New Year, New Start, New Job: An Employer’s Guide to Hiring Employees

This short article is aimed at the businesses who are looking to employ new staff.  It is important to take the correct legal steps when hiring new employees. Though it may seem simple to some, there are mandatory steps that any employer must take when looking to take on a new employee – and that doesn’t mean just showing them where the tea and coffee is located! Right to work in the U.K. First thing’s first, every employer MUST ensure that their new employee has a right to work in the U.K. Right to work checks can be carried out manually by obtaining documents from an approved list (see Home Office website for this). If an employee is unable to show their documents or status, you may be able to use the free Employer Checking Service…

The problem with work Christmas parties

Christmas parties are a great chance for employees to have fun together and for employers to treat their staff as a ‘thankyou’ for their hard work during the year. An unintended consequence can be that employees take this as a chance to behave badly or share uncomplimentary opinions about colleagues and managers that they have kept under wraps during the rest of the year. An employment tribunal is likely to see the Christmas party as falling within the ambit of employment, bringing the risk of the employer being liable for discrimination and other claims. This can also land you with grievances and damaged relationships. ‘No team is harmonious all the time, but sometimes working relationships can deteriorate to such an extent that employers may need to take drastic steps to resolve the situation. A breakdown in…

Adoption rights; what employers need to know

According to the charity Adoption UK there are nearly 3,000 children in care waiting to be adopted, and as charities seek to raise awareness of this during National Adoption week (17-23 October 2022), employers may get questions about employment rights related to adoption. Kalpesh Nakeshree, Head of Employment law with Ware &Kay explains how ‘Family-friendly employment rights support employees adopting looked-after children, as well as children adopted through surrogacy arrangements or from overseas. Although employment rights for adopting parents lagged behind those of a biological mother, adopting parents now have broadly the same entitlement to leave, pay and legal protection.’   Who is entitled to adoption employment rights? An employee may be adopting on their own, with a spouse, civil partner or in an unmarried couple, whether same or different sex. Adoption employment rights apply to…

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Employee benefits; pitfalls to avoid

Employee recruitment and retention remains challenging for employers and offering an attractive package of benefits can give employers an edge. A wide range of benefits can be offered, including buying or selling annual leave; reduced gym membership; private medical insurance; critical illness insurance and retail discounts or vouchers. ‘Employers need to take care with employee benefits as the rules around different benefits can be complex, and there are often unanticipated knock-on effects,’ explains Kalpesh Nakeshree, Head of Employment Law with Ware & Kay in York & Wetherby.  He outlines the key pitfalls to be aware of and explores the Government’s cycle to work scheme, by way of a practical example. Benefits of little value Although it may seem obvious, employers need to make sure that what they offer remains valuable to their particular workforce. Employees looking…

Negotiating a senior executive package

Recruiting the right senior executive can be an immense benefit to a company if they bring the right mix of skills, experience, and contacts to the business. It is not uncommon for the recruitment process to include some informal occasions, at which terms, conditions and incentives might be discussed.  Failing to capture such casual agreements and to spell them out in detail in the employment contract can lead to problems down the track if there is a misalignment of understanding.  ‘Remuneration packages and contractual terms for senior executives can be complex. So, investing time and resources in the negotiations and in setting out the agreed terms is well worth it’, according to Kalpesh Nakeshree, Head of Employment Law with Ware & Kay Solicitors.  ‘Not doing so can prove costly, damaging to the business or the individual’s…

Employment Law Newsletter July 2022

This article covers: 1. Early Conciliation: How to Avoid the Employment Tribunal 2. Part-Time Workers Rights 3. “Wellness” in the Workplace 4. Was Dismissal of Employee Fearful of Covid-19 Fair 1. Early Conciliation: How to Avoid the Employment Tribunal The obvious route to avoid the employment tribunal is for employees and employers to discuss workplace issues as they arise and to resolve them before they become disputes. However if informal workplace conversations or more formal approaches such as a grievance procedure don’t work, employers can find themselves facing a claim in the employment tribunal. The question is, how to avoid the claim being heard, in public, in the employment tribunal. Before commencing a claim in the employment tribunal the employee must inform Acas – please note strict time limits apply at every stage so don’t delay…

Summer 2022, employment law update

This year’s Queen’s Speech was surprisingly light on employment law developments, with the omission of the long-awaited Employment Bill. However, the last few months have seen a couple of announcements from the Government regarding the future of work, data protection, exclusivity clauses and the menopause which employers need to be aware of, and tribunal and Employment Appeal Tribunal decisions continue to provide interesting reading, including decisions in the context of Covid-19. Kalpesh Nakeshree, Head of Employment Law with Ware & Kay, provides a round up of recent developments for employers. Whatever happened to the Employment Bill? The Employment Bill was proposed in 2019, and the Government has indicated several times that it would bring in changes such as extending redundancy protection for new parents and pregnant women and a new right to neonatal leave, as well…

Employers - let’s talk about pay

The subject of pay is always a hot topic and requires sensitive handling. Employees feel they need more, due to the rising costs of living, or believe they deserve more due to increased responsibilities or experience.  Meanwhile, employers are under pressure to cut costs while seeking to attract the best people with an attractive package.  ‘These conflicting tensions sometimes make it difficult to strike the right balance, so employers need to take care when looking at setting pay levels to ensure that your business is not vulnerable to a claim relating to equal pay or discrimination,’ says Kalpesh Nakeshree, Head of Employment Law with Ware & Kay. ‘There are a number of ways in which employers can avoid creating these risks and ensuring staff feel fairly treated when it comes to pay.’ Kalpesh highlights the risks…