Recruitment isn’t difficult – but as soon as you employ one person you have to ensure you comply with the UK Employment Law system. There are many ways to recruit but there are legal implications with all of them.
Here are some examples of things to consider when you are recruiting:
There are copious rules and regulations you need to consider when recruiting: the Equality Bill, Disability Discrimination Act, Working Time Regulations and National Minimum Wage all have to be reviewed in line with the recruitment process.
The following are just some of the areas that you need to maintain records about to prove you have followed all necessary processes when recruiting in case it doesn't work out and the employee takes your company to an employment tribunal.
Make sure you have a relevant application form for the job you are recruiting for and have the applicant complete, sign and date an application form.
An offer letter is not legally required but for clarification it is a good idea. It ensures a clear outline of what is expected of the new employee and offers them time to consider whether they are really keen to accept the position thus saving time and money recruiting the wrong person.
The contract can either be sent for prior signature and returned before the employee begins work or can be done on arrival at the office on the first day. As a minimum this should contain the terms and conditions of the position; it is a legal requirement and should be certainly be completed within 8 weeks of start date.
Unless timesheets are a part of the normal office procedure, maintain a record of hours worked.
Record any time off sick and whether any Statutory Sick Pay was paid.
There is a statutory minimum paid holiday of 5.6 weeks per annum (which includes statutory bank holidays) plus any additional time offered as part of the employee’s contract. There should be a system of recording holidays for each employee which is especially useful when there are a few employees and holidays clashing could be a problem.
Certify that you have provided any necessary training for employees to carry out their roles. Keep a record of any additional training offered as part of their employment.
Should a grievance occur, maintain a record of actions taken.
If there is a case of dismissal ensure the warning process and any meetings leading to final dismissal are recorded and carried out according to current employment law.
Dismissal or Redundancy
If dismissal is required whether for inappropriate behaviour or redundancy the procedures must be followed to the letter.
Should the events come before an Employment Tribunal then provided you have followed the correct procedures and maintained correct records showing you have been compliant with your legal responsibilities as an employer you can prove that you have been fair.
For small to medium companies it is likely that a full-time HR manager or department will not be required but access to a qualified HR adviser would be beneficial to ensure you are aware of all your legal requirements regarding employment.
It can be very expensive for you and your company if you get recruitment and employment matters wrong.
Through its' close involvement with the extensive IBD network of over 200 specialists, Signa has access to qualified advisers who are members of the CIPD (Chartered Institute of Personnel & Development) who can assist you in ensuring your employment and recruitment procedures meet your statutory legal requirements and enhance your reputation as an employer.
If you would like more information on how Signa can help please call us on 01494 562738 or send us a message.