groups to ensure that the core principles are embedded in future editions of standard construction contracts.

We believe in collaborative working and the use of early intervention techniques throughout the supply chain, to try to resolve differences of opinion before they escalate into disputes.

Wording of the RICS Conflict Avoidance Pledge

We recognise the importance of embedding conflict avoidance mechanisms into projects with the aim of identifying, controlling and managing potential conflict, whilst preventing the need for formal, adversarial dispute resolution procedures. We commit our resources to embedding these into our projects.

We commit to working proactively to avoid conflict and to facilitate early resolution of potential disputes.

We commit to developing our capability in the early identification of potential disputes and in the use of conflict avoidance measures. We will promote the value of collaborative working to prevent issues developing into disputes.

We commit to work with our industry partners to identify, promote and utilise conflict avoidance mechanisms.

On signing the pledge an organisation will be listed on the Conflict Avoidance Directory as Bronze, Silver or Gold.

Bronze verified – This indicates that the individual, business or organisation is a signatory to the CA Pledge.

Silver verified – This indicates that the individual, business or organisation is a signatory to the CA Pledge AND has taken formal steps to incorporate policies to give effect to their commitment to avoiding and effectively managing disputes.

Gold verified – This indicates that the individual, business or organisation is a signatory to the CA Pledge AND has taken formal steps to incorporate policies to give effect to their commitment, conflict avoidance and dispute management procedures AND is actively engaging in such policies.

Visit the FIS Contractual and Legal Hub here

Guidance from BuildUK: Delivering On-Site Training

Guidance from BuildUK: Delivering On-Site Training

Following the reopening of schools and colleges on 8 March, the Department for Education (DfE) has confirmed that on‐site training can resume for students of all ages in the following further education (FE) settings if a provider follows the operational guidance:

• Sixth form colleges
• General FE colleges
Independent Training Providers (ITPs) ‐ defined as organisations that receive Education and Skills Funding Agency (ESFA) formula funding for the provision of 16 to 19 education
• Designated institutions
• Adult and Community Learning Providers (ACLPs)
• Special post‐16 institutions.

The National Construction Colleges in Bircham Newton (East) and Erith (South) are gradually reopening, with their apprentices due to return from 22 March. All FE providers should continue to follow pre‐COVID‐19 guidance for adult students and “judge the right balance between on‐site and remote delivery in order to provide high quality education and training”.

Apprenticeship providers should also read the current apprenticeships guidance, which confirms that FE apprentices may now return to training and assessment in educational settings, in addition to the training and assessment that is currently permitted in the workplace where the apprentice cannot work from home and the workplace is COVID‐19 secure.

There has not been any further guidance issued about resuming face‐to‐face training in the workplace. Companies will need to determine if any training required can be undertaken remotely or is essential at this time, as they may be required to explain how they are complying with the current ‘stay at home’ restrictions.

COVID-19: Preparing for spot checks

COVID-19: Preparing for spot checks

During the COVID-19 pandemic, businesses have been encouraged to follow government guidance and ensure workplaces are COVID-19 secure.  As the regulator, the Health & Safety Executive (HSE) is tasked with enforcing these measures and has been visiting workplaces to confirm that they are in place. Your premises may therefore be visited by contractors working on behalf of the HSE.

These contractors will have appropriate ID and authorisation letters that empower them to undertake visits and spot checks. They should ask for someone in authority on site and will then ask questions from the list below.  This latest piece of guidance from the CICV (supported by FIS) is a handy checklist of questions to help businesses prepare for spot checks and health and safety inspections.

You can download the checklist here

Off-payroll reform – changes to IR35 and the impact on Labour Only Subcontracting

Off-payroll reform – changes to IR35 and the impact on Labour Only Subcontracting

Tax expert Paul Mason from Markel talked through the changes, how to ensure your business is compliant and vitally how you should be communicating with any contractors working through your business, whether they be trade based labour only subcontractors, surveyors, engineers or IT contractors.

The off-payroll working rules (IR35) apply to any worker/contractor that contracts through their own limited (personal services) company. The rules are designed to ensure that workers, who HMRC assert should be classed an employee, pay broadly the same tax and National Insurance contributions as employees.

From 6 April 2021, responsibility to identify the status of the worker and ensure tax is paid is shifting to the company engaging the contractor. This applies to medium or large-sized private businesses, essentially all companies who meet two of the following three criteria:

• turnover is greater than £10.2m a year;
• balance sheet assets are greater than £5.1m
• have more than 50 employees