Zero Hours Contracts

It is estimated that anything between 250,000 and one million workers are employed on zero hours contracts in the UK. Employment law does not define a zero hours contract. In practice it has come to mean a contract for casual work, where the employer does not guarantee to provide the individual with any work and pays them only for the work actually done. Usually, the worker is expected to be available to work if called on by the employer. Workers are effectively on standby and are generally contacted at the start of each week and told how many hours they will be required to work that week. The advantages for employers are clear: they do not have to pay staff when there is no work available for them; nor do they have to pay sick…

Recruitment Best Practice For Employers

Most employers will need to recruit a new member of staff at some stage, either because an employee has left and they need to be replaced, or because they are expanding. Finding the right person can be tricky but employers need to follow a fair selection procedure to reduce the risk of allegations of discrimination. Discrimination law covers all areas of employment, including advertising jobs and recruitment. You should keep records of the equal opportunities training that managers have received, all decisions made during the recruitment process and the reasons for them, in case you have to justify a decision later. A fair recruitment selection process should: Use a standard application form - a job description and a person specification should not include requests for personal information. Equal opportunities monitoring forms should be kept…

Share For Employment Rights

Three different types of employment status have existed for some time: employee, self-employed and worker. Each benefits from a slightly different range of employment rights. From September 2013, a fourth type joined the list: employee shareholder. This measure was introduced by the government to reduce employment costs for employers by giving employees a stake in the company they work for in return for waiving some of their employment rights. Employees have to be given shares in the business in order to become employee shareholders. The status can only be offered if your business is run as a company. Sole traders, partnerships, charities and public sector organisations will not be able to take part.  An employee shareholder has to be given fully paid-up shares worth at least £2,000 and there is no maximum amount they can…

Do I Need A Staff Handbook

Most employers will be aware that it is a legal requirement to give all employees a written statement of particulars of employment, but also having a staff handbook gives you an opportunity to set out in detail what you expect from your staff. It is a means of passing on to employees important information about your organisation and how it works on a day-to-day basis. It is also a handy place to keep forms for sickness self-certification, requesting holidays, claiming expenses and so on. The handbook can either be printed and a copy given to each employee or it can be put on your intranet so that all staff can access it. There are some policies and procedures that you have to give employees by law and a staff handbook is a good place to…

Shared Parental Leave

Sheryl Sandberg's book 'Lean in' has refreshed the debate on gender equality in the workplace, encouraging women not to sabotage their own careers in order to have children. Sandberg's vision of 50 per cent women in every boardroom could only ever be achieved by changes to employment laws on maternity and paternity provision. To reduce discrimination based on pregnancy and childbirth and make it easier for men to have an equal role in raising their children, the government has launched the Children and Families Bill introducing shared parental leave for mothers and fathers in 2015. The new scheme will allow parents to share the statutory maternity leave and pay that is only available to mothers at the moment. Ordinary paternity leave and pay will continue but additional paternity leave and pay will be abolished. Women…

Employment Law Changes April 2013

The government is planning to make a number of changes to employment law in the near future. The key changes which will affect employers include: Increases in statutory payment rates Statutory payments go up every April at the start of the new tax year.  For the next three years they are limited to a one per cent increase.  From 6 April statutory sick pay will be £86.70 per week. Statutory maternity, paternity and adoption pay go up on the first Sunday in April so, from 7 April, they will be £136.78 per week. Increase in parental leave From 8 March parents will be able to take a maximum of 18 weeks unpaid parental leave per child, rather than 13 weeks. Parents will still be able to take a maximum of four weeks leave per year…

Social Media The Implications For Employers

The use of social media, such as Facebook, Twitter, YouTube, LinkedIn and blogs is growing every day and, with many people accessing social media at work, it is hardly surprising that Facebook has been described as an "HR accident waiting to happen". What are the risks associated with allowing social media to be used in the workplace and how can employers minimise them when developing a social media policy? Risks include: discrimination claims; lost productivity; vicarious liability for employee's actions; losing confidential information; damage to the reputation of the business; and losing ownership of social media contacts.   The most effective way to minimise risks is to issue a social media policy to all staff including consultants, contractors, casual staff, agency workers and volunteers. A good policy will cover access periods, monitoring provisions…

Dismissing A Senior Executive

An executive director, who is employed by a company, has the same employment rights as any other employee. This means that he or she can claim compensation for redundancy, unfair dismissal, wrongful dismissal or breach of contract. If they suspect that their dismissal is because of discrimination, they may also be able to claim for this. A company may also have to address the following tricky issues: removal as a director of the company; transfer of any shares held by the director; dealing with any share options; obtaining shareholder approval for any compensation payments; and safeguarding the business after the director leaves.   In order to defend a claim of unfair dismissal, a company will need to show that it followed a fair procedure and that it acted reasonably in all the circumstances…

Lawful Deductions From Pay

As the recession continues to bite and many employers feel the need to run a tight ship, care should be taken that deductions from employees' wages are made lawfully to avoid expensive tribunal claims. "Wages" are defined broadly and cover any sums payable to the worker in connection with employment, including any fee, bonus, commission, holiday pay or other payment referable to the worker's employment. A deduction from a worker's wages can only be made lawfully if: the deduction is required or authorised by law, and this includes tax, national insurance and attachment of earnings; the deduction is required or authorised by the worker's contract, for example a company car clause; or  the worker has given prior written consent to the deduction, such as a season ticket loan agreement or the purchase of childcare…

How To Discipline Employees Fairly

Some employers are reluctant to address problems with employees and put up with unacceptable conduct or substandard performance, sometimes for many years, until the employee resigns and solves the problem by default. However it is possible to deal with such matters fairly, without risking costly employment tribunal claims. You should first consider whether you need to take formal action under your disciplinary procedure and carry out a thorough and reasonable investigation. Before the disciplinary hearing, the employee must be informed in writing of the case against them, told what the possible consequences will be, given copies of any evidence so they can prepare and reminded of their right to be accompanied by a work colleague or trade union representative.  At the hearing, you should explain the allegations and go through the evidence. Following the hearing…