How healthy is your business? To find out, answer these simple questions below.
1. Do all your employees have a written contract of employment? Y/N
2. Are these contracts of employment issued within the first 8 weeks of their employment commencing? Y/N
3. Do you have job descriptions for all roles within the organisation? Y/N
4. Do you check that all employees have the right to work in the UK? Y/N
5. Do you have a staff handbook? Y/N
6. Do you have written disciplinary and grievance procedures? Y/N
7. Do your policies and procedures comply with employment legislation? Y/N
8. Do you have a probationary period for new hires? Y/N
9. Do you know the 5 reasons for a fair dismissal? Y/N
10. Do you have a clear procedure for dealing with absence? Y/N
If you answered yes to under 5 questions, you are at high risk and should take immediate action.
If you answered yes to under 10 questions, you are at moderate risk, there is room for improvement in this instance.
If you answered yes to 10 and more questions, well done! You are at low risk – your HR essentials seem to be in place.
How can Employment Law Services (ELS) Help?
If you are an employer who requires assistance with any of the issues raised in this blog contact us today for your free consultation 0370 218 5662.
Employment legislation covers all areas of day-day business activities. This includes what employers can and cannot do in regard to employment contracts, recruitment, wages, dismissals, employee rights and working hours.
All employers – no matter what size – must ensure they comply with UK employment legislation, failure to do so can expose your business to costly employment tribunal claims. Test your knowledge here (answers at the bottom – no cheating!)
(1) When does a contract of employment begin?
The first day of employment
As soon as the candidate has accepted the job
When the candidate has been offered an interview
(2) What age is an employee entitled to the National Living Wage?
(3) What are employees not entitled to?
The right to not be discriminated against
The right to a safe working environment
The right to 7 weeks paid holiday
The right to not be harassed bullied or victimised
(4) How many weeks of statutory maternity pay is a pregnant woman entitled to?
(5) If an employee has a disability, what must the employer do?
Make reasonable adjustments
Avoid discussing the subject with the employee
(6) An employee should be paid for all unauthorised overtime
(7) What is the current National Minimum Wage Rate for employees aged 21 and over?
(8) Can an employee claim they have been sexually discriminated against if they have only been employed by the company for 6 months?
(9) What is constructive dismissal?
An act of employment termination made without good reason or contrary to the country’s specific legislation
A situation in which an employee’s contract of employment has been terminated by the employer, where the termination breaches one or more terms of the contract of employment, or a statute provision or rule in employment law
When an employee terminates the employment relationship in response to the employers behaviour towards them
(1) A contract starts as soon as an offer of employment is accepted. Starting work proves that you accept the terms and conditions offered by the employer.
(2) 25. From April 2018, individuals aged 25 and over are entitled to £7.83ph.
(3) An employee is not entitled to 7 weeks paid annual leave.
(4) If an employee qualifies for Statutory Maternity Pay (SMP) it is paid for a maximum period of 39 weeks. It is paid: for the first six weeks at 90 per cent of their average gross weekly earnings with no upper limit. for the remaining 33 weeks at the lower of either the standard rate of £140.98 or 90 per cent of their average gross weekly earnings.
(5) It is an employers duty to make reasonable adjustments to allow disabled employees to carry out their work activities with ease.
(9) Constructive dismissal occurs when an employee terminates the employment relationship in response to the employers behaviour towards them.