Five new laws that could affect your rights at work in 2020 – Somerset Live

Thank you for subscribingSee our privacy notice

The year 2020 is set to see a range of new laws come into effect.

Here are five key employment law changes that could affect you at work, as explained by Abigail Hubert of Birketts LLP to The Gazette.

From how holiday pay is calculated – to the leave you can expect when you are grieving – these are worth knowing.

Improved rights for agency workers

‘Swedish Derogation,’ also known as ‘pay between assignments’ contracts would previously see agency workers agree a contract that would remove their rights to equal pay with permanent counterparts after 12 weeks working on the same assignment.

From April 6, these will no longer be permissible and agency workers who have been in their employment for 12 weeks will be entitled to the same pay as those on permanent contracts.

Agency workers will have more rights

As well as this, all agency workers will be entitled to a key information document that more clearly sets out their employment relationships and terms and conditions with their agency.

Agency workers who are considered to be employees will be protected from unfair dismissal or suffering a detriment if the reasons are related to asserting rights associated with The Agency Worker Regulations.

Holiday pay calculations changing

From April 6, the reference period to calculate a ‘week’s pay’ for holiday pay purposes will be extended from the previous 12 weeks of work to the previous 52 weeks.

This could affect employees who work variable hours seasonally.

New parental bereavement leave

In September 2018, a new workplace right for paid leave to be given to bereaved parents was officially enshrined in law.

The first of its kind in the UK, the Parental Bereavement Leave and Pay Act 2018 is expected to come into force in April 2020 and will give employed parents the right to two weeks leave if they lost a child under the age of 18 or suffer a stillbirth from 24 weeks of pregnancy.

Employed parents will also be able to claim pay for this period, subject to meeting eligibility criteria.

New right to a written statement of terms

Currently, employees who have been continuously employed for more than one month must be provided with a written statement of terms within two months of employment commencing.

From April 6, all new employees and workers will have the right to a statement of written particulars from their first day of employment. Additional information will have to be included as part of the extended right.

Read More

Accountability for tax shifting

At present, the IR35 rules apply where an individual personally performs services for a client through an intermediary. If the services were provided under a direct contract, the worker would be regarded for tax purposes as being employed by the client.

Currently, it is the intermediary’s responsibility to determine whether IR35 applies.

From April 6, changes to IR35 rules will be implemented for medium and large businesses in the private sector and will largely mirror changes that took effect in the public sector in 2017.

Under the new regime, for all contracts entered into, or payments made on or after April 6, the onus will shift from the intermediary to the end user client to make a status determination.

Responsibility for accounting for tax and national insurance will shift to the party who pays for the individual’s services, known as the ‘fee-payer.’

Read More

To subscribe to our daily newsletter, enter your email address into the box at the top of this story

To keep up to date with our latest news, follow us on Facebook and Twitter              

Find our Bath Facebook page here or Somerset’s can be found here           

Alternatively, follow us on Twitter –  @BathLive and @SomersetLive

Related posts

Coronavirus live updates: U.S. death toll nears 55,000

person

The U.S. coronavirus death toll neared 55,000 early Monday, with more than 972,000 confirmed cases, according to NBC News’ tally.

The grim milestone comes as the White House coronavirus task force coordinator Dr. Deborah Birx warned that many of the social distancing measures that have upended American life will be a fixture through the summer.

To get a more accurate picture of the virus’ spread, the U.S. needs a “breakthrough” on coronavirus testing, she said on NBC News’ “Meet the Press” Sunday.

Meanwhile in Italy, Europe’s hardest hit country, the prime minister laid out plans for a phased end to restrictions, including the opening of restaurants and libraries in mid-May.

Download the NBC News app for latest updates on the coronavirus outbreak.

45m ago / 12:13 PM UTC

British Grand Prix could take place behind closed doors, French race cancelled

The British Grand Prix and French Grand Prix are the latest global sporting events to be affected by coronavirus.

France has called off its event altogether, while Britain’s race might take place without fans this year as the U.K. government continues to ban large gatherings to prevent the spread of coronavirus.

Silverstone, the track that has hosted the race since 1952, said it was discussing with the government a plan to show the event on TV for free instead. Silverstone said it would give health care workers tickets for the 2021 event.

✍️An update from our Managing Director, Stuart Pringle about the Formula 1 Pirelli British Grand Prix 2020. pic.twitter.com/APIXq8F2OS

— Silverstone (@SilverstoneUK)

Nursing home industry pushes for immunity from lawsuits during coronavirus emergency

As the COVID-19 death toll at nursing homes climbs to nearly 12,000, the nursing home industry is pushing states to provide immunity from lawsuits to the owners and employees of the nation’s 15,600 nursing homes.

So far at least six states have provided explicit immunity from coronavirus lawsuits for nursing homes, and six more have granted some form of immunity to health care providers, which legal experts say could likely be interpreted to include nursing homes.

Patient advocates worry that nursing homes accused of extreme neglect could avoid liability.

“I can’t even believe this is a topic of discussion,” said Anny Figueroa, whose 55-year-old mother was a resident at Andover Subacute & Rehab Center in New Jersey, where law enforcement discovered 17 bodies in a makeshift morgue this month.

1h ago / 11:52 AM UTC

Italian expat in Sweden shows off country’s lack of restrictions

An Italian PhD candidate living in Sweden has documented the “parallel universe” of daily life in Sweden, a country where the government has not enforced strict social distancing measures amid Covid-19.

Alessandra Palusco, 28, who is studying at the University of Orebro, posted several videos on social media showing life in Sweden and the difference with countries living under lockdown. Palusco told NBC News via text message that she lied to her family back in Italy to reassure them that locals are wearing masks in public,”otherwise they would go crazy.”

Sweden’s Foreign Minister Anne Linde denied in a news conference on April 17 that “life goes on as normal in Sweden,” but Palusco believes that the Swedish government has not taken firm enough action on the virus. “I really don’t understand, if they implement certain measures, it means that they basically know that the situation is dangerous,” Palusco told NBC News.

“Masks do very little, if anything at all”. We wont forget the way you misinformed people, and this is the result 👏👏👏 @Folkhalsomynd #COVID19 #COVID19sverige #covid19swed pic.twitter.com/BaUEDro1J4

— Alessandra • 桑德拉 (@alex_paiusco)

1h ago / 11:37 AM UTC

Salons, florists and garden centers allowed to reopen in Switzerland

Hospitals in Switzerland reopened for outpatient and non-urgent procedures on Monday as the country began easing measures put in place to contain the coronavirus outbreak. 

Beauty salons, DIY stores, garden centers and florists were also permitted to reopen, the government announced as it laid out its staged plans to lift the lockdown. On May 11th, elementary schools and other shops will be allowed to reopen “if the situation allows,” the government said in a statement. Then in June, high schools, zoos and libraries will be allowed to open their doors.

Switzerland has nearly 30,000 confirmed cases of COVID-19 and 1,600 deaths since the pandemic began.

2h ago / 11:19 AM UTC

Two funeral home workers in Harlem, N.Y. said they are turning away families whose loved ones have died because there are more bodies than they can handle.

“We want to be able to help everyone,” manager Alisha Narvaez told “Kasie DC” Sunday evening, adding that they often have to tell families to call back because they have no room. Both women, who work at International Funeral and Cremation Services, said the emotional toll of helping the families weighs heavily on them.

“Just today I had a family call because they’re pretty much at the cut-off time for the hospital to hold their loved one. And out of desperation, she cried to us and she begged,” said funeral director Nicole Warring, adding the woman was fearful her father would end up buried in an unmarked grave. “It’s tough when we just don’t have the capacity.”

Iran to open mosques in areas with few coronavirus cases

Iran plans to loosen restrictions in some parts of the country by classifying regions as either white, yellow or red based on the spread of the coronavirus, President Hassan Rouhani has said.

Iran has been one of the Middle East’s worst hit countries with more than 91,000 cases of coronavirus recorded as of Monday, as well as around 5,800 deaths.

2h ago / 10:37 AM UTC

Nearly 2 million people download Australia tracking app

More than 1.8 million people downloaded a new tracking app released by the Australian Government that claims to “speed up contacting people exposed to coronavirus,” according to the country’s Health Department.

COVIDSafe is available to all Australian residents, though participation is not mandatory. It tracks the movement and interaction of residents with the aim of quickly locating and informing anyone that may have been in contact with someone who has tested positive for COVID-19. If a user tests positive, the other users of the app that have been in close proximity to that initial user will be informed so they can get tested and isolate themselves. Health officials will not name the person who was infected.

Officials have said 40 percent of the population will need to download the app for it to work effectively. Australia has been one of the most successful countries in fighting the coronavirus pandemic, recording just 83 deaths and 6,700 cases.

3h ago / 9:53 AM UTC

Italy’s prime minister lays out plan to slowly reopen in May

Construction workers and factories will restart in Italy on May 4, Prime Minister Giuseppe Conte said as he laid out plans for a phased end to the country’s strict nationwide lockdown. 

Public parks will reopen then as will restaurant takeout and delivery services. “We will live with the virus and we will have to adopt every precaution possible,” Conte said Sunday evening. Shops, museums, exhibitions and public libraries will reopen on May 18, and hairdressers, bars and restaurants will be open from June 1. Schools however, will remain closed until September.

The announcement comes a week after the country reported its first decline in the number of people sick with coronavirus since the virus hit. The country has recorded 26,384 coronavirus deaths and 195,351 confirmed cases.

Related posts

February 2020 restaurant inspections in Livingston County

February 2020 restaurant inspections in Livingston County

Jennifer Timar
Livingston Daily
Published 6:30 AM EST Mar 3, 2020

Of the Livingston County restaurants inspected in February 2020, priority and priority foundation violations were found at 29 locations. 

Each month, the Livingston County Health Department inspects some businesses and schools that serve food. 

The Livingston Daily publishes reports on the most serious violations — ones that could lead to contamination of food or increase the risk of transmitting a foodborne illness — as well as corrective measures taken.

Four priority violations were found at:

Hartland Sports Center

2755 Arena Drive, Hartland Township

There were three spray bottles not labeled as to their contents. The person in charge labeled the bottles properly at the time of the inspection. There was no soap at the hand sink. Soap was available upon the inspector’s return. There were no paper towels at the hand sink. A new shelf was not allowing staff to open the dispenser and refill. Upon the inspector’s return, there was a dispenser available and paper towels were stocked in the dispenser. There was no chlorine test kit available. The facility decided to use quaternary sanitizer instead.

Horseshoe Lounge

10100 W. Grand River Ave., Fowlerville

The dish machine was not dispensing the proper amount of sanitizer. It was suspected that the product was expired. A new container of sanitizer was added and proper sanitizer concentrations were restored. The hand sink in the main kitchen was soiled with food residue. Coleslaw and ranch dressing prepared on Feb. 3 were labeled with a discard date of Feb. 20. Foods that are time and temperature controlled for safety cannot be held more than seven days. A proper discard date label was attached at the time of the inspection. No detergent was being dispensed in the dish machine because the container was empty. A new detergent container was added at the time of the inspection.

