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Facilities Management Journal March 2017

GLOBAL FM – LEGAL LEGAL VIEW - EMPLOYMENT 8 MARCH 2017 SERVEST SCOOPS PPP FM AWARD IN SOUTH AFRICA Servest has been named winner of the SAFMA (South African Facilities Management Association) Public Private Partnership Facilities Management Award of the Year. The accolade was presented to Servest for its ability to exceed expectations, deliver measurable benefits and demonstrate a positive impact through the provision of an integrated facilities management service for the South African government’s Department of Statistics. More than 200 dedicated Servest employees off er a multifaceted FM solution to the 90,000 m2, purpose-built government facility in Pretoria, which has a five Star Green Building rating. Servest self-delivers every service, including cleaning, catering, security, interior landscaping and grounds maintenance, to the building that houses 2,500 staff . Servest won the contract last year due to the Group’s impressive track record with similar PPP contracts in Botswana, and the ability to self-deliver every element of the off ering. The public private partnership will run until 2041. ISS SECURES GLOBAL IFS DEAL WITH SHIRE ISS has won a five-year integrated facility services contract with global biotechnology company Shire. The contract award builds on an existing customer relationship between the two firms and has been expanded in both scope and geographical footprint to include more than 40 countries. With a phased-in commencement from 1 June 2017, the contract will allow Shire to focus on its core business while ISS focuses on optimising and standardising select non-core processes within integrated facilities management, maintenance, and engineering. The services cover catering, janitorial, building maintenance, waste management, pest control, landscaping, cleaning, uniforms & gowning, security, and other facility services. ISS has a large customer portfolio within pharma and biotech companies. ISS Germany recently announced it had signed a five-year facility services deal with global pharmaceutical company, Teva Pharmaceuticals Industries. WHEN IS AN EMPLOYEE NOT AN EMPLOYEE? By Tar Tumber, HR Consultant International Workplace Recently the Court of Appeal dismissed an appeal by Pimlico Plumbers by upholding ">?#@ "#B access to reasonable adjustments and holiday pay. The case of Pimlico Plumbers and Charlie Mullins v. Gary Smith is the latest in a long line of rulings on the so-called ‘gig’ economy, and ## high-paid trades and professions. Smith brought the case to the Employment Tribunal (ET) in 2012, claiming that he was unfairly or wrongfully dismissed by DDF #H '?#DDJ= between August 2005 and April 2011. The case follows similar #L=O?" have also found in favour of the Claimant. Arguments over employment status have been around for many years in the UK and it can be a confusing area of law. Pam QQVW;Q "#" result in unforeseen costs for the unsuspecting or naively optimistic ‘employer’ and potential exposure to legal claims. “A truly self-employed contractor has no employment rights but is protected by laws designed to ensure health and safety #"='V this sense is little more than a commercial entity, engaged in a business-to-business transaction. They perform a contract for services, rather than being a party to a contract of service. ;V#"="= relationship which carries with it many more rights and "'X# Y="Z#X # #J:- "'X# minimum level of paid holidays each year. They are protected \YV# from a protected characteristic. ;X#""= #""' This adds the right not to be unfairly dismissed after two years’ service and the right to be compensated if they are made '< X"# #B"=^ FZ"#" should ring alarm bells for companies who are using selfemployed people as part of their service provisions. Should we #"""_Z ""# "#@"' But the Tribunal outcome doesn’t mean that all companies will #kX #=B employment status. As a business, understanding whether you employ someone and on what basis, is vital. It determines your overheads, your J"J"#'* "' SERVICE WORKS GROUP LAUNCHES GLOBAL PPP SURVEY Facilities, property and workplace management soft ware provider, Service Works Group (SWG), has launched a new survey exploring the operational phase of PPP (public-private partnership) projects, in collaboration with industry journal, Partnerships Bulletin and its sister publication, P3 Bulletin. PPP contracts now play a prominent role in a large percentage of public infrastructure projects. PPP arrangements seek to have a mutually beneficial eff ect on the market by helping to reduce the financial and operational burden on public authorities, while also simultaneously helping private industry gain a foothold in large scale and long-term infrastructure projects. Unlike traditional procurement, the public sector integrates all components of a PPP project into one performance-based contract. It’s this oft en complex arrangement that has provided the rationale for SWG’s latest piece of market research. The survey is open to industry professionals to gather insight and identify trends on the optimisation of operational and contractual procedures for future PPP projects. The results from the poll are due to be published in April 2017. INDUSTRY INSIGHT FMJ.CO.UK


Facilities Management Journal March 2017
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