If you need to employ staff, whether you’re just starting up or you’re growing your business, there are things you need to plan in advance.
Making sure you are fulfilling your legal responsibilities as an employer is essential and we are here to help.
Some of the things you need to think about are:
Useful Definitions.
People often use certain terms when discussing staff contracts etc. Here are some useful explanations:
Employment contracts
A contract is an agreement between employee and employer setting out implied and explicit terms and conditions - written statement of particulars, collective agreements, it is often used interchangeably with Written Statement of Employment.
Contract types and employer responsibilities
There are different contract types: full-time, part-time, fixed term, agency workers, consultants, zero hours, family members, volunteers and young workers
Employment status
Employment status (worker, employee, self-employed, director or contractor) affects employment rights and employer responsibilities in the workplace
Continuous employment
This is the period of time an employee has worked continuously for one employer.
Fixed-term employment contracts
Fixed Term Contracts are contracts which have a specified end date, there are often used for specific projects.
Flexible working
Can include working from home, term-time working, part-time working etc.
Discrimination
Discrimination policy and equal opportunities in the workplace - sex discrimination, disabled workers, older people, compulsory retirement
Maximum weekly working hours
Working time directive and maximum weekly working hours including how to calculate your weekly working hours and working time limits if you're a young worker
Part-time workers' rights
Part-time workers shouldn't be treated less favourably than full-time workers; employers' responsibilities and what part-time workers can do if they're treated unfairly
Overtime: your rights
Overtime law - what is overtime, overtime pay, employee rights, part-time workers and time off in lieu
Sunday working
The rules for working on Sundays, opt in, opt out arrangements, rules for shop and betting shop workers
Anti-bribery policy
Protect yourself and your business by putting in place an anti-bribery policy for those who work for you and on your behalf
Employer relocation: your rights
When employers move, employees with mobility clauses, what happens with redundancies, compensation, disputes and company takeovers
Night working hours
The rules on working hours - hour and limits, rests, health assessments and terms and conditions
Rest breaks at work
Workers' rights to rest breaks at work - length of breaks, how your age affects rest breaks, exceptions to the rules for shift workers, young people, and drivers
Calculate your employee's statutory redundancy pay
Employer calculator - calculate your employee's statutory redundancy payment
Handling staff resignations
How employers must handle written and verbal staff resignations, business transfers and redundancy pay
Handling an employee's grievance
Handling employees' grievances at work - setting up a grievance procedure, holding a grievance hearing and managing appeals
Being taken to an employment tribunal by an employee
Employer guide to employment tribunals - the hearing, your responsibilities, compensation and appeals
Taking disciplinary action against an employee
Disciplinary rules and procedures to deal with poor performance and conduct
Dismissing staff
How to dismiss staff fairly, working within dismissal rules and dealing with dismissals relating to whistleblowing
Making staff redundant
Rules employers must follow when making staff redundant - consultations, notice periods, compulsory and non-compulsory redundancy and redundancy pay
Solve a workplace dispute
Grievances and disciplinary action at work can be solved by informal discussions, formal procedures, mediation, conciliation or arbitration
Whistleblowing
Whistleblowing is when a worker reports suspected wrongdoing at work - whistleblowing process and a protection worker's from dismissal
This section "Dismissing Staff and Redundancies" contains public sector information licensed under the Open Government Licence v2.0.
Accidents, health and safety law and workplace conditions
Employers: preventing discrimination
Discrimination policy and equal opportunities in the workplace - sex discrimination, disabled workers, older people, compulsory retirement
Recruitment and disabled people
Avoiding discrimination against disabled people in recruitment – advertising the job, encouraging applications, reasonable adjustments, work choice programme
Fire safety in the workplace
Fire safety in business and non-domestic premises: the responsible person, fire risk assessments, shared premises, new buildings, enforcement, appeals and penalties
Health and Safety Executive (HSE)
Contact information for finding out about health and safety at work issues and making a complaint and reporting injuries
Health and safety on ships
Owners and operators of seagoing ships and large yachts are responsible for the health and safety of seafarers
Health and safety using farm vehicles and machinery
Your legal obligations to ensure the health, safety and welfare of your farm employees and workers
Running a business from home
Running a business from home - insurance, business rates, expenses, tax allowances
Smoking at work: the law
The law on smoking in the workplace and what businesses must do to prevent smoking at work
Workplace temperatures
There is no law for a minimum or maximum temperature, but during working hours the temperature in all workplaces inside buildings must be reasonable
If you want to discuss anything further, call the Growth Hub today on 0844 257 8450.
Paying HMRC, employee expenses and benefits and paying staff
Running your business's payroll
Get guidance on managing your business' payroll, including employees starting and leaving, reporting to HM Revenue & Customs, Income Tax and National Insurance deductions from staff, Statutory Payments
Calculate tax on company cars
As an employer, if you provide company cars or fuel for your employees' private use, you'll need to work out the taxable value so you can report this to HMRC
Introduction to expenses and benefits for employers
If you're an employer and provide expenses or benefits to employees or directors, you might need to tell HMRC and pay tax and National Insurance on them
National Minimum Wage calculator for workers
Check if your pay matches the National Minimum Wage or if your employer owes you payments from past years.
