Do’s
- Be aware that all your employees have a legal right to a written employment contract within 8 weeks of starting work (fine for non-compliance is 4 weeks’ pay per person.)
- Ensure you check documents such as passport, National Insurance number etc to ensure they have the right to work in the UK (fine used to be £10,000 per person but is now unlimited per person employed who does not have the right to work and it is your responsibility to check, not theirs to declare!)
- Take the time to check what employees’ statutory rights are in the UK around holiday, minimum wage, pensions, sick pay, rest breaks, maternity, notice etc. (There are in excess of 40 statutory rights, so don’t get caught out.)
- Create an employment handbook to accompany your contract of employment so everyone is clear about how issues such as discipline, holiday, conduct at work etc will be managed and what the standards are.
- Be aware that the legislation in Scotland and Northern Ireland is slightly different to that of England and Wales in a few areas so if you employ people in these countries, check the legislation.
Don’ts
- Be complacent about your legal obligations including disciplinary procedures that the law requires you to follow and the process to follow should an employee appeal.
- Think that the only HR support you can obtain in the UK is from lawyers. You will find that HR consultancies (specialising in employment law and employee relations) are often far cheaper and provide more commercial advice which is often given in plain English rather than legalese. (Also check out docswizard.co.uk for a whole suite of letters and documents you might need to manage your staff.)
- Forget to use the probationary period well and to dismiss early if someone is not working out. Employees in the UK gain rights to claim unfair dismissal after working for two years.
- Ignore TUPE legislation (Transfer of Undertakings Protection of Employment) if you are buying or selling your UK business – or part of it. Staff have many legal rights under TUPE which both buyer and seller need to be aware of. Don’t get caught out.
- Think that Brexit means that the employment laws in the UK will diminish significantly. Whilst we do not yet know what the end position will be it is unlikely that employment laws will become less onerous for employers.
And Finally…
Whilst the laws in the UK are onerous for employers – particularly those that only employ a few people there is a free government paid advice service that provides lots of guidance on all parts of the law. Contact Acas – by phone or via their website.