RELATED: 15 most common restaurant violations in Livingston County

Three priority violations were found at:

440 W. Main Street, Brighton

A pan of cooked chicken wings was holding at 50 degrees in the grill line prep cooler. A container of coleslaw was holding at 46 degrees. Upon further investigation, other items were also holding in the 41-to-50 degree range. All refrigeration equipment was working properly. It was suspected that the food items were left out at room temperature during the prep process. Some of the items are transferred from the basement walk-in unit on rolling carts. Those items may have been sitting on the cart for an extended period of time at room temperature. A tall plastic container of grits was cooling in an ice bath. The product was placed into an ice bath approximately 20 minutes earlier and was still approximately 200 degrees. The grits were transferred to a large shallow metal pan for proper cooling. Short ribs prepared two days prior to the inspection were cooled in a deep pan. No temperature violations were confirmed, but this method will not likely ensure proper cooling. Two refillable spray bottles containing cleaning chemicals were not labeled. The bottles were labeled at the time of inspection.

An infographic shows proper temperatures food should be held at to minimize the risk of foodborne illness.
Livingston County Health Department

Great Lakes Family Restaurant

963 S. Grand Ave., Fowlerville

Home-prepared foods were being stored in the walk-in cooler. The items included several 5-gallon buckets of cut tomatoes in a vinegar solution, which were prepared by a family member. The items were removed at the time of inspection. A pie cooler was holding food at 50 degrees. Cream pies and cheesecake were discarded. The pie cooler has been taken out of service and a new unit was ordered. Cream pies are now stored in another unit. A refillable spray bottle containing a chemical degreasing solution did not have a label. Proper chemical labeling was observed upon the inspector’s return.

Jimmy John’s

1504 Lawson Drive, Howell

An employee touched the computer ordering screen while wearing food handling gloves. They returned to prep food without changing the glove. Several employees did not wash their hands before wearing new food handling gloves. Both hand sinks were blocked by equipment. One hand sink was being used to store a water pitcher for the bread-making equipment. The other hand sink contained a sanitizer bottle.  The items were removed at the time of the inspection.

8515 W. Grand River Ave., Brighton

There were multiple employees improperly washing their hands. One employee washed their hands less than the required time and proceeded to use their pants to dry their hands. Another employee washed their hands less than the required time and did not dry their hands. Multiple employees changed soiled gloves but did not wash their hands properly as there were no paper towels to be found at any of the hand sinks in the kitchen. There was shredded lettuce on the line without time stamps. There were no paper towels at either hand sink in the kitchen. An employee was sent to the store during the inspection.

Mimi’s Diner

5589 E. M-36, Pinckney

There was rice in the steam table that had been placed there about an hour and 45 minutes prior. It was at 120 degrees. The steam table should not be used to reheat foods because it takes too long. It was reheated properly to over 165 degrees in the microwave oven and placed back into the steam table. The chlorine sanitizer concentration in the dish machine was too high. It was adjusted. Foods were being improperly cooled in the walk-in cooler. Mashed potatoes and rice were in containers 6-to-8 inches deep with the plastic wrap slightly uncovered on the edge. The rice was already cold, but the potatoes had been placed there an hour and half before and were at 100 degrees. They were moved to uncovered shallow pans. Sausage patties were being cooled in a covered shallow pan and were at 67 degrees. The cover was removed so that the heat was not trapped in. 

Old Hickory Bar

7071 Bennett Lake Road, Fenton

The cooler next to the fryer was holding food at 49 degrees. Deli meat, sliced tomatoes, burger patties and dressing were discarded. Upon the inspector’s return, there were no items in the cooler at time of inspection, but the ambient air read a proper 40 degrees. The in-use knives and utensils were being switched out every shift, which is typically eight hours. The in-use utensils that are in contact with food that is time and temperature controlled for safety need to be washed, rinsed and sanitized at least every four hours. Raw beef was stored in the walk-in cooler above bottled drinks. It was moved away from ready-to-eat food.

MORE: Chiropractic, massage clinic opens on Cleary campus

MORE: Brighton bakery to be featured on Home Shopping Network

Two priority violations were found at:

Jersey Giant Subs

3813 Tractor Drive, Howell

Tomatoes and lettuce had been put out at 11 a.m. and 1 p.m., respectively, but were not marked to indicate the time they were removed from the cooler and the time they must be discarded (4 hours later). They were marked during the inspection. The hand sink in the dish-washing area was blocked by buckets and a cart. They were moved.

Jets Pizza

120 W. Highland Road, Suite 800, Howell

A couple a bottles of cleaner were stored on the prep table near food. They were moved to the chemical storage room. Always store chemicals away from food and clean equipment. There were a couple spray bottles of sanitizer missing labels. They were labeled during the inspection.

Mary’s Fabulous Chicken & Fish

2429 E. Grand River Ave., Howell

A cook came into work, took an order, put food handling gloves on and made the food without washing his hands first. He washes his hands. Several onions in a bin in the walk-in cooler had white mold growth. All of the onions were discarded.

Snappers on the Water

6484 Bennett Lake Road, Fenton

There was a container of moldy food dated from December. It was discarded. There were some cans that were leaky and rusted. They were set aside to be returned.

St. John Catholic Church

2099 Hacker Road, Howell

The two-door cooler in the kitchen is holding food at 60 to 65 degrees. Sour cream, yogurt, milk and sauerkraut with sausage were discarded. There was a large pot of tomato sauce that was improperly cooled in a large container in the cooler. The cooler was broken. The sauce was at the same temperature as everything else (60 to 65 degrees). It was discarded.

Tubby’s Sub Shop

9912 E. Grand River Ave., Ste 500, Brighton

A food handler used gloves that touched raw meat to begin to assemble ready-to-eat sandwich ingredients. She was stopped and told that she must wash her hands and put a new pair of gloves on before touching ready-to eat food. She washed her hands and donned a new pair of gloves. The solution used to wipe down the cutting board contained too much chlorine. Water was added.

One priority violation was found at:

3949 W. Grand River Ave., Howell

A dicer in the cleaned dish area contained food particles. It was cleaned.

Brighton Coffeehouse and Theater

306 W. Main Street, Brighton

The automatic dish machine was calibrated for chlorine sanitizer, but the unit contained quaternary sanitizer. It resulted in sanitizer concentrations that were too weak. The quaternary sanitizer was removed and replaced with proper chlorine sanitizer. Proper sanitizer levels were restored.

Buffalo Wild Wings

9745 Village Place Blvd., Brighton

Foods in a prep cooler were holding 50 degrees in the upper compartment and 45 degrees in the lower compartment. Large metal containers of ranch and blue cheese dressings were holding at 50 degrees. The products were stored on ice, but the amount of ice was not adequate. Ranch and blue cheese dressings, cut tomatoes, cut lettuce, salsa and dairy products were discarded. Upon the inspector’s return, the cooler was repaired and a larger, taller ice bath was being used to hold dressings. 

Community Congregational U.C.C.

125 E. Unadilla Street, Pinckney

The dish machine was out of chlorine sanitizer. The container was tipped to the side to make sure that the machine was pulling the sanitizer, which it was. The bleach will be replaced before the next event.

Emagine Theater

10495 Hartland Square Road, Hartland Township

The dish machine was getting stuck in a cycle where it did not activate the hot water sanitizing cycle. It was repaired.

Hungry Howies

2560 E. Grand River Ave., Howell

An open container of grilled cooked chicken and sausage had a use-by date that had passed. It was discarded.

Jimmy John’s

750 W. Grand River Ave., Brighton

The facility uses both chlorine and quaternary sanitizers. However, only quaternary test strips were available. Chlorine test strips were purchased.

Mt. Brighton Resort

4141 Bauer Road, Brighton

No paper towels were available at the hand sink at Bruin’s Bar. Towels were provided at the time of inspection.

6995 W. Grand River Ave., Brighton

Hot dogs in a reach cooler were kept past their use-by date. They were discarded.

Stout Irish Pub

125 E. Grand River Ave., Brighton

Cooked cabbage, cooked pasta noodles and house-made pizza sauce were expired. The items were discarded.

Sunrise Family Diner

2375 E. Grand River Ave., Howell

A line cook cracked eggs, changed food handling gloves and put a new pair of gloves on before touching ready-to-eat food without washing their hands. 

Sushi Zen

114 W. Grand River Ave., Brighton

A staff member touched dirty dishes while loading them into the dish machine. He began to put clean dishes away without washing his hands.

Wendy’s

1022 S. Michigan Ave., Howell

An employee with painted fingernails was performing food-related tasks such as scooping fries without gloves on. 

Whispering Pines Golf Club

2500 Whispering Pines Drive, Pinckney

The interior of the ice machine had some mold growth. During the golf season it is routinely cleaned, but the club had not been open for a while. 

Wong Express House

9912 E. Grand River Ave., Brighton

A slicer had an accumulation of dried food on the back of the blade. It was taken apart to be cleaned. Grease accumulation was found in between and around equipment.

READ MORE LIVINGSTON COUNTY RESTAURANT INSPECTIONS:

Contact Livingston Daily reporter Jennifer Timar at 517-548-7148 or at jtimar@livingstondaily.com. Follow her on Facebook @Jennifer.Timar99 and Twitter @JenTimar99.

Related posts

Death, Diarrhea and Late Night Sackings: The Inside Story of an Unfolding Staff Nightmare at UBA and Dangote

person

Last November, thousands of Lagosians including hundreds of UBA Bank employees attended what was billed as the ‘party of the year’ at the Lekki Special Events Centre on Admiralty Way.

The UBA RedTV Rave had everyone from Wizkid to Olamide to Jidenna to Burna Boy thrilling the festive crowd as UBA chairman Tony Elumelu and CEO Kennedy Uzoka mingled with the artists and guests.

On the surface, this was the best of times, as a bank that was clearly in rude health celebrated a successful year with thousands of employees, friends and family. The bank had also recently concluded a recruitment exercise that would add nearly 4,000 new employees to its staff strength, so the year ahead looked to be a promising one for most employees present. 

Unknown to them, while senior executives danced with Wizkid in the VIP area, one of the most brutal staff layoffs in Nigerian banking history was just around the corner. They partied well into the night and then showed up for work the following week as usual. A week went by. Two weeks. Four weeks. Then right at the start of the new year – a shocker.

Closed at 5.30PM, Terminated at 10.30PM

Ifunanya (name has been changed) was asked to wait behind at work on Friday January 3. As a 12-year UBA veteran including a long stint in her role as a Branch Operations Manager at a branch in Ojodu, Lagos, this was not an unusual request to receive. She was even used to working weekends so that the ATMs could remain functional and she could troubleshoot other onsite customer-facing issues. This time however, was different. 

Along with other staff members at the branch, she was asked to wait for a board meeting. By 10.30PM, the assembled staff were informed that their services were no longer required. They were then told verbally to write out their resignation letters on the spot and leave voluntarily or be forced out. At this point, her security pass was taken, and along with the other affected staff, her profile was unceremoniously deactivated from the bank’s internal system. She was reminded to drop her work ID on the way out, and thus ended a 12-year association with the bank.

