4.5. HR - Employment law

Be clear

A contract of employment exists as soon as an applicant accepts your offer of employment. A clear, reasonable contract helps you to ensure that the employee understands what is expected, and to minimise the risk of disputes.

At the same time, you need to understand what your contractual obligations are, and what terms you can (and cannot) enforce.

This briefing outlines:

• The basics of employment contracts.
• The content of the written statement.
• What else forms part of the contract.
• Key issues to consider.

Avoiding problems

Contrary to popular wisdom, fair-minded employers have little to fear from employment protection legislation.

The issues are fairly straightforward and most problems can be avoided by following a few simple rules.

This briefing outlines:

• Dismissing employees for misconduct.
• Other forms of 'fair' dismissal.
• Unfair, unlawful and wrongful dismissal.
• Handling complaints.

Survival surgery

Redundancies are a fact of life in the smaller business, where carrying surplus staff is a short cut to disaster. A shift in the economic or business climate, a merger or a move to a new location can all make redundancies inevitable.

Redundancy is a complex issue, full of pitfalls. To avoid falling foul of employment tribunals, it is essential to follow demonstrably fair procedures.

This briefing covers:

• The timetable and procedure to follow.
• How to choose who to make redundant.
• Calculating statutory redundancy pay.
• How to avoid legal and practical problems.

Fair play

Although employees and employers can now choose to follow an alternative dispute resolution procedure, most employee complaints are still heard at an employment tribunal. You need to take tribunals seriously. If you have well-thought- out procedures, and follow them, you can prepare good evidence, making it easy to defend your actions.

The interpretation of employment law is moving in favour of the employee, and awards are increasing, so it is important to understand the system and the way tribunals operate.

This briefing covers:

• The tribunal process, from start to finish.
• How to defend a case.
• How to prevent disputes arising.

Do the right thing

Discrimination against any employees on any grounds other than their ability to do the job is a bad idea – and could also be illegal.

If an employee or potential employee brings a discrimination case against your business, you could be tied up in costly, time-consuming and unproductive legalities for months. If they win, you could be liable for unlimited damages.

This briefing explains:

• Which areas of discrimination are covered by law.
• What constitutes discrimination.
• How to cut the risks of unintentional discrimination.
• What to do if a case is brought against you.
• Legal exceptions.

Pay attention

Regulations covering working hours and minimum wages apply to almost every business.

Working time regulations aim to improve health and safety by controlling the hours employees work, while it is illegal to pay less than the minimum wage.

This briefing covers:

• The rules governing working hours, rest periods, annual leave and night work under the working time regulations.
• The minimum wage.
• How to keep your paperwork in order.
• How the regulations are enforced.

Your staff have a legal right to a minimum amount of paid annual leave. And working parents can often take different types of time off for the birth and care of their children. This briefing sets out your employees’ rights and your duties towards them.

It covers:

• Holidays.
• Maternity leave.
• Other ‘family-friendly’ leave entitlements.
• Time off for dependants.