What Employers should What Employers should know about Employment know about Employment

Law Law

How to avoid making ghastly How to avoid making ghastly mistakes that you later regret.mistakes that you later regret.

The things employers should never The things employers should never dodo

Sack an employee on the spot Sack an employee on the spot without taking time to consider the without taking time to consider the legal consequences of their actions.legal consequences of their actions.

They should never act in anger or on They should never act in anger or on the spur of the moment no matter the spur of the moment no matter what the provocation.what the provocation.

They should never write aggressive They should never write aggressive or ill considered emails to their staff or ill considered emails to their staff or make inappropriate comments.or make inappropriate comments.

Never TouchNever Touch Do not engage with horse play banter or Do not engage with horse play banter or

make threats or inappropriate comments.make threats or inappropriate comments. Such as about anyone’s sexuality or that Such as about anyone’s sexuality or that

you find “X” attractive etc.you find “X” attractive etc. Do not condone or permit physical contact Do not condone or permit physical contact

between staff members even in good fun. between staff members even in good fun. Stamp it out.Stamp it out.

Do not condone or permit the display of Do not condone or permit the display of pornography even mild nudity in the work pornography even mild nudity in the work place.place.

Never condone, permit or accept any Never condone, permit or accept any racial comments or slurs even in jokes.racial comments or slurs even in jokes.

What the employer must doWhat the employer must do Provide an employee with their Provide an employee with their

Terms and Conditions of Terms and Conditions of Employment or a Contract of Employment or a Contract of employment within 2 months of employment within 2 months of them being employed. A failure to them being employed. A failure to do so can result in a penalty of up do so can result in a penalty of up to 4 weeks pay.to 4 weeks pay.

Provide a safe working Provide a safe working environment and a safe system of environment and a safe system of workwork

When dealing with job applications When dealing with job applications make sure that you write down make sure that you write down the criteria for the job e.g. what the criteria for the job e.g. what the job is, what skills the person the job is, what skills the person appointed must have, if they need appointed must have, if they need experience it is relevant experience it is relevant experience to the job and experience to the job and necessary (age discrimination).necessary (age discrimination).

You must not reject applicants on You must not reject applicants on the basis of their sex, race, the basis of their sex, race, disability, sexual orientation, disability, sexual orientation, religion or age.religion or age.

Legal RequirementsLegal Requirements

All employees must be paid the All employees must be paid the minimum wage which is;minimum wage which is;

16 and 17 year olds - £3.5318 to 21 year olds - £4.7722 and over - £5.73

This is in force from the 1st of October 2008.

Have a Grievance and a Have a Grievance and a Disciplinary Procedure in placeDisciplinary Procedure in place

These systems must These systems must comply with the comply with the minimum standards minimum standards under the Dispute under the Dispute Resolution Resolution Regulations. If they do Regulations. If they do not any dismissal will not any dismissal will be automatically be automatically unfair if the employee unfair if the employee has more than a has more than a year’s service.year’s service.

Working Time RegulationsWorking Time Regulations

An employee should not be required to work more than An employee should not be required to work more than 48 hours per week on average over a 13 week reference 48 hours per week on average over a 13 week reference period unless they have signed an “opt out agreement”.period unless they have signed an “opt out agreement”.

This means you can ask an employee to work longer This means you can ask an employee to work longer than 48 hours on some weeks as long as the average than 48 hours on some weeks as long as the average over the 13 week period does not exceed 48 hours.over the 13 week period does not exceed 48 hours.

An employee may opt out of this by signing an “Opt Out An employee may opt out of this by signing an “Opt Out Agreement”. If they do sign such an Agreement they can Agreement”. If they do sign such an Agreement they can give 13 weeks notice of opting back in again.give 13 weeks notice of opting back in again.

Days OffDays Off An employee has a minimum right An employee has a minimum right

to 2 rest days off per fortnight. to 2 rest days off per fortnight. They do not have to be taken They do not have to be taken consecutively or in the same consecutively or in the same week.week.

