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You are here: Home » Archives for employment rights

employment rights

Disciplinary inestigation

A disciplinary investigation is the first important step in carrying out a full and fair disciplinary process. It is one step that employers may find insignificant but, on the contrary, a proper investigation will generally lead to a smoother disciplinary rocedure.

An investigation is key as it is required by the Acas Code of Practice on Disciplinary and Grievance Procedures and will be taken in to account by an employment tribunal when deciding compensation awards. It is usually detailed in a company’s disciplinary policy and procedure which should be followed internally.

Here’s what every business owner needs to know about a disciplinary investigation; Continue…

Fixed term employment contracts are generally seen by employers as those which “plug the gap” when their normal, permanent employees are absent for a period of time.

Fixed term contracts are useful tools for businesses who need to employ staff to cover short term peaks in business demands. But before employing staff on a fixed term contract, employers need to be aware of the rights fixed term employees have to ensure they are not at risk of a tribunal claim.

So to help make sure you don’t get caught out, we asked employment law expert, Peter Done to explain the key points of fixed term contracts for small businesses; Continue…

Figures from The Pensions Regulator (TPR) reveal that more than 95 per cent of the small employers required to put their staff into a workplace pension by June 2016 had complied with the law.

To the end of September, almost 257,000 employers had completed their automatic enrolment duties and enrolled over 6.7 million workers on to an auto enrolment pension scheme.

During the first quarter of 2017, the automatic enrolment legislation will step up a gear as more than 1 million small businesses will need to meet their automatic enrolment duties. And so with a busy time ahead, we asked Caroline Bateman of Enrolsme to offer her tips on how small business can set up an auto enrolment pension scheme in 2017, ‘stress free’; Continue…

Once a contract of employment is in place, notice has to be given by either party to the contract to end it. There are two types of notice periods; statutory notice and contractual notice.

As an employer, if you fail to give the correct notice when terminating an employment contract, you are in breach of contract. This could result in an appearance before the employment tribunal and you having to pay damages.

To help small business owners understand the law regarding notice periods, we asked HR expert, Peter Done of Peninsula Business Services to explain what employers’ need to know about giving notice to end an employment contract; Continue…

No matter how successful your business has been with just you working in it, if you want to grow you will need to take on employees.

There are innumerable benefits of having employees. The right people will ease the workload on you and allow you take holidays. Good staff keep your business running day to day, so you can focus on the most important part of your role as the leader: growing the business.

But being an employer brings with it a wide range of responsibilities that are driven by statutory requirements. The law places certain obligations on employers to ensure the rights of their staff are adhered to. And you have a general ethical responsibility to look after your team and ensure they are fit, well and happy at work.

The majority of these responsibilities start from day one of employment and continue for the lifetime of the employment relationship. When you hire staff, some of your main responsibilities as an employer are;

Continue…

Many companies are enthusiastic about creating opportunities for younger people to gain business experience and skills in shorter placements, often labeling these as work experience or internships.

While larger businesses frequently put internship schemes in place, many smaller businesses can be put off offering these opportunities because they view them as an extra administrative burden.

Many small business owners hold the misconception that they would take up large amounts of time, money and effort but this is not always the case. In fact, providing such opportunities can bring tangible benefits for smaller employers.

Here’s what every small business owner needs to know about offering work experience and internships; Continue…

Having to carry out difficult conversations is an inevitable consequence of owning a business and being an employer. When most business owners start employing staff they often haven’t thought of the reality of becoming an employer and having to tackle workplace issues as they arise.

Employers often don’t have the confidence to successfully carry out difficult conversations but avoiding these, and leaving issues to fester, is likely to negatively impact the business and, whilst this may be avoided in a larger business, a lack of productivity, capability or incidents of misconduct can have a serious effect on the business as a whole.

As a small business employer, you can avoid this outcome by being prepared, and facing difficult conversations with confidence in your ability to come to a positive solution. Here’s how; Continue…

Workplace diversity is a term which relates to the people who work for an organisation. It is often spoken about with reference to equal opportunities, and the two are intrinsically linked, but have varying perspectives.

Providing equal opportunities means ensuring that no individual is treated less favourably on the basis of who they are – that all decisions taken in relation to them are based on fact and merit alone.

So what are the benefits of workplace diversity to a small business and how can you achieve it? This guide provides you with the necessary advice. Continue…

When you start taking on employees you will be faced with a fair amount of legal responsibilities. It’s important you understand all your obligations as an employer as if you don’t comply with UK employment law you can easily find yourself in front of an employment tribunal.

As a small business owner, your legal responsibilities when taking on staff can be somewhat daunting but with a little help you can soon get your head around what’s needed.

One of your first duties as a new employer is to ensure you comply with employment contract law. To help you understand your legal obligations, here’s a guide to employment contracts for small business owners;

Continue…

When you employ staff you must give them a certain amount of annual leave, and pay them during this time.

If your employees work a set amount of hours, and received a fixed salary, calculating their annual leave entitlement and holiday pay is straightforward. However, if staff have irregular hours, work overtime, or receive commissions or bonuses then calculating holiday pay can get quite tricky.