Employers' responsibilities: equality monitoring
Employers' responsibilities for diversity monitoring: gender, ethnicity, sexuality and disability balance in the workplace - including data protection
Use the Construction Industry Scheme (CIS) online service
Sign up or log in to use the Construction Industry Scheme online service - you can use it to file your contractor monthly returns
What you must do as a Construction Industry Scheme (CIS) contractor
What you have to do under the Construction Industry Scheme if you're a contractor - registering, filing returns, paying subcontractors and keeping records
What is the Construction Industry Scheme (CIS)?
What the Construction Industry Scheme (CIS) is, who has to register, work that's included and excluded and what happens if your business is based outside the UK
What to do when an employee dies
You must report the death of an employee at work to the Health and Safety Executive and the police
Child employment
Minimum working age and pay for children, how to apply for performance licenses and what local council bylaws say about employing children
Get a dispensation for reporting non-taxable expenses and benefits
Apply for an exemption from reporting expenses and benefits that your employees don't have to pay tax on
Make benefit debt deductions from an employee's pay
Direct Earnings Attachment (DEA) and deducting any money an employee owes the Department for Work and Pensions (DWP) from their pay
Make child maintenance deductions from an employee's pay
What you must do by law with a deductions from earnings order (DEO) to make child maintenance deductions from your employee's pay
Minimum wage for different types of work
Minimum wage rates for different types of paid employment - time work, output work, unmeasured work, salaried hours work
National Insurance contributions for your employees
Class 1 contributions employers have to pay for their employees, rates and categories to calculate how much to pay
National minimum wage: accommodation
Accommodation and the National Minimum Wage (NMW) including what is meant by 'accommodation' and the NMW offset rate
Report a company car to HMRC
You need to tell HMRC about employees' company cars, vans or other vehicles by filling in form P46 (Car)
Includes workplace pensions and Combined Pension Statements
Combined Pension Statements for employers
Employer guide: application steps to joining the Combined Pension Statement (CPS) service, previously Combined Pension Forecast (CPF)
State Pension calculator
Work out your State Pension age and Pension Credit qualifying age or estimate how much basic State Pension you may get
Workplace pensions - employers' obligations
Workplace pensions - what employers have to do, automatic enrolment, stakeholder pensions
Advertise a job with Universal Jobmatch
Employers can use Universal Jobmatch to advertise jobs online and automatically match them to suitable jobseekers
Apprenticeships
How to become an apprentice – qualifications, pay and training, take on an apprentice, funding, employer grants
Employing staff for the first time
The main things you need to consider when employing people for the first time or if you've never hired an employee before
Jobcentre Plus help for recruiters5h>
Support from Jobcentre Plus if you're recruiting - including work trials, wage incentives, recruitment advice, Youth Contract, Work Choice and other employment schemes
Access to Work
Access to Work is money to help you do your job if you have a disability or health condition - eligibility, how to apply
Apply for a sponsor licence
Apply for a sponsor licence so you can sponsor foreign workers or students to come and work or study in the UK
Check an employee's right to work documents
Make sure an employee can work in the UK - check they have the right documents and make sure you're not prosecuted for employing an illegal worker
Check if someone can work in the UK
Find out if a potential employee has the right to work in the UK and what documents employers should check
Checks employers can make on job applicants
Checks employers might need to run on job applicants, including right to work in the UK, Disclosure and Barring Service (DBS - formerly CRB) checks and health checks
Employers' liability insurance
Your insurance must cover you for at least £5 million - check authorised insurers and how you can be fined
Employers' responsibilities: equality monitoring
Employers' responsibilities for diversity monitoring: gender, ethnicity, sexuality and disability balance in the workplace - including data protection
Employers: preventing discrimination
Discrimination policy and equal opportunities in the workplace - sex discrimination, disabled workers, older people, compulsory retirement
Employment rights and pay for interns
Rights for interns and students in the workplace; work experience; work placements; rights to the National Minimum Wage
Ex-offenders and employment
The law on criminal records and employment, including spent convictions, rehabilitation and exceptions for Disclosure and Barring Service (DBS - formerly CRB) checks
National minimum wage: accommodation
Accommodation and the National Minimum Wage (NMW) including what is meant by 'accommodation' and the NMW offset rate
Penalties for employing illegal workers
You can be fined £10,000 for employing an illegal worker - find out what happens and what you can do
Reasonable adjustments for disabled workers
Employers must make reasonable adjustments to make sure disabled workers aren't seriously disadvantaged when doing their jobs
Recruitment and disabled people
Avoiding discrimination against disabled people in recruitment – advertising the job, encouraging applications, reasonable adjustments, work choice programme
The National Minimum Wage
Who is entitled to minimum wage - NMW current rates and penalties if employers don't pay it
Using a recruitment agency to find staff
Employers' responsibilities when using agencies to find staff, including health and safety, access to facilities, vacancies, continuous employment, transfer fees and complaints
Includes maternity and paternity leave, holiday entitlement and sick pay
Calculate holiday entitlement
Holiday calculator to work out statutory holiday leave in days or hours
Holiday entitlement
Holiday entitlement or annual leave - information for employers and workers on entitlement, calculating leave, taking leave, accruing leave and disputes
Statutory Maternity Pay and Leave: employer guide
Employer guide to Statutory Maternity Pay (SMP) and Leave - rates, eligibility, notice period, form SMP1, recover statutory pay
Ordinary Statutory Paternity Pay and Leave: employer guide
Employer guide to Statutory Paternity Pay or Leave - entitlement, eligibility, notice period, forms SC3 and OSPP1, recover statutory pay
Statutory Sick Pay