When a relative of hers reached out to tell the story, he was keen to make the point that she was not an agency employee, but a full UBA employee on a monthly salary of N153,000. He could not understand why the bank would treat her that way. I heard similar stories from two other sources who insisted that they were coerced into resigning after being told that their services were no longer required right at the start of the new year.

Shocking and callous as these stories may have sounded, one of the first things you are taught in any professional journalism program is to always balance the story. So I sought an alternate account of what transpired, with the goal of putting the picture together to tell a complete story. There were conflicting accounts of the events of January 3 flying around, with some accounts describing a recruitment and promotion exercise without mentioning any firings, while others reported a purported “restructuring” at UBA, which is a well-known euphemism for “mass sack.”

I managed to establish contact with a current senior employee at UBA who asked to remain anonymous because he is not authorised to speak about such matters. This was his account of what happened at UBA bank at the start of this year:

“Usually when anyone joins UBA with a Bachelor’s degree, they are put on a GT1 level (N80,000). After one year, they are promoted to GT2 (N100,000), then after another year ET1 (N140,000) which is where a lot of people get stuck on. If you are lucky, you get to ET2 (N165,000). So what UBA did was to meld those 4 levels into one (ET) so any one who was on GT1 and GT2 gets automatically promoted to ET2. Those that were on ET1 and ET2 got promoted to SET (Senior Executive Trainee). 

So it was a promotion of sorts, but honestly it was long overdue because compared to other banks, N80,000 for entry level staff is quite low. About the layoffs: I only know 4 people personally who got affected. The people affected were on manager grades and worked at the head office, they all reportedly got 6 months arrears.”

According to this source, he was not personally aware of the fate of any branch staff or what he termed ‘OND staff.’ He did however say that in his opinion, the bank handled the situation poorly and that Nigeria does need stronger labour laws to protect young graduates fresh out of school from exploitation for cheap labor at the hands of corporates like UBA. He also mentioned that he knows current UBA staff have not had a salary increase in ten years – a remarkable situation for workers in a country whose currency has declined 195 percent over the same period.

As it later emerged, more than 2,000 staff were affected by the shocking late-night cull at UBA. It also became increasingly clear that the firings had nothing to do with a harsh operating environment or decreased profitability. The bank which had brought together Nigeria’s most expensive music stars to perform at its end of year shindig was anything but struggling – it actually hired more people than if fired. What the sackings did though, was clear out a number of people in roles that the bank considered obsolete, particularly within branch operations.

It can definitely be argued that such restructuring is inevitable in the face of rapidly changing technology, which is hardly a terrible thing. What is also true however, is that the bank that paid huge sums of money to bring Burna Boy and Jidenna to an annual vanity event that adds nothing to its bottom line could also afford to retrain its redundant staff to fit into new roles –  instead of just sacking them and instantly bringing in thousands of readymade replacements.

Yet again, the actions of a Nigerian corporate made the point that Nigerian labour law, in addition to be being poorly enforced is also woefully inadequate and unfit for purpose. If after 12 years of useful service to a bank, Ifunanya could be dumped out onto the street without even a few hours of notice – and no regulatory action was forthcoming – then clearly, Nigerian employees working for Nigerian companies have a problem on their hands.

As much as the UBA situation made that point, nothing could have prepared me for what I was about to unearth about another Nigerian corporate behemoth.

Diarrhea in India, Death in Ibeju-Lekki: The Unbelievable Story of Dangote Refinery

While senior executives at UBA House were going over the finer points of their plan to log 2,000 employees out of their work systems and force them to resign on the spot, a different level of labour exploitation was entering its fourth year about 73KM east of the Marina. There, at the site of the Dangote Refinery at the Free Trade Zone in Ibeju-Lekki, Lagos, the refinery was taking delivery of the world’s largest crude oil refining tower.

While this was predictably being celebrated across local and foreign media as the start of a glorious new chapter in Nigeria’s industrial history, I was speaking to a whistleblower with close and detailed knowledge of the project. What he had to say about the refinery project, the Indian project managers, the company’s internal culture and its much-publicised trainee program left me absolutely floored. Naturally I reached out to Dangote Group for a comment, but at press time I have received no response or acknowledgment.

My source, whom I shall call “Mukhtar” worked in and around the refinery project between 2016 and 2018, and what I found most distressing amidst everything he said was the revelation that deaths due to onsite accidents are not just known to happen at the refinery site, but are effectively covered up by Dangote. This he said, is because the people who die are mostly site labourers who are hired through staffing agencies instead of directly. When they die, it becomes the staffing company’s problem and the Dangote brand distances itself from it – even though the site owner is legally responsible for all safety-related incidents onsite.

Something else that struck me was that he implied that – contrary to all its public posturing – the company actually has no intention of using Nigerian engineers to run the refinery anytime soon. The trainee program that sent dozens of Engineering graduates for a one-year training program in India? “Strictly PR,” he said.

Accidents
The first batch of Dangote Refinery trainees head off to India in March 2016

For full effect, I have decided to reproduce the full and unredacted transcript of our conversation instead of using quotes and reported speech. Here is the conversation below:

ME: When we started this conversation, you mentioned that Dangote Refinery is exempt from Nigerian labour laws. What were you referencing?

Mukhtar: Because the refinery is in the FTZ, it is not subject to certain laws like local content laws. As such, even mundane jobs are given to non-Nigerian companies. Even the refinery’s fence wall was handled by a Chinese company. This didn’t stop long stretches of the fence from collapsing sometime in 2017. The FTZ affects Labour laws too. The company is not really under any obligation to employ Nigerians. They do so mostly for PR. All key decision makers are Indians (say 98%).

ME: There have been several horror stories about Indian-run businesses in Nigeria. Was this one of them?

Mukhtar: Yes, the Indians are quite racist. Some even demand to be referred to as “master”. To be fair, when this is reported, the HR unit makes a show of cautioning them. But I dont think anyone has ever been dismissed for it or seriously punished. Most of workers who meet their death on site are labourers. So their names might be known to many staff. I’ll see what I can get. It happens. It’s kept under wraps but it happens.

ME: Now you mentioned onsite deaths earlier. I want to know all about this. Why haven’t we heard anything about this?

Mukhtar: The refinery site is not really the best place to work. Mortality rate on site is quite high. People falling from heights or getting crushed by heavy vehicles/machines is quite common. These numbers are not reported because most staff are contract staff (or outsourced) so the company gets to wash its hands off such cases. But safety on site is the ultimate responsibility of the owner of the project. The construction site has a board that is supposed to display the safety statistics but it is never displays the truth. According to that board, there has never been a fatality on site. But in reality, I think 2018 had about 5 fatalities between January and March. If I were to guess, I’d say there have been over 25 fatalities since construction started in 2016/17.

ME: Now you said earlier that the trainee program was a washout and a disappointment. Fill me in on that.

Mukhtar: I was one of the first batch of engineers sent to India for training in 2016. In my opinion, the whole scheme was either poorly thought out or the company was somehow compelled to do it, and did so for PR. Our salaries were being paid into our accounts in Nigeria, so we were using our debit cards to access our Nigerian accounts for expenses over there) Around July 2016 when the naira went from around 160 per dollar to nearly double that number, our spending power was effectively halved.

ME: I also remember that there was a forex shortage crisis in 2016 and Nigerian bank cards stopped working outside the country.

Mukhtar: So when the banks eventually stopped all cards from functioning abroad, we were stranded. The company resorted to selling us dollars or rupees at the black market rate.They deducted the money from our salaries. We had accommodation (two adults per room) and feeding (Indian food which many of us did not like). Some of had to buy intercontinental dishes regularly, because Indian food is really not nice if you’re not into many smelly spices. It was crazy. Meanwhile we were told categorically that we would have Nigerian food and Nigerian cooks. It was a blatant lie by the Indian HR director.

Also, no arrangement was made for our medical care. Those who fell ill had to treat themselves from their pockets. During the currency crisis, those who fell ill had to rely on the rest of us to put together our spare change to pay for their treatment. The company promised to refund medical expenses, but this shouldn’t have been the situation in the first place.

ME: Tell me about the training program. What was the course content and the experience like? Was it what you were expecting?

Mukhtar: The training itself was a mess too. We were supposed to be trained to operate the refinery (at the time, it was said that it will be completed by mid 2017), but we were sent to a design company. These (designing a refinery and operating it) are two very, very different things. The trainers did not want us there in the first place. It was not a part of their initial contract with Dangote. Plus, they didn’t know what to teach us because designers are not operators. They were confused, several times, they asked us what we wanted to learn. But we could not know what we wanted to learn cos we knew nothing about the entire business. In the end, they reluctantly settled for teaching us design (skills we were/are unlikely to use cos the refinery was already 90% designed). 

ME: If you say that the refinery was “already 90% designed,” and you were learning design in India, that sounds like your presence was superfluous. Was the company really serious about sending you to learn skills to run a refinery?

Mukhtar: Indians will run the refinery. It will take many many many years before that refinery will be populated by just Nigerians. It was strictly PR. Anyways, the training with that design company was suddenly terminated on December 31st. Apparently, Dangote had not paid them a dime for all the months were were being taught design. They didn’t want to send us back to Nigeria so they moved us to the Dangote office in India. The office housed the Indian engineers (around 150 – 200 in number) who were supervising the design work being done by the design company. Now, it is interesting that these guys were working and earning as expatriates within their own country.

But realising that the “training” was a blunder, the company sent back some engineers to train in an actual refinery. So what was supposed to be a 1 year training became 2 years.

ME: Since returning to Nigeria, is there anything else you have noticed about the project that worries or disturbs you?

Mukhtar: Yes. So we have only the refinery at the FTZ, but the company gets to import things meant for other branches of the company duty-free. As a matter of fact, with the Dangote jetty in place and a customs office right there, the company no longer needs to clear stuff at Apapa. Dangote empire effectively has its own customs and port, because we cannot assume that the custom officers stationed at Dangote’s jetty/FTZ are extremely meticulous in checking what comes in and goes out. Personally, I find this disturbing. No non-military entity should be able to import stuff that easily into any country. This is bigger than just skipping custom duty payment.

–Ends–

Between bank staff being fired at 10.30PM and refinery site labourers being killed by workplace accidents without accountability, the sheer grimness of the picture facing Nigerian workers comes into stark relief. It is afterall, an employer’s market, with several thousand qualified people jostling for every job opening, which creates the possibility and incentive to treat staff like battery animals.

Whether the Labour Ministry is willing or able to do anything about such blatant labour exploitation is anybody’s guess. Nigeria’s government is increasingly weak and unable to impose its will on the country even territorially. In the event that the government did take interest, there is a valid fear that it would go to the other extreme and adopt a lazy anti-business Hugo Chavez approach, as it so often does. The real solution if there is to be one, must come from Nigerian labour having a stronger bargaining position through an improved economy. Anything else as it stands, is little more than a sticking plaster.

As Mukhtar mentioned, even inside the ridiculous situation of being financially stranded in a foreign country at the behest of an irresponsible and insincere Nigerian corporate, the vast majority of the group chose to suffer in silence. They did so because spending a year abroad learning useless information, suffering deprivation and experiencing diarrhea after being forced to eat unfamiliar food was still preferable to whatever alternative was at home.