To help new business owners and employers understand the regulations on calculating holiday pay, we asked employment law expert, Peter Done to explain the key points for small businesses;
Continue…

As an employer you are required by law to give your employees a certain number of days holiday during the year. The amount of annual leave employees are entitled to depends on several factors.

This guide to leave entitlement for small business owners explains the amount of holiday you are required by UK law to give your employees, and how to calculate this for workers not working a normal working week.

Also covered are the laws regarding bank holidays, carrying over unused leave days, imposing a period of annual leave on staff e.g. over the festive season, and when you can refuse employees’ requests to take holiday;

Continue…

Nobody goes into business to make staff redundant. However, it is a task that many business owners will need to undertake at some point

Redundancy is a potentially fair reason to dismiss an employee, but it is vital that you get this procedure right as failure to do so could result in an unfair dismissal claim at the employment tribunal.

Here’s a step by step guide to the redundancy process, and how to negotiate it safely.
Continue…

Statutory flexible working rights become available widely to all employees when they complete 26 weeks of continuous employment.

Previously, a request to work flexibly had to be made for the purposes of taking care of dependents e.g. children, however, this requirement has now been removed, giving all employees the right to request flexible working regardless of their care responsibilities.

This means that all of your employees, provided they meet the length of service criteria, can potentially seek to exercise their statutory rights to request flexible working.

Here’s what every small business owner needs to know about flexible working rights, and how to handle flexible working requests from staff so that you don’t end up in front of an Employment Tribunal; Continue…

From 1st April, 2016 all employers will need to comply with the new National Minimum Wage regulations.

To help you understand exactly what the National Living Wage is, and what you need to do to comply with the new legislation, here’s a guide to the National Living Wage for small business owners;

Continue…

Despite every effort, even the best-run businesses may encounter disciplinary problems with employees from time to time.

Although it is always best to focus on effective management practice and preventative measures, having clear and fair disciplinary procedures is a good first step in avoiding difficult employment tribunals.

Here’s what you need to consider, the procedures you need to put in place and the steps to follow when it comes to disciplinary matters;

Continue…

Mental health problems are often misunderstood, but as an employer it’s your responsibility to ensure that your employees are treated fairly.

Some people may recover from a mental health condition such as anxiety or depression, or it may only have a minor effect, but if an employee’s mental health issues are severe enough to count as a disability, you will also have to consider your legal responsibilities towards them.

This guide outlines your duties and responsibilities to any staff with mental health problems, and helps to ensure that you don’t inadvertently discriminate against them.

Continue…

Having to dismiss an employee is something many employers dread, due to the possibility that the dismissed employee may take them to an employment tribunal if they feel they weren’t treated fairly. This is why you should take care to act reasonably towards employees throughout the dismissal procedure.

So if you have a member of staff that you feel you may have to dismiss, this guide will hep you to understand how you can do this legally and without the unwanted fear, distraction or costs of appearing before an employment tribunal.

Continue…

Taking on your first employee should be an exciting time. It means your business idea is working and you need help to expand. But while employees will help your business grow, they will also bring new stresses you may not have encountered before.

When you are employing new staff, there are all sorts of costs that you must take into account. Plus the way your business runs with just you and any business partner, may not continue to be appropriate when employees are on board.

This guide will help you identify the true costs of an employee, and build a plan to manage the impact on your business. Continue…

In April 2016 the National Living Wage legislation will come in to force. From this date all employers will be required to pay staff over the age of 25, a minimum rate of £7.20 per hour.

With experts suggesting that National Living Wage (NLW) could be a step into the unknown, many business owners are rightly feeling nervous about the new legislation.

Lord Wolfson, the boss of Next, for example has stated that prices at the retailer could be driven up by the legislation, which would mean an extra £27million being spent on wages each year. Similar soundings have come from businesses like Whitbread, owner of Costa Coffee and Premier Inn, too – warning that the National Living Wage would cost them an extra £20million.

All businesses with employees will be affected, but those that employ staff with pay rates at, or near the existing minimum wage will be hit hardest. So what can employers do to prepare themselves for the National Minimum Wage legislation? Continue…

Disability in the workplace is a very contentious issue, and something that we certainly wouldn’t be able to definitively cover here.

However, what we can do is to help you as an employer to understand how to behave with care and attention – so as to avoid getting into any grief when it comes to dealing with any disability in your business.

Continue…

What does ‘Shared Parental Leave’ mean for your business?

July 3, 2015

New parental leave legislation came into effect in April 2015, giving men and women the option to share child care over the course of a year. Increased flexibility provided by shared parental leave will enable more men to be involved in child care and bond with their babies. It will also give women the freedom […]

Flexible working rights for all employees – what small businesses need to know

August 22, 2014

In June 2014, flexible working requests became a universal right. Anyone with 26 weeks of continuous employment can now ask to work flexibly for any reason. The repercussions for small businesses, in which each employee may be vital to day-to-day operations, could be significant.

How to attract and retain the best employees

June 11, 2014

There are a few certainties in life; death, taxes and skills shortages. However you’ll notice that some companies suffer more than others when it comes to hiring and keeping great employees. So, how can you be one of the smug employers that attracts and retains great people when everyone else is struggling? And how can […]