An Introduction Employment Law Final

An Introduction to Employment Law,[object Object],Becoming An Employer Or Guiding A Small Business,[object Object]

Aims & Audience,[object Object],Small businesses may view it to understand areas of risk;,[object Object],Non-specialist solicitors (or paralegal/new qualified) will get something out of it;,[object Object]

Businesses fall into two distinct types,[object Object],With Legal Knowledge.,[object Object],Address the issues of employers obligations;,[object Object],Have contracts of employment;,[object Object],Have policies and procedures;,[object Object],Have staff/management handbooks,[object Object],Limited or No,[object Object],Employment Knowledge.,[object Object],No contracts;,[object Object],Poor management control of staff;,[object Object],High sickness/absence rates;,[object Object],Poor profilbility,[object Object]

Do all businesses need advice?,[object Object],Why they need something,[object Object],Why they need a lawyer,[object Object],Recruiting the right people for the right roles;,[object Object],Legal compliance – staying out of trouble;,[object Object],Profits are linked to people and performance.,[object Object],Three scenarios when they seek advice:-,[object Object],Tribunal Claim threatened or issued;,[object Object],Management Consultant engaged to develop the business grow;,[object Object],Business is growing/shrinking.,[object Object]

If your client gets this wrong?,[object Object],Risk of professional embarrassment;,[object Object],Risk damaging the business;,[object Object]

What to do....,[object Object],The starting point with employment law is always have what you have done documented:-,[object Object],Offer of Employment Letters;,[object Object],Contracts or Statement of Terms;,[object Object],Have policies in a Staff Handbook – have a Managers Operations Manual to support this and aid day to day staff management;,[object Object],Document and take notes at any discussions with staff – what was said, why, agreements reached.,[object Object]

What to do....,[object Object],Have redundancy and disciplinary criteria documented;,[object Object],Get staff to sign, acknowledge and agree handbooks, policies and agreed actions;,[object Object]

Recruitment,[object Object],Are you recruiting employees fairly?,[object Object],Are you selecting people you like or people you need?,[object Object],What is the job description?,[object Object],What is the person specification?,[object Object],Have you applied these to the applicants?,[object Object]

How to do it.....,[object Object],Focus on the skills needed – what would make your business better?,[object Object],Objective criteria – what is needed?,[object Object],Experience of in...,[object Object],Qualification in...,[object Object]

Continued,[object Object],Job Skills,[object Object],Person Specification,[object Object],How will they work?,[object Object],Factory floor/office/from home;,[object Object],Sales? Admin? Management? Junior? Apprentice?,[object Object],What is the core skills that are necessary?,[object Object],What additional skills would be nice?,[object Object],Specific qualification?,[object Object],Specific skills?,[object Object],Experience and level of expertise?,[object Object],Industry knowledge,[object Object],What you need from the employee and why?,[object Object],Discussed if possible with team.,[object Object]

How to do it.....,[object Object],Think it through,[object Object],Talk it through,[object Object],Make notes of the job available and tell applicants about it,[object Object],Make notes of the personal qualities needed and assess the applicants against it,[object Object]

Practically.....,[object Object],Get someone in to review and assess your current position and how best to improve it;,[object Object],That will mean training those with day to day people management duties, those who deal with grievances and discipline and having standard documents left with you to limit the management time necessary to maintain the new standards;,[object Object],In SME’s this often means training the owners and helping them benchmark performance of employees to maximise profit.,[object Object]

Offer Letters....the foundations of the employment house.,[object Object],Confirms the job offer obviously;,[object Object],More than that it manages expectations on both sides – Is working in an SME really for the prospective employee? What about the pressures? Lack of benefits?;,[object Object],It creates the focus to confirm and clarify things i.e. job role, pay, payment date, bonus structure, line management;,[object Object],It helps also create a job description (which probably should have proceeded all of the above and the recruitment process but......);,[object Object]

Statement of Terms – Section 1 Employment Rights Act 1996,[object Object],Most lawyers think of law as contractual rights. In employment the statutory position is the important one first and foremost – contract just adds the extras on to the basic compliance position.,[object Object],A Section 1 Notice contains the minimum criteria. There is no excuse for not using them because they are freely available on line and formulaic. (See Business Link Website);,[object Object],Good advisors will add to this as a base point though. Senior staff will need more detailed contracts of employment. This is were employment lawyers come into their own;,[object Object]

The Notice,[object Object],Provided to new employees within 8 weeks of commencement of employment;,[object Object],Employers who fail to do so may have a Employment Tribunal award compensation against them as part of other claims(Currently - between 2 and 4 weeks pay);,[object Object]

Contents – Statutory Minimum & Recommended combined,[object Object],The Parties;,[object Object],Date employment commenced;,[object Object],Job Title & Duties;,[object Object],Location;,[object Object],Confidentiality,[object Object],Hours of work;,[object Object],Pay;,[object Object]

Contents Part 2,[object Object],Holidays (28 days minimum for full time workers);,[object Object],Public holidays (and effects on part time workers to comply with case law and regulations);,[object Object],Pensions;,[object Object],Sickness and Injury;,[object Object],Termination of Employment;,[object Object]