Ultimately, that is the biggest problem facing Nigerian labour. 

Related posts

Facebook keeps policy protecting political ads | ABS-CBN News

ad
Facebook logos are seen on a screen in this picture illustration taken Dec. 2, 2019. Johanna Geron, Reuters/file

SAN FRANCISCO — Defying pressure from Congress, Facebook said on Thursday that it would continue to allow political campaigns to use the site to target advertisements to particular slices of the electorate and that it would not police the truthfulness of the messages sent out.

The stance put Facebook, the most important digital platform for political ads, at odds with some of the other large tech companies, which have begun to put new limits on political ads.

Facebook’s decision, telegraphed in recent months by executives, is likely to harden criticism of the company heading into this year’s presidential election.

Political advertising cuts to the heart of Facebook’s outsize role in society, and the company has found itself squeezed between liberal critics, who want it to do a better job of policing its various social media platforms, and conservatives, who say their views are being unfairly muzzled.

The issue has raised important questions regarding how heavy a hand technology companies like Facebook — which also owns Instagram and the messaging app WhatsApp — and Google should exert when deciding what types of political content they will and will not permit.

By maintaining a status quo, Facebook executives are essentially saying they are doing the best they can without government guidance and see little benefit to the company or the public in changing.

In a blog post, a company official echoed Facebook’s earlier calls for lawmakers to set firm rules.

“In the absence of regulation, Facebook and other companies are left to design their own policies,” Rob Leathern, Facebook’s director of product management overseeing the advertising integrity division, said in the post. “We have based ours on the principle that people should be able to hear from those who wish to lead them, warts and all, and that what they say should be scrutinized and debated in public.”

Other social media companies have decided otherwise, and some had hoped Facebook would quietly follow their lead. In late October, Twitter’s chief executive, Jack Dorsey, banned all political advertising from his network, citing the challenges that novel digital systems present to civic discourse. Google quickly followed suit with limits on political ads across some of its properties, though narrower in scope.

Reaction to Facebook’s policy broke down largely along party lines.

The Trump campaign, which has been highly critical of any attempts by technology companies to regulate political advertising and has already spent more than $27 million on the platform, largely supported Facebook’s decision not to interfere in targeting ads or to set fact-checking standards.

“Our ads are always accurate so it’s good that Facebook won’t limit political messages because it encourages more Americans to be involved in the process,” said Tim Murtaugh, a spokesman for the Trump campaign. “This is much better than the approaches from Twitter and Google, which will lead to voter suppression.”

Democratic presidential candidates and outside groups decried the decision.

“Facebook is paying for its own glowing fake news coverage, so it’s not surprising they’re standing their ground on letting political figures lie to you,” Sen. Elizabeth Warren said on Twitter.

Warren, who has been among the most critical of Facebook and regularly calls for major tech companies to be broken up, reiterated her stance that the social media company should face tougher policies.

The Biden campaign was similarly critical. The campaign has confronted Facebook over an ad run by President Donald Trump’s campaign that attacked Joe Biden’s record on Ukraine.

“Donald Trump’s campaign can (and will) still lie in political ads,” Bill Russo, the deputy communications director for Biden, said in a statement. “Facebook can (and will) still profit off it. Today’s announcement is more window dressing around their decision to allow paid misinformation.”

But many Democratic groups willing to criticize Facebook had to walk a fine line; they have pushed for more regulation when it comes to fact-checking political ads, but they have been adamantly opposed to any changes to the ad-targeting features.

On Thursday, some Democratic outside groups welcomed Facebook’s decision not to limit micro-targeting, but still thought the policy fell short.

“These changes read to us mostly as a cover for not making the change that is most vital: ensuring politicians are not allowed to use Facebook as a tool to lie to and manipulate voters,” said Madeline Kriger, who oversees digital ad buying at Priorities USA, a Democratic super PAC.

Other groups, however, said Facebook had been more thoughtful about political ads than its industry peers.

“Facebook opted against limiting ad targeting, because doing so would have unnecessarily restricted a valuable tool that campaigns of all sizes rely on for fundraising, registering voters, building crowds and organizing volunteers,” said Tara McGowan, chief executive of Acronym, a non-profit group that works on voter organization and progressive causes.

Facebook has played down the business opportunity in political ads, saying the vast majority of its revenue came from commercial, not political, ads. But lawmakers have noted that Facebook ads could be a focal point of Trump’s campaign as well as those of top Democrats.

Facebook’s hands-off ad policy has already allowed for misleading advertisements. In October, a Facebook ad from the Trump campaign made false accusations about Biden and his son, Hunter Biden. The ad quickly went viral and was viewed by millions. After the Biden campaign asked Facebook to take down the ad, the company refused.

“Our approach is grounded in Facebook’s fundamental belief in free expression, respect for the democratic process and the belief that, in mature democracies with a free press, political speech is already arguably the most scrutinized speech there is,” Facebook’s head of global elections policy, Katie Harbath, wrote in the letter to the Biden campaign.

In an attempt to provoke Facebook, Warren’s presidential campaign ran an ad falsely claiming that the company’s chief executive, Mark Zuckerberg, was backing the reelection of Trump. Facebook did not take the ad down.

Criticism seemed to stiffen Zuckerberg’s resolve. Company officials said he and Sheryl Sandberg, Facebook’s president, had ultimately made the decision to stand firm.

In a strongly worded speech at Georgetown University in October, Zuckerberg said he believed in the power of unfettered speech, including in paid advertising, and did not want to be in the position to police what politicians could and could not say to constituents. Facebook’s users, he said, should be allowed to make those decisions for themselves.

“People having the power to express themselves at scale is a new kind of force in the world — a Fifth Estate alongside the other power structures of society,” he said.

Facebook officials have repeatedly said significant changes to its rules for political or issue ads could harm the ability of smaller, less well-funded organizations to raise money and organize across the network.

Instead of overhauling its policies, Facebook has made small tweaks. Leathern said Facebook would add greater transparency features to its library of political advertising in the coming months, a resource for journalists and outside researchers to scrutinize the types of ads run by the campaigns.

Facebook also will add a feature that allows users to see fewer campaign and political issue ads in their news feeds, something the company has said many users have requested.

There was considerable debate inside Facebook about whether it should change. Late last year, hundreds of employees supported an internal memo that called on Zuckerberg to limit the abilities of Facebook’s political advertising products.

On Dec. 30, Andrew Bosworth, the head of Facebook’s virtual and augmented reality division, wrote on his internal Facebook page that, as a liberal, he found himself wanting to use the social network’s powerful platform against Trump.

But Bosworth said that even though keeping the current policies in place “very well may lead to” Trump’s reelection, it was the right decision. Dozens of Facebook employees pushed back on Bosworth’s conclusions, arguing in the comments section below his post that politicians should be held to the same standard that applies to other Facebook users.

For now, Facebook appears willing to risk disinformation in support of unfettered speech.

“Ultimately, we don’t think decisions about political ads should be made by private companies,” Leathern said. “Frankly, we believe the sooner Facebook and other companies are subject to democratically accountable rules on this, the better.”

2020 The New York Times Company

Related posts

How to Promote a Flash Sale on Facebook and Instagram : Social Media Examiner

Do you run flash sales? Wondering how to promote your flash sale on social media?

In this article, you’ll discover how to promote short-term sales with organic posts and paid ads on Instagram and Facebook.

Why You Need a Different Approach for Promoting a Flash Sale

Everyone loves a flash sale. Limited-time offers and short-term sales can be effective ways to inject revenue into your online store, especially around prominent days in the marketing calendar.

Most flash sales last for 24 hours or less; therefore, the campaigns promoting them are also short-lived. Maximizing performance within such narrow timeframes requires a different campaign management approach than for longer campaigns.

Here’s how you can maximize your efforts to drive your campaigns further and make your ad spend work harder.

#1: Create a Facebook Event for Your Flash Sale

Creating a Facebook event for your flash sale allows you not only to add all of the important details about the event but also create organic reach by customers marking they’re “attending” or “interested.”

Additionally, Facebook’s algorithm is likely to show your event to people who might be interested as indicated by their social activity, which extends your reach even further.

More importantly, people who mark themselves as attending or interested will receive a notification about content or updates to the event and a reminder when the event is due to start.

Discover the best social media marketing strategies from the world’s top experts! Don’t miss this event!
SALE ENDS
January 7th!

#2: Run a Pre-Launch Reach Campaign With Ads on Instagram and Facebook

Running a promotion announcing your flash sale ensures potential customers will see it. Using paid ads on Facebook and Instagram is vital in today’s pay-to-play market. You’ll not only increase exposure and build conversation about your upcoming sale but also prime your Facebook pixel.

Priming your pixel means you’re warming up Facebook. If you build engagement and extend your reach before you launch your flash sale, Facebook will know exactly who’s ready to buy because of their activity and engagement in the run-up. You’ll be building a warm audience you can retarget (as discussed a little later).

In a nutshell, this initial priming—thanks to the pixel—will put your product in front of people who are already interested in the sale. With no extra cost to you, this will reduce CPA (cost per acquisition) and increase your ROAS (return on ad spend). This is a smart application of ad technology.

Here’s an example of an announcement ad for a flash sale:

Normally, when setting up Facebook ads for eCommerce, you would choose the Conversions objective because it’s likely to achieve the highest ROAS. It’s also training your pixel to go after the customer who’ll buy from you. In the process, it also allows Facebook to learn about your ideal customer.

This is great for people who are in the buying phase. When you run conversion ads, you’re effectively removing a piece of the pie; you’re going after quick wins with people who buy. But with flash sales, customers may look a little bit different. For instance, they may have thought about buying from you but were waiting for a sale, or they needed an added incentive to get them to cross the finish line.

When you’re promoting the flash sale in the run-up, you want to set up a Reach campaign. This will let you reach a larger audience and therefore more prospects.

To create this campaign, simply select Reach as your campaign objective. Target your ad to your following or a cold audience that may have similar product interests. To illustrate, if you own a children’s clothing store, you can target people who are parents or who have an interest in a similar brand.

#3: Count Down to the Sale With Organic Posts on Facebook and Instagram

About 5–7 days before your flash sale, begin sharing daily countdown posts on Facebook and Instagram. Plan your posts a few weeks in advance to give yourself time to think about how you’ll drive organic engagement. It’s a good idea to schedule your posts to avoid missing a day.

Create 5–7 posts that clearly call out your sale. Be sure to include the date and how many days there are to go, as in the example below:

When creating these posts, consider using engagement hooks such as “tag a friend who NEEDS to know about this sale,” or “Comment below with what you’re thinking of buying.” These are quick and easy ways to build your social engagement and organic reach. More importantly, you’re building a custom audience of people who have recently engaged with your page, which you can then retarget via your ad campaign on the day of your sale.

In addition to these feed posts, both Facebook stories and Instagram stories can provide more organic exposure. Alongside your countdown posts, share 2–3 daily story posts of your products. Include the flash sale reminder, date, and savings on featured products. Rather than simply sharing the sale discount, you’re contextualizing the discount on real products, helping customers visualize their savings.

Get Expert Social Media Marketing Training!

