Starting a Business – Employing People. 

Starting a Business – Employing People. 

For further information or assistance please do not hesitate to contact Bradley Haynes Law via telephone: 01905900919 or email: welcome@bradleyhayneslaw.co.uk.  We would be delighted to discuss how we can support your business whether that be in relation to employment or any other business matters.

The employment of staff, as well as the laws associated to this, are incredibly complex and frequently changing. For this reason, it is important employers understand the duties owed to their employees and how to protect their business through suitable employment contracts or policies and procedures. See below for advice tailored to each stage of the employment process.

Before Employment Begins:

• Advertisement and recruitment process must not discriminate against applicants on the prohibited grounds: age, disability, race, religious belief, sex, or sexual orientation.
• Perform a right to work check on overseas applicants because it is a criminal offence (with a penalty of up to £20,000) to employ someone in breach of their visa conditions.
• When recruiting a key member of staff (e.g. a director) ensure your contractual provisions are appropriate, consider offering insurance protection against death or critical illness.
• If you offer share options determine whether this has tax or ownership implications for the company.
• Employment particulars must be set out in a written document and given to the employee within two months per the Employments Rights Act 1976.
• Use employment contracts to protect trade secrets but avoid unreasonable restrictions such as any preventing employees seeking alternative employment.
• When acquiring staff through purchase of a business check if their existing contractual rights are protected by the Transfer of Undertakings Regulations 2006.

During Employment:

• You are required to pay National Minimum Wage and there is a potential £20,000 penalty if you fail to do so.
• The Equality Act 2010 requires reasonable adjustments to be made for disabled workers.
• Employees have a statutory right to request flexible working after 26 weeks of employment.
• If an employee becomes pregnant then maternity rights apply and consider, if needed, altering work conditions; they are entitled to ordinary and additional maternity leave, totally 52 weeks.
• If an employee complains of discrimination you are liable for your staffs’ actions and should follow relevant company procedures. Employers that fail to follow the ACAS Code of Practice on Disciplinary and Grievance, per The Employment Act 2008, may have to increase any compensation paid to an employee by 25%.

Ending Employment

• Employees can be immediately dismissed if they commit gross misconduct, if their conduct is less serious consider a verbal and/or written warning and follow disciplinary procedures.
• You must use fair procedure which complies with the ACAS Code of Practice on Disciplinary and Grievance when dismissing employees.
• Employees that have worked for two years or more are entitled to a redundancy payment.
• You cannot compulsorily retire employees; however, you can include a retirement age in the employment contract provided the chosen age is justified.

For further information or assistance please do not hesitate to contact Bradley Haynes Law via telephone: 01905900919 or email: welcome@bradleyhayneslaw.co.uk.  We would be delighted to discuss how we can support your business whether that be in relation to employment or any other business matters.