Contents Part 3,[object Object],Post Termination Restrictions (if new Employee. Existing Employees take specific advise);,[object Object],Data Protection Notice (and consent);,[object Object],Collective and Workforce Agreements (if none state none);,[object Object],Company Handbook,[object Object],Signature to acknowledge receipt.,[object Object]

In an ideal world......here or in induction document.,[object Object],Restrictions after termination of employment;,[object Object],Grievance and Discipline (into company handbook);,[object Object],Acknowledgement of receipt of training on discrimination, company processes and health and safety policy. ,[object Object]

Policies,[object Object],These are best placed in a non-contractual Staff Handbook drafted to the legal minimum and/or the levels in force with your firm;,[object Object],Review is likely to be needed every April and October when the law changes in respect of most employment obligations;,[object Object],Most reputable suppliers will charge a flat fee for the handbook and a modest update price going forward; ,[object Object]

Policies ,[object Object],Health & Safety;,[object Object],Data Protection;,[object Object],General Standards of behaviour/dress;,[object Object],IT;,[object Object],Internet;,[object Object],Telephone and Mobile Telephone;,[object Object],Capability Procedure;,[object Object]

Policies - continued,[object Object],Discipline;,[object Object],Dismissal,[object Object],Redundancy;,[object Object],Grievance Procedure;,[object Object],Harassment;,[object Object],Whistle blowing;,[object Object],Personal Property;,[object Object]

Policies continued ,[object Object],Personal Transactions – Friends and family advice;,[object Object],Retirement Procedures;,[object Object],Training and Professional Development;,[object Object],Appraisals;,[object Object],Working Time Policy;,[object Object],Equal Opportunities;,[object Object],Parental Leave;,[object Object]

Policies Continued,[object Object],Maternity;,[object Object],Paternity;,[object Object],Adoption;,[object Object],Compassionate Leave Policy;,[object Object],Flexible Working,[object Object],Home/Remote Working,[object Object]

The work involved,[object Object],If coming at this having not done anything for some time it can be intimidating;,[object Object],It is a ongoing issue hence you need to put into place cost effective solutions.,[object Object]

Here’s Why.....,[object Object],Personnel Management.,[object Object],Staff need clear line management;,[object Object],To understand their role;,[object Object],To be challenged and motivated;,[object Object],Getting rid of the weaker elements of man management and supervision increases staff morale.,[object Object],Business Reasons.,[object Object],Your staff are how you make profit (even if you sell widgets they make/sell/distribute them);,[object Object],Your profits too;,[object Object],Good management equals enhanced performance.,[object Object]

Types of claim,[object Object],Wrongful Dismissal.,[object Object],Contractual in nature;,[object Object],Not statutory;,[object Object],Dismiss within terms of the contract or a claim exists to restore former employee to position prior to breach i.e. lost wages/benefits/notice.,[object Object],Unfair Dismissal.,[object Object],Employees only;,[object Object],Automatically unfair are maternity, flexible working, part time working, asserting a statutory right (health and safety etc), trade union membership.,[object Object]

Unfair Dismissal continued....,[object Object],In other cases:-,[object Object],12 months service is required;,[object Object],Forced resignation;,[object Object],Termination by the employer without a good reason and without following a fair procedure (such a discipline or redundancy);,[object Object],The test is “within the band of reasonable responses open to the employer”;,[object Object]

Redundancy,[object Object],Employees should be selected for a redundancy fairly;,[object Object],Objective reasons must exist for selecting that employee and/or the roles being made redundant;,[object Object],It is not “your role” but “a role” that needs to go and fairly reviewed one must be chosen and here’s why. Consultation and appeal avenues must be provided to prevent unfair dismissal. ,[object Object]

Discrimination,[object Object],As employers we must prevent discrimination on the grounds of age, race, sex, disability, religion, sexuality or because of parental status;,[object Object],That means treat fairly;,[object Object],It also mean being proactive to ensuring equality by training and raising awareness amongst staff and managers of the issues;,[object Object],Document the policies, the training and the preventative steps;,[object Object]

Discipline,[object Object],The law changed on the 6th April 2009 (again) on this point. As a minimum:-,[object Object],Discipline must be fairly imposed;,[object Object],A procedure must be followed;,[object Object],Investigation then decision – assumptions are not acceptable;,[object Object],Employees have a right to know why they are being disciplined, the evidence (and the chance to challenge it), the right to appeal.,[object Object]

Grievances,[object Object],Like discipline subject to recent changes;,[object Object],The focus now is less procedural and more about solving the issue but you need a process to gain the facts, the evidence the trust of the parties;,[object Object],Enhanced ACAS focus but as yet it is to soon to say if this is helping.....,[object Object]

Conclusion,[object Object],Document every aspect of the employment process;,[object Object],Set up records and personnel files;,[object Object],Review the approach at least annually;,[object Object],Use expert help to set up the systems, policies and documentation. ,[object Object]

About the speaker,[object Object],Founded Boutique Employment & Business Support Law Firm Bennett’s Legal in 2009;,[object Object],Clients include other law firms, management consultants and various businesses an industries including healthcare, SME’s and sport clubs. ,[object Object],Bennett’s Legal operate nationally from a West Midlands base see www.bennettslegal.co.uk or call 01743 453 161,[object Object]

An Introduction Employment Law Final

An Introduction Employment Law Final

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An Introduction Employment Law Final