Want to keep ahead of your competitors? Need to master a social platform? Discover how to improve your social media marketing at Social Media Marketing World 2020, brought to you by your friends at Social Media Examiner. You’ll rub shoulders with the biggest names and brands in social media, soak up countless tips and new strategies, and enjoy extensive networking opportunities . Don’t miss the industry’s largest conference. Get in early for big discounts.

Sale ends Tuesday, January 7th, 2020.

Another way to use the Stories features to promote your flash sale is to share live content of yourself talking about your brand. This can work if you’re the face of your brand, or as a way to introduce yourself as the face behind the brand. You could also ask your employees to share their excitement about your sale.

Describe to your audience how this is your biggest sale yet, and how you’re excited to offer customers this opportunity to buy the products they’ve had their eye on for a while. You’ll be generating buzz about your sale and connecting with your customers. Giving a sneak peek into who you are and why you’re doing this is a fantastic way to build a relationship with audience members.

#4: Run Instagram and Facebook Ads via a Conversions Campaign on the Day of Your Flash Sale

When you’re ready to go live with your flash sale, I recommend setting it up as a Conversions campaign. By running a Conversions campaign, you’re telling Facebook you want conversions. Don’t run your campaign for adds to carts, landing page views, engagement, and so on, because this is what Facebook will deliver.

Set Your Budget

For campaigns that run for less than 24 hours, I recommend using a lifetime budget for the best results. To do this, toggle Campaign Budget Optimization (CBO) on and select Lifetime Budget from the drop-down menu.

Alternatively, you can edit this in the Budget & Schedule section at the ad set level.

Lifetime Budget is the most sensible setting. If you were to use a daily budget for a 6-hour campaign, Facebook wouldn’t spend more than 25% (6 ÷ 24) of the budget you specified so you’d have to take that into account.

More importantly, Facebook’s pacing algorithm (which optimizes delivery to get the best results available for your budget) isn’t designed to optimize daily budgets for shorter periods.

Target Ads to Your Warm Audiences

Once you’ve set up your campaign, you can create a number of ad sets to test your audience success rate and measure which audience targeting performed best.

Because you’ve been running your flash sale warm-up campaign, you can now set up several ad sets targeting different audiences. These should include:

If you set up your naming conventions correctly (as in the example below), you should instantly be able to see which ad set is performing best.

Choose Accelerated Delivery

Keep in mind that Facebook’s pacing algorithm can take some time to calibrate itself in the beginning. This clearly isn’t ideal if you want your campaign to start with a bang. In this case, use Accelerated Delivery. Selecting this option will disable the pacing algorithm altogether and enter you into as many auctions as possible.

Be careful, though; while this improves delivery and helps to gather data, it can also drive up costs. It might even spend your entire budget before the campaign is over.

You should always have a plan for monitoring results and reacting appropriately in various scenarios.

Some businesses choose to announce flash sales on the day of the sale. On its face, this approach seems to make sense. However, announcing the sale at least 1 week before will give you sufficient time to generate buzz around the offering.

Start by creating an event on Facebook and encouraging your audience to like, share, and comment. Also post organic content through a series of countdown posts and share Facebook and Instagram stories talking about what will be offered in the flash sale and emphasizing that stock levels are limited.

You’ll then want to run a pre-launch ad to promote your flash sale to your following or a cold audience that may have similar product interests.

Finally, on the day of the launch, run an ad for the duration of your flash sale using the optimization techniques discussed above.

Remember that your pre-launch efforts will frame your flash sale launch. If you nail the pre-launch, you’ll have your customers primed and ready for your sale. This will dramatically increase your conversion rate and you’ll see a much higher success rate.

Discover the latest tactics and master social media marketing in 2020! Don’t miss this event!
SALE ENDS
January 7th!

What do you think? Will you follow this plan to promote your next flash sale on Facebook and Instagram? Share your thoughts in the comments below.

Related posts

19 of the Best Tech Companies to Work in the U.S. in 2020

19 of the Best Tech Companies to Work in the U.S. in 2020

If you’re looking for a job in the technology sector, you might want to look at these companies.

By 
Trevor English

Glassdoor, one of the world’s top employment rating websites, recently released its annual list of top places to work for 2020. For those of you who don’t know, Glassdoor is a site where you can go and rate your employer, see what other people are getting for financial benefits, and basically learn as much as you’d like to about a company’s culture without actually working there.

All of this data is user-submitted, and it gives the site access to a high degree of employee sentiment for companies across the U.S. and the world. Their list of the best places to work for 2020 is based on user-submitted reviews in the previous year. It takes into account compensation data, culture data, and virtually anything a user provides to create a holistic ranking structure.

While the list includes companies from any industry in the U.S., if you weed out companies only in the tech space, you’re left with the best technology companies to work for in the U.S. Let’s take a look and see just who those companies are. 

19. Yardi Systems

Top Company Ranking: 53

Rating (stars out of 5): 4.3

Industry: Computer Hardware & Software

What employees say: “This company truly cares about its employees, everything from great benefits and perks to encouraging a wonderful work/life/fun balance.”

18. CDW

Rating (stars out of 5): 4.3

Industry: IT Services

What employees say: “Working with CDW has provided many opportunities to expand my knowledge and skillset while working with phenomenal co-workers.”

17. SAP

Rating (stars out of 5): 4.3

Industry: Computer Hardware & Software

What employees say: “Incredibly well organized, great communication, good pay, and very professional colleagues.”

16. AppFolio

Rating (stars out of 5): 4.4

Industry: Computer Hardware & Software

What employees say: “Great work-life balance, friendly management, fantastic training, dog-friendly, fun culture.”

15. Adobe

Top Company Ranking: 39

Rating (stars out of 5): 4.4

Industry: Computer Hardware & Software

What employees say: “The workplace is nice – the gym is top-notch, the cafeteria is great, and other amenities which make it an enjoyable work environment.”

14. VMWare – Part of Dell Technologies

Rating (stars out of 5): 4.4

Industry: Computer Hardware & Software

What employees say: “Work/Life balance is good, and people are smart and supportive.”

13. Kronos Incorporated

Rating (stars out of 5): 4.4

Industry: Computer Hardware & Software

What employees say: “Amazing organization and overall management structure with great benefits and an incredible work-life balance.”

12. Salesforce

Rating (stars out of 5): 4.4

Industry: Computer Hardware & Software 

What employees say: “The people are great, the culture is amazing, and the workspaces have everything you could ever need!” 

Rating (stars out of 5): 4.4

Industry: Internet

What employees say: “Employees are truly empowered, respected, and supported. Lots of opportunities to learn from smart, engaged people.”

10. Compass

Top Company Ranking: 32

Rating (stars out of 5): 4.4

Industry: Enterprise Software & Network Solutions

What employees say: “You are encouraged to participate and share your opinions and experience to help continue to make Compass the pinnacle of the industry.”

9. Facebook

Rating (stars out of 5): 4.4

What employees say: “No day is ever alike, and I get to tackle challenging problems surrounded by the best and brightest minds.”

8. Microsoft

Rating (stars out of 5): 4.4

Industry: Computer Hardware & Software 

What employees say: “I love the culture and the people here. We are always learning and have a can-do attitude.”

7. Nvidia

Top Company Ranking: 20

Rating (stars out of 5): 4.4

Industry: Computer Hardware & Software

What employees say: “Amazing culture, great work-life balance, and a strong drive to succeed in every area makes NVIDIA one of the best places I’ve ever worked.”

6. MathWorks

Rating (stars out of 5): 4.5

Industry: Computer Hardware & Software

What employees say: “They care about training and ensure that everyone is treated well with amazing little benefits from fruits in the morning to free Wednesday breakfast.”

5. LinkedIn

Top Company Ranking: 12

Rating (stars out of 5): 4.5

Industry: Subsidiary or Business Segment

What employees say: “Super invested in employee development, great work/life balance, great benefits for working mothers and maternity/paternity leave.”

4. Google

Rating (stars out of 5): 4.5

Industry: Internet

What employees say: “Work/life balance, benefits, compensation, autonomy, and the quality of your co-workers are unmatched.”

3. Ultimate Software

Rating (stars out of 5): 4.5

Industry: Enterprise Software & Network Solutions

What employees say: “The unlimited PTO, amazing benefits, and feeling like part of a big family are my favorite parts about Ultimate.” 

2. DocuSign

Top Company Ranking: 3

Rating (stars out of 5): 4.6

Industry: Computer Hardware & Software

What employees say: “They treat their employees fairly, are dedicated to the success of their employees, have great work-life balance, and very responsive management.”

1. HubSpot

Rating (stars out of 5): 4.6

Industry: Computer Hardware & Software

Stay on top of the latest engineering news

Related posts

Christ Embassy Church probe in UK: The Full report | P.M. News

person

Pastor Chris Oyakhilome: heads the Christ Embassy Church in UK

Christ Embassy Church, owned by Pastor Chris Oyakhilome and registered in the UK in 1996 as a charity came under probe of the Charity Commission in 2013, following complaints about the use of charitable funds on large connected party payments.

Truly, investigators discovered numerous failings in its management. They established that a number of informal grants and payments were made, including over £1.2 million* to a broadcasting company, Loveworld Television Ministry, which was wholly owned by a trustee of the charity.

Also, for six years the charity had allowed Loveworld free use of a £1.8 million property it had purchased, and was subsidising a proportion of the company’s utility bills. The inquiry found a lack of formal contracts or appropriate record keeping, and a lack of evidence of proper decision-making or of conflicts of interest being appropriately managed.

Financial management at the charity was also found to be poor. The trustees claimed 9 bank accounts held funds belonging to Christ Embassy Nigeria, and that 3 UK properties belonged to Christ Embassy Nigeria, however the inquiry concluded that all of these in fact belonged to the charity.

Oyakhilome’s ex-wife Anita Ebodaghe: was on the charity board at the time

The inquiry considered that there was serious misconduct and/or mismanagement in the administration of the charity, and took action to remove two of the trustees of the charity, however the individuals resigned before the sanction was applied. The Commission has since been granted new powers to address this loophole, which it secured under the Charities (Protection and Social Investment) Act 2016.

As a result of the inquiry, a new board of trustees was set up to strengthen the administration and management of the charity.

Amy Spiller head of the investigation team spoke on how the investigation was able to dissect the complex web of entities connected with the Christ Embassy Church:

“This was a complex inquiry that unveiled numerous failings by those running Christ Embassy over a number of years, which exposed the charity to undue risk. I am pleased that these issues have been resolved and that the new board of trustees has shown a clear commitment to move the charity forward responsibly.

“Those running a charity should always be guided by their charitable purpose. Trustees have an important responsibility to ensure that they act in the best interests of their charity at all times, and take care to safeguard their charity’s assets. Our guidance around governance arrangements is there to help trustees ensure they do just that.

“Charities are trusted in a way that is unique, and people often put a lot of faith in religious charities. It is therefore vital that trustees, particularly those with a large following, do all that they can to inspire public trust”.

Christ Embassy operates over 90 churches in the UK, providing religious services to over 5000 people, and has a substantial international following.

Here is the full report released 14 November, 2019 as culled from www.gov.uk

The Charity
Christ Embassy (the charity) was registered on 19 November 1996. It is governed by a Declaration of Trust dated 23 October 1996.