If they are in a retail shop or If they are in a retail shop or betting office they can refuse to betting office they can refuse to work Sundays if they are a work Sundays if they are a protected shop worker or an protected shop worker or an opted out shop worker.opted out shop worker.

In brief, if they are a shop In brief, if they are a shop worker/betting office worker and worker/betting office worker and they have never agreed to work they have never agreed to work Sundays and their contractual Sundays and their contractual hours do not require you to work hours do not require you to work Sundays then they are a Sundays then they are a protected shop worker. Other protected shop worker. Other than this they can opt out as an than this they can opt out as an opted out shop worker.opted out shop worker.

RestRest Workers are entitled to an 11 hour break between shifts.Workers are entitled to an 11 hour break between shifts.

This means that on any rota there should be a gap of 11 This means that on any rota there should be a gap of 11 hours rest unless the shift is a split shift within a 24 hour hours rest unless the shift is a split shift within a 24 hour period and then there is an 11 hour break before the next period and then there is an 11 hour break before the next shift.shift.

There are exceptions to this for certain key employments or There are exceptions to this for certain key employments or within the driving hours rules.within the driving hours rules.

The main exception is emergency situations on rare The main exception is emergency situations on rare occasions.occasions.

Holidays MinimumHolidays Minimum As from 1st October 2007 the As from 1st October 2007 the

Working Time (Amendment) RWorking Time (Amendment) Regulations 2007, SI 2007/2079egulations 2007, SI 2007/2079 "boost the minimum holiday "boost the minimum holiday entitlement for most full time entitlement for most full time workersworkers from 20 days a year from 20 days a year to 24 days this October, and to 24 days this October, and to 28 days from April 2009" to 28 days from April 2009" (see (see 2007/06/12 - DTI Press Releas2007/06/12 - DTI Press Release "Extra holidays for up to six e "Extra holidays for up to six million workers"million workers"). ).

Bank Holidays are included in Bank Holidays are included in the calculation so do not the calculation so do not panic if the business is closed panic if the business is closed on bank holidays and staff get on bank holidays and staff get 20 additional days per annum 20 additional days per annum then you will be compliant in then you will be compliant in April 2009April 2009

When to take advice?When to take advice?

If you are considering redundancy, If you are considering redundancy, dismissal or updating or getting dismissal or updating or getting Contracts of Employment or Employee Contracts of Employment or Employee Handbooks.Handbooks.

If you have a complaint re child care, If you have a complaint re child care, family time off, flexible working.family time off, flexible working.

If you have an employee on long term If you have an employee on long term sick or who may be Disabled.sick or who may be Disabled.

Pregnancy, Maternity or any Pregnancy, Maternity or any allegations of Discrimination.allegations of Discrimination.

What you can do to protect yourself What you can do to protect yourself from claimsfrom claims

Keep records even if it’s just a diary of incidents Keep records even if it’s just a diary of incidents that occur in work.that occur in work.

If you are considering taking disciplinary action If you are considering taking disciplinary action get advice if you are unfamiliar with the process.get advice if you are unfamiliar with the process.

Ensure that a meeting which may have Ensure that a meeting which may have consequences to the employee is conducted with consequences to the employee is conducted with a witness, notes should be taken and the a witness, notes should be taken and the employee should be advised of whether the employee should be advised of whether the meeting is disciplinary in nature, they must be meeting is disciplinary in nature, they must be notified in advance in writing and have details of notified in advance in writing and have details of the allegations and be given the right to be the allegations and be given the right to be accompanied by a work colleague or Union accompanied by a work colleague or Union Representative.Representative.

ContinuedContinued

Never ignore complaints it’s better to Never ignore complaints it’s better to record the details and actions taken record the details and actions taken and why.and why.

Be careful do not assume that Be careful do not assume that changes that are necessary for the changes that are necessary for the needs of the business will be needs of the business will be accepted, people have families.accepted, people have families.