The charity’s entry can be found on the register of charities.

Charity Structure
The charity was established in South London in 1996. The charity’s Headquarters is located at the Loveworld Conference Centre (commonly referred to as the “Christ Embassy International Office”), in Folkestone, Kent and is supported by three sub offices situated in Bermondsey, Croydon and Hendon. The sub-offices operate in excess of ninety churches throughout the country, providing religious services to in excess of five thousand beneficiaries.

The charity has a trading subsidiary company called Christ Embassy Limited (Company Registration No. 05862298) which became a subsidiary in 2012. The trading subsidiary shares the charity’s UK headquarter premises. The trading business involves the production, sale and distribution of religious books and media products.

The charity’s reported income in the year ending 31 December 2013 was £14,055,229 and its expenditure was £15,923,977.

Trustees
During the Commission’s engagement with the charity (since 2012) there have been numerous trustees in office. The table below only lists the trustees who were in office for a part of the inquiry.

Trustee From To
A (Reverend Christian Oyakhilome) 23 October 1996 17 May 2014
B (Reverend Anita Oyakhilome) 6 April 1999 2 June 2015
C (Pastor Obioma Chiemeka) 6 October 2009 13 October 2015
D (Pastor Nkemakonam Odiakah) 6 October 2009 15 February 2016
E (Pastor Ifeoma Onubogu) 6 October 2009 12 February 2016
F (Pastor Uche Onubogu) 17 May 2014 26 January 2015
G (Pastor Tony Obi) 17 May 2014 16 October 2015
H (Reverend Raymond Okocha) 17 May 2014 8 August 2017

Trustee A resided in Nigeria and was the founder and international leader of the charity. His wife, trustee B, resided in the UK and was leader of the UK based charity.

Trustees B, D and F were also paid employees of the charity during periods of their trusteeships, which was permitted by their governing document in particular circumstances.

Following the appointment of an Interim Manager and full governance review, a new board of trustees (the new board of trustees) was appointed on 12 April 2016 who are now responsible for the administration and management of the charity going forward. Significant progress has been made to address the governance and improve oversight and control by the new board of trustees.

Issues under Investigation

On 29 July 2013, the Commission opened a statutory inquiry (the Inquiry) into the charity under section 46 of the Charities Act 2011 (the Act).

The Inquiry closed with the publication of this report.

The scope of the Inquiry was to examine a number of issues including:

*the transactions between the charity and “partner organisations” that include grants made to a number of unidentified entities and Loveworld Television Ministry, Healing School, International School of Ministry, Christ Embassy France, Christ Embassy Canada, IPCC Conference and Rhapsody of Realities

*the administration, governance and management of the charity by the trustees with specific regard to connected party transactions in respect of payments to Loveworld Limited and the management of conflicts of interest

*the financial controls and management of the charity

*whether or not the trustees had complied with and fulfilled their duties and responsibilities as trustees under charity law

Findings
Transactions between the Charity & “partner organisations”
The Inquiry team examined the accounts of the charity, for the period 2009-2011 which showed that the charity had paid substantial grants to organisations classified as “partner organisations”.

During 2009-2011, the charity’s accounts show grants amounting to £1,281,666 were paid to Loveworld Television Ministry; £118,995 to Healing School, £186,616 to International School of Ministry, £10,000 to Christ Embassy Canada, £10,566 to Christ Embassy France, £37,216 to IPPC Conference and £77,266 to Rhapsody of Realities.

The trustees provided the Commission with a copy of their grant making policy, and admitted to the Inquiry that “Prior to the involvement of the Charity Commission the grant making practice consisted of a discussion by the Trustees at a Trustee meeting regarding who should receive grant”.

Following his appointment on 6 August 2014, the Interim Manager (the IM) examined the charity’s records and found no evidence of compliance with the Grant Making Policy. Documents examined, by the IM, demonstrated a lack of records and receipts to account for grants made and there appeared to be little consideration given to whether the receiving parties had expended grants appropriately and for intended purposes, as was required by the policy.

This demonstrates failure to comply with its grant making policy and inadequate recording of decision making by the trustees which is misconduct and/or mismanagement in the administration of the charity.

Administration, governance and management of Charity by trustees-specific regard to connected party transactions in respect of payment to Loveworld Limited (also known as Loveworld Television Ministry – registered number 4691981) and management of conflict of interest
The inquiry had serious concerns regarding the trustees’ decision making relating to the charity’s relationship with Loveworld Limited.

It was established that Trustee C, was the sole shareholder of Loveworld Limited since its incorporation in March 2003. Trustee C had also been trustee of the charity between October 2009 and October 2015. The primary objective of the Loveworld Limited was to advance Christian programming in the UK and to provide entertaining and educational programmes for the diverse demographics of the UK, which it did by carrying out both radio and television broadcasting services.

The trustees informed the Inquiry, payments made by the charity to Loveworld Limited were not grants/donations as indicated in their accounts but represented payments for broadcasting services provided by the company to the charity. On 28 March 2013, the trustees were asked to provide all documentation held by the charity or its trustees that recorded the decisions made in respect of the payments by the charity to Loveworld Limited. On 19 September 2013, the trustees provided only two sets of minutes of trustee meetings (minutes of trustees meeting dated 6 January and 6 April 2012) that appeared relevant to the issue. However, neither set of minutes included any decision or resolution to make payments to a company of which one trustee was sole shareholder.

The trustees did not have any formal contracts in place, or indeed rationale for using Loveworld Limited as opposed to any other broadcaster. Additionally the IM, during his inspection of books and records found no evidence to suggest that any of the trustees considered whether the costs charged by Loveworld Limited were better value than the costs charged by any other service provider. The trustees have failed to take, or have failed to record, any proper decisions as to why such payments are in the best interests of the Charity.

The IM confirmed that as early as 2009, the Audit Report highlighted to trustees that transactions with organisations and companies controlled by trustees were required to be disclosed in the financial statements as related party transactions. Auditors also recommended that trustees seek professional advice on whether these payments were permitted under their governing document, discuss and decide whether the payments were in the best interests of the charity and minute those discussions, ensuring that any conflicted parties withdraw from the meeting during discussions. The IM’s investigation into these matters found that this advice had not been followed and in particular there was no evidence that the trustees had sought legal advice.

The IM’s scrutiny of charity records and documents demonstrated that the trustees had failed to comply with the terms of the charity’s governing document and that they failed to comply with the requirements of section 185 of the Act in paying for services by a company owned by a trustee.

Additionally, the Inquiry identified that the charity had purchased a property in March 2006, costing £1.8 million and allowed Loveworld Limited free use of the property from 2006 until September 2012. The trustees informed the Inquiry that Loveworld Limited had only occupied a “small part of the premises”, on an informal basis, with the charity using the premises themselves until February 2014. They informed the Inquiry that the arrangement had been formalised since 2012 and the company was charged £75,000 per year for use of the property. The Inquiry considers that this level of rent indicates that Loveworld Limited occupied a substantial proportion of the building.

The trustees failed to demonstrate that rent for occupation of the premises was a properly assessed market rent which would cover the charity’s overheads. The trustees stated, that the yearly rental income covered all mortgage costs incurred by the charity, however later stated that the charity’s annual mortgage payment was higher than this.

It was unclear to the Inquiry how the permitted, free use of the premises to Loveworld Limited between 2006 -2012 was in the best interests of the charity and was properly authorised.

This indicates that the trustees failed to act in the charity’s best interests or with reasonable care and skill in terms of their decision-making and in the negotiation of the arrangements with Loveworld Limited and in not seeking appropriate advice regarding formalising occupation of premises by the company. In addition, the fact that the charity was also subsidising a proportion of the company’s utility bills indicates a lack of reasonable care and skill and a failure to use the charity’s resources responsibly. These actions were not in the charity’s best interest or in furtherance of its objects and were misconduct and/or mismanagement in the administration of the charity.

Ventaja Limited
An audit conducted by the IM on appointment also identified purchases in excess of £30,000 by the charity from Ventaja Limited – trustees’ reports and financial statements for year ending 31 December 2013: the charity declared £44,925 of purchases made from Ventaja Limited for decorating and the construction of a stage. The company was wholly owned by Trustee G. The payments were made while, Trustee G was church pastor and zonal pastor (prior to being appointed trustee in May 2014). His wife was also director of the company, church pastor and a salaried employee of the charity. The IM found evidence indicating that Trustee G had employed the services of Ventaja Limited to provide services to the charity but it was unclear from the charity’s records what considerations were made regarding potential conflicts of interest. It is unclear to the Commission that the decision making trustees, in position at the time payments were made, were acting only in the interests of the charity.

The trustees failed to provide any records to evidence that conflicts of interest had been identified or correctly managed prior to the opening of the Inquiry. Although the trustees provided the inquiry with a copy of their new “Conflicts of Interest Policy” in their 2013 response, they did not have any policy which covered the conflict which arose as a result of Trustee G, being a church pastor and trustee, authorising payments from his church to his company and therefore effectively paying his own company. The trustees failed to demonstrate that they had recognised or properly managed conflicts of interest. Consequently the Inquiry found this was misconduct and mismanagement in the administration of the charity.

Financial control & management of the Charity
When interviewed by the Inquiry in October 2013, the trustees explained the structure and administration of the charity to the Commission. The structure involved Chapters (also known as churches) within the charity which were spread across the UK with the use of over 100 premises. The IM found that cash collection and payment recording processes were not uniform across the charity, with a number of basic key controls (for example timely bank reconciliations or maintenance of the SAGE records ) found to be lacking.

Bank Accounts/Assets
The inquiry identified nine active bank accounts that the trustees identified as holding funds belonging to Christ Embassy Nigeria (Christ Embassy Nigeria is a separate company to the charity). The inquiry found no evidence to suggest that any of the banking institutions were aware that they were holding funds controlled by Christ Embassy Nigeria. In addition, the accounts were not named in such a way as would indicate the funds are controlled from Nigeria: for example, two of the active accounts are named Christ Embassy East London.

The inquiry, not being satisfied that the funds held in these accounts were owned by Christ Embassy Nigeria, exercised legal powers and issued orders dated 8 august 2014, under section 76(3)(d) of the Act, freezing six of these nine bank accounts, protecting funds to a value of £615,420.

In the absence of clear evidence to support the trustees’ position, the Inquiry concluded that funds held in the accounts belonged to the charity and these accounts remained frozen until the order was revoked on 24 August 2016. The Inquiry being satisfied that the new board of trustees had assumed control of the charity’s property discharged the freezing order on 24 August 2016.

This demonstrates the trustees’ failure to deal with the bank accounts appropriately and their lack of understanding of financial management and the importance of clearly identifying the charity’s property and/or assets held on behalf of another entity and is mismanagement and/or misconduct in the administration and governance of the charity by the trustees.

Tax related issues
The IM informed the Inquiry that the trustees’ failed to submit the charity’s 2010-11 and 2012-13 Self-Assessment Tax returns on time to HMRC thereby incurring penalties for late submissions. In addition, the IM found that the trustees had failed to comply with information Notices issued by HMRC thus incurring further penalties.

The trustees’ non-compliance and failure to submit the charity’s Self-Assessment forms within statutory deadlines resulted in scrutiny by HMRC creating a risk to the charity’s assets in regard to financial penalties incurred and is further evidence of trustees failing in their duty to protect and manage resources responsibly.

Gift Aid is available on donations made by UK tax payers such that the charity can reclaim the tax already paid on the donation by the donor. This means the charity can receive an extra 25p for every £1 donated. It is the trustees’ responsibility to ensure that the charity has effective systems and internal controls in place to ensure complete and accurate returns are made, reducing the risk of amounts being reclaimed by HMRC and ensuring that the charity receives the Gift Aid promptly and with confidence.

The IM established that the charity had failed to maintain:

*sufficient records or processes to show that expenditure by employees had not been an employee benefit and therefore subject to tax
*sufficient records to show that charity vehicles were being used solely for charitable purposes and not used by trustees/employees for private use
*sufficient records to support the charity’s claim to Gift Aid and to demonstrate the expenditure was in fact charitable

The IM dealt with these inquiries and agreed a settlement with HMRC. During discussions with HMRC, the IM made payments on account of £250,000 in order to minimise interest/penalty charges.

The IM informed the Inquiry, in excess of £1.4m of expenditure was disallowed by HMRC and became subject to tax.

The IM reached final settlement over these matters prior to his discharge.

The trustees’ failure to maintain sufficient records and processes to account for expenditure resulted in scrutiny by HMRC creating a risk of criminal proceedings and loss to the charity’s assets in regard to tax liabilities and is further evidence of trustees failing in their duty to protect and manage resources responsibly.


Whether complied and fulfilled duties and responsibilities as trustees under charity law

The Inquiry found a number of breaches of their legal duties by the trustees as evidenced in the previous sections of this report. Additionally the Inquiry found evidence that the trustees exposed the charity, its assets and/or its beneficiaries to harm or undue risk for example:

Property Related matters
The charity is unincorporated, and as such does not have legal personality and cannot hold property in its own name. Instead property must be held on behalf of the charity by nominated individuals (known as holding trustees, and often in practice one or more of the charity’s trustees). From time to time these individuals will change for example due to retirement or death, and the legal ownership of the property will need to be transferred to the new trustees to ensure that the Land Registry records are accurate.

The charity’s main asset other than cash was its ownership of a number of properties. The Inquiry identified 3 UK properties that were not disclosed to the Commission in the trustees’ first responses or during the October 2013 meeting. The trustees asserted that despite the legal title of the properties being vested in the name of two of the charity’s trustees, the properties “were acquired on behalf of, and held in trust for, Christ Embassy Nigeria”.

The Inquiry noted that the Land Registry entries in respect of the 3 properties made no reference to the beneficial owner being Christ Embassy Nigeria and documentation supplied by the trustees provided no evidence to support their assertions. None of the Land Registry proprietorship registers differed in any material way from those of the properties originally disclosed to the Commission as belonging to the charity. These matters were explored further by the IM. His investigations confirmed that the properties were held legally and beneficially by the charity and that there was no trust in place suggesting they were held on behalf Christ Embassy Nigeria.

The Inquiry obtained evidence that the trustees’ failed to ensure land registry details for charity properties were amended once trustees resigned. This was raised a number of times by Auditors in their reports from 2009 onwards and as a result the trustees failed in their duties and responsibilities as trustees to act in the charity’s best interests.

Insurance
The Inquiry found that the trustees failed to secure adequate insurance to protect charity assets and protect against claims for accidental damage to property/or compensation for accidental injury to third parties. The IM was made aware of an outstanding claim in February 2015, brought by a member of the congregation who was injured at a charity premises in 2012. The IM sought to identify whether any relevant insurant was in place. The trustees confirmed that there was no relevant insurance cover and following legal advice obtained by the IM, he settled the claim, in order to avoid lengthy and costly litigation.

The failings of trustees to act appropriately left the charity open to financial and reputational risk and losses, as well as to risk of litigation.

Planning & Building
The trustees failed to ensure that a property purchased by the charity had the necessary planning permission for use as a place of worship – D1 use as Non-Residential institutions, which include a place of worship and church hall. The previous owner had applied for permission to use the property as a place of worship, in 2003 but the planning application had been refused by the local authority. The charity appealed the decision unsuccessfully. Enforcement action was commenced by Southwark Council (18 April 2011). This was also unsuccessfully appealed by the charity. The continued unauthorised use of the premises as a place of worship by the charity, exposed it to enforcement action by the Council. The IM team liaised with the Council to permit a planned exit from the premised which was vacated in January 2015.

The existence of the enforcement notice is a criminal matter. Any breach of the enforcement notice and continued unauthorised use of the premises as a place of worship exposed the charity to prosecution by Southwark Council. Legal advice obtained by the IM confirmed that the breach could have led to criminal sanctions being imposed against the charity and potentially exposed the charity to confiscation proceedings under the Proceeds of Crime Act.

This demonstrates the trustees’ lack of understanding regarding planning law and regulations which exposed the charity to substantial financial risk as well as legal costs.

Conclusions
The Inquiry concluded that there was serious misconduct and/or mismanagement in the charity’s administration. The former trustees, at the relevant times had not complied with or fulfilled their duties as trustees under charity law. They failed to:

*exercise reasonable care and skill in the execution of their roles and as a result exposed the charity to risk and financial loss
*ensure sufficient financial controls and procedures to protect the charity’s property file their annual accounting information, in accordance with their statutory obligations, on time
*ensure that conflicts of interest were effectively managed comply with the terms of the charity’s governing document in relation to remuneration of trustees
*obtain professional advice during their decision making process and to properly record their decision-making
*comply with planning law and regulations and adhere to enforcement notices, causing the charity substantial financial loss
*address the need for Health & Safety compliance and the lack of adequate property insurance exposed the charity to considerable losses which could have been avoided or minimized with proper management and prompt action

In light of the findings and evidence of misconduct and/or mismanagement, the Inquiry exercised its legal powers under section 79(2)(a) of the Act to remove two of the trustees of the charity.

However the trustees subject to regulatory action resigned prior to the Commission being able to complete the process. Section 79(5) and 82 of The Charities (Protection and Social Investment ) Act 2016 has closed this loophole, thereby allowing the Commission to proceed to remove a charity trustee who has resigned following the Commission having given notice to the charity trustees of its intention to make a removal order. The law has since been amended so that resignations following the Commission issuing a notice of intention to remove a trustee would not prohibit the trustee’s removal and consequent disqualification from action as a trustee in the future.

Regulatory Action Taken
During the course of the Inquiry the Commission exercised its legal powers (Sections 47, 52 and 54 Charities Act 2011), provided by the Act, to issue various orders and directions for the purposes of information gathering from local authorities, private individuals and companies, including financial institutions.

The Inquiry directed trustees to a meeting on 18 October 2013 to discuss regulatory concerns and seek further explanation from the trustees. The charity’s books and records were also inspected on 13/14 November 2013.

The Inquiry, being satisfied in accordance with section 76(1) of the Act, that there had been misconduct and / or mismanagement in the administration of the charity and that it was necessary or desirable to act for the protection of the property of the charity, used a number of regulatory powers, under the following sections of the Act:

*section 76(3)(d) orders (8 August 2014), directing the banks not to part with the charity’s property without the Commission’s prior written consent, protecting £615,420 of the charity’s funds

*section 76(3)(g) appointing an Interim Manager on 6 August 2014 (appointment to take effect from 11 August 2014) and then under 337(6) varying the order (25 January 2016) to authorise the
*Interim Manager to appoint a new board of trustees
section 337(6) discharging (18 November 2014) the order not to part by further order, once the

*Interim Manager assumed control of the charity’s property

The former trustees exercised their right to appeal (8 August 2014) to the First-tier Tribunal, General Regulatory Chamber (Charity) against the order appointing the Interim Manager. The appeal was withdrawn on 20 January 2015 with the charity’s legal representatives, notifying the Commission that the trustees were “now willing to accept that the statutory threshold under section 76 of the Act was met in the present case”.

Appointment of an interim manager
The Inquiry appointed an interim manager, Rod Weston of Mazars LLP, (the IM) on 6 August 2014 under section 76(3)(g) of the Act to take over the management and administration of the charity to the exclusion of trustees. The trustees were not excluded from performing the religious and/or spiritual functions connected with their roles as Pastors within the charity.

The scope of the IM’s appointment included:

*taking control of the management and administration of the charity to the exclusion of trustees and taking steps to secure and protect charity property

*reviewing the governance and administration of the charity and taking remedial action in the best interests of the charity

*reviewing the charity’s financial controls, systems and reporting procedures, safeguarding funds and ensuring proper expenditure controls and governance
consider whether any of the decision making trustees were personally liable for any breach of duty/loss of the charity, taking remedial action to regularise any breaches of duty in the best interest of the charity

The costs of the IM’s appointment, including legal advice and fees that would have been necessary and incurred by any trustee, amounted to £1,244,983.50 excluding VAT. The costs of the IM’s appointment were met out of the charity’s funds and are itemised as follows:

*fees directly related to work as IM – £390,358.40
*professional fees – £854,625.10 (relating to work conducted by 3rd parties on behalf of the IM)
*In addition £208,000 of work was undertaken by the IM on a pro bono basis.

As part of his appointment, the IM completed a full governance and infrastructure review of the charity and its activities. His initial findings, on 9 October 2014, corroborated the Commission’s regulatory concerns relating to the charity, reporting that “the board of trustees appears to be fragmented” and “appear to have little appreciation of their roles, duties and obligations as Trustees”. He identified a number of Health and Safety risks and concerns as well as legal issues relating to property matters which had failed to be dealt with by the trustees and which posed financial risks to the charity. The IM’s investigations found failings in the charity’s governance, leadership and management structures and personnel, including identifying that the charity had insufficient financial controls and procedures.

Remedial actions were taken to regularise the charity’s governance to ensure it was fit for purpose. This encompassed the following:

*establishing a central record of all properties leased and/or rented by the charity to ensure that the terms of leases were being met appropriately and suitable exit plans were in place where leases were due to expire
*establishing an accurate record of assets (ownership of a number of properties, motor vehicles and a range of fixed assets ) owned by the charity, gaining control of the charity’s property portfolio and cash reserves – the IM reduced the number of bank accounts in operation from approximately 40 to 8 and in September 2015 took control of just under £12,000,000

*introduction and implementation of financial controls, systems and reporting procedures, regularising the management of income and expenditure

*Health and Safety audits and fire risk assessments were carried out; training provided to staff and implementation of suitable Health & Safety policies and procedures
extensive liaison with HMRC resulting in settlement of the charity’s tax liabilities
recruitment of new board of trustees

*induction and training of new trustees

Restitution
On 18 November 2015, the IM considered professional advice and the particular circumstances of this case and decided that restitution (by way of civil claims against former trustees for breaches of duties and losses to the charity was not in the best interests of the charity.

Following the appointment of a new Board of Trustees on 12 April 2016, significant progress has been made to address the governance and improve oversight and control by the new trustees, as a result of which the IM was discharged on 12 April 2016.

Issues for the wider sector
Financial Controls & Accounting Records
Proper financial controls are a necessary feature of any well-run organisation. Because of the special characteristics of the charitable sector, they play an essential part in helping to show potential donors and beneficiaries that a charity’s property is safeguarded, and that its management is efficient.

Trustees are equally responsible for the overall management and administration of the charity. Every charity’s accounting records must be sufficient to show and explain its transactions and disclose with reasonable accuracy its financial position. Trustees should ensure that financial controls are not only adequate but provide sufficient information to satisfy the trustees that the controls are being observed. If, due to the nature of the charity, its work, location and /or set up the trustees delegate supervision of financial arrangements to one or a small number of trustees or employees, they need to ensure that there are arrangements in place for proper reporting back to the whole trustee body. In this way, system failures or issues can be identified at an early stage.

Therefore, in order to show that they are complying with their legal duties, trustees must keep records and an adequate audit trail to show that the Charity’s money has been properly spent on furthering the Charity’s purposes for the benefit of the public.

Conflicts of Interest Policy
Charity trustees should ensure that they have a conflicts of interest policy in place to ensure that they are fully aware of their responsibilities and that any conflicts that do arise are appropriately managed.

Where a charity trustee has a conflict of interest they should follow the basic checklist set out in the Commission publication Conflicts of interest: a guide for charity trustees (CC29) and where necessary or appropriate take professional advice.

The law states that trustees cannot receive any benefit from their charity in return for any service they provide to it or enter into any self-dealing transactions unless they have the legal authority to do so. This may come from the charity’s governing document or, if there is no such provision in the governing document, the Commission or the Courts. Further information is available from Trustee expenses and payments (CC11).

Charity Property
Charity trustees have a general duty to manage their charity’s resources responsibly, reasonably and honestly. This means not exposing their charity’s assets, beneficiaries or reputation to undue risk. It is about exercising sound judgement and then taking decisions that a reasonable body of trustees would do.

Trustees must put appropriate policies, procedures and safeguards in place and take all reasonable steps to ensure that these are followed.

If a charity owns land or buildings, trustees need to know on a continuing basis what condition it is in, that it is being properly used, and that adequate insurance is in place. The essential trustee: what you need to know, what you need to do (CC3) makes clear that decisions about charity land and property are important. If the charity owns or rents land or buildings, the trustees need to:

*make sure the property is recorded as belonging to the charity
know on what terms it is held
*ensure it is properly maintained and being correctly used
*make sure the charity has sufficient insurance

A charity’s governing document or the general law can provide a ‘power to insure’. If the governing document imposes a positive duty to insure, if trustees then fail to insure property, this will be a breach of trust. More details are available in the Commission’s guidance Charities and insurance (CC49).

Trustee Decision Making
Charity trustees are responsible for governing their charity and making decisions about how it should be run. Making decisions is one of the most important parts of the trustees’ role. Trustees can be confident about decision making if they understand their role and responsibilities, know how to make decisions effectively, are ready to be accountable to people with an interest in their charity, and follow the 7 principles that the courts have developed for reviewing decisions made by trustees. Trustees must:

*act within their powers
*act in good faith and only in the interests of the charity
*make sure they are sufficiently informed
*take account of all relevant factors
*ignore any irrelevant factors
*manage conflicts of interest
*make decisions that are within the range of decisions that a reasonable trustee body could make

It is important that charity trustees apply these 7 principles when making significant or strategic decisions, such as those affecting the charity’s beneficiaries, assets or future direction.

Share this:

Related posts

NEPA, PHCN Trend On Twitter As Nigerians React To Nationwide Blackout

#NEPA, #PHCN, #Blackout are currently trending on the micro-blogging site, Twitter, no thanks to the collapse of the national electricity grid, which led to a .

had reported earlier that the DisCos in different statements on Wednesday said the blackout being experienced across the country is as a result of the industrial action by electricity workers.

The National Union of Electricity Employees (NUEE) announced the commencement of a nationwide strike earlier in the day.

In a statement, the Assistant Secretary-General of NUEE, Anthony Sule, had said the union’s decision was made since the federal government failed to dialogue with them to resolve the lingering issues in the sector.

The Ibadan Electricity Distribution Company (IBEDC), Nigeria’s largest power distributor, later issued a statement to announce that the strike had disrupted its services.

“Subsequently, the action has led to a nationwide shut down of electricity installations and has resulted in the disruption of service across our network,” the company said.

However, on Thursday morning, the (NUEE), suspended its strike action, hours after a nationwide blackout in the country due to Electricity Workers’ industrial action.

Moments after the statements were released, Nigerians took to the micro-blogging site, Twitter to air their opinions on the strike action.

Naija News captured some of the reactions below…

Ramaphosa: I can’t go for Peace conference in Egypt when South Africa is facing electricity crisis.

Buhari: “#NEPA on strike”….. I need to travel to Egypt, I can’t miss this journey. #NEPA on strike. pic.twitter.com/Rhv7Vxfh0m

— Emmanuel Idoko (@Emmy_myles) December 12, 2019

Someone cannot play with BUHARI oo, ordinary Major general that they call him, baba off light everywhere 🤣🤣🤣

RT if you also don’t have light in your area#NEPA #ASUU #Buhari #dababy #blackout pic.twitter.com/MzewujQKVc

— ISEEAM G29 productions💥 (@iseeamg29) December 12, 2019

Wished Asuu, nepa and co will do so #NEPA #ASUU pic.twitter.com/4nyb3R1pgF

— EL G333🌿 (@Abdoulmumeen_g) December 12, 2019

Someone said Mbah’s head(reflection of the sun) can generate 415v for a whole community… just get the OMbah app and connect🤣🤣 #NEPA #blackout pic.twitter.com/VOinvUETVy

— OMO EDO THICKER BODY👑👑 (@therealosaetin) December 12, 2019

I miss those friends in Primary school 😒 that used to say ‘if I give you one dirty slap eh 👋you’ll fly to America’ 😆Pls I’m available now, coman slap me🙏 I want to fly go America 😂😂#NEPA #ASUU #Buhari

— edgar odafe (@edgar_odafe) December 12, 2019

#Blackout also affecting OAU students preparing for tough Examinations #NEPA / #PHCN.. why na😫😫😫😰😰😰😰😰 pic.twitter.com/xJZt4nVZo0

— #Babafaros Farombi Seun (@TheBabafaros) December 12, 2019

Samsung users: #NEPA is on strike😭😭
Infinix users: My ba3 will last 😁

Iphone users:- pic.twitter.com/AhnWrA96dT

— Onuoha nicanor (@Onuoha_nicanor) December 12, 2019

#NEPA is the major cause of unwanted
pregnancy in Nigeria. Everything starts
when she enter the room to charge her
phone.

— 👑BILLIONAIRE ZEDD🇨🇦 (@Official_imo) December 12, 2019

People that didn’t have light in their area for the past 6 months are also complaining about #blackout

Wetin #NEPA no go see untop pole?? pic.twitter.com/SivYlZxHh8

— luwakanty (@KantyBoii) December 12, 2019

Beginning. End of the decade
of a decade#NEPA #PHCN pic.twitter.com/sv8AFiFBiS

— Udo Chukwudubem (@chukz_b) December 12, 2019

Related posts

Apple Card faces probe over discrimination complaint | ABS-CBN News

cell phone person

Something curious happened when a husband and wife recently compared their Apple Card spending limits.

David Heinemeier Hansson vented on Twitter that even though his spouse, Jamie Hansson, had a better credit score and other factors in her favor, her application for a credit line increase had been denied.

The prominent software developer wondered how his credit line could be 20 times higher, referring to Apple Card as a “sexist program” (with an expletive added for emphasis).

The card, a partnership between Apple and Goldman Sachs, made its debut in the United States in August.

“My wife and I filed joint tax returns, live in a community-property state, and have been married for a long time,” he wrote Thursday on Twitter. “Yet Apple’s black box algorithm thinks I deserve 20x the credit limit she does.”

Hansson’s tweets caught the attention of more than just his 350,000 followers.

They struck a nerve with New York state regulators, who announced Saturday that they would investigate the algorithm used by Apple Card to determine the creditworthiness of applicants.

Algorithms are codes or a set of instructions used by computers, search engines and smartphone applications to perform tasks, from ordering food delivery to hailing a ride — and yes, applying for credit.

The criteria used by the Apple Card are now being scrutinized by the New York State Department of Financial Services.

“Any algorithm that intentionally or not results in discriminatory treatment of women or any other protected class violates New York law,” an agency spokeswoman said in a statement Saturday night.

“DFS is troubled to learn of potential discriminatory treatment in regards to credit limit decisions reportedly made by an algorithm of Apple Card, issued by Goldman Sachs, and the Department will be conducting an investigation to determine whether New York law was violated and ensure all consumers are treated equally regardless of sex,” the statement said.

An Apple spokeswoman directed questions to a Goldman Sachs spokesman, Andrew Williams, who said that the company could not comment publicly on individual customers.

“Our credit decisions are based on a customer’s creditworthiness and not on factors like gender, race, age, sexual orientation or any other basis prohibited by law,” Williams said.

David Hansson did not respond to an interview request Saturday night.

His wife’s experience with the Apple Card, the first credit card offering by Goldman Sachs, does not appear to be an isolated case, however.

Steve Wozniak, who invented the Apple-1 computer with Steve Jobs and was a founder of the tech giant, responded to Hansson’s tweet with a similar account.

“The same thing happened to us,” Wozniak wrote. “I got 10x the credit limit. We have no separate bank or credit card accounts or any separate assets. Hard to get to a human for a correction though. It’s big tech in 2019.”

In addition to Goldman Sachs, Apple partnered with Mastercard on the Apple Card, which the companies hailed as a revolutionary “digital first” credit card that had no numbers and could be added to the Wallet app on the iPhone and used with Apple Pay.

A spokesman for Mastercard, which provides support for Apple Card’s global payments network, did not respond to a request for comment Saturday.

David Hansson, a Danish entrepreneur and California resident, is known for creating Ruby on Rails, a popular computer coding language used to create database-backed web applications. He is an author and decorated race car driver on the Le Mans circuit, according to a biography on his website.

In a subsequent tweet, he said that the Apple Card’s customer service representatives told his wife that they were not authorized to discuss the credit assessment process.

He said that customer service employees were unable to explain why the algorithm had designated her to be less creditworthy but had assured his wife that the bank was not discriminating against women.

An applicant’s credit score and income level are used by Goldman Sachs to determine creditworthiness, according to a support page for the Apple Card. Past due accounts, a checking account closed by a bank for overdrafts, liens and medical debts can negatively affect applications, the page stated.

On Friday, a day after David Hansson started railing on the Apple Card’s treatment of female credit applicants, he said his wife got a “VIP bump” to match his credit limit. He said that didn’t make up for the flawed algorithm used by Apple Card.

He said many women had shared similar experiences with him on Twitter and urged regulators to contact them.

“My thread is full of accounts from women who’ve been declared to be worse credit risks than their husbands, despite higher credit scores or incomes,” he said.

2019 The New York Times Company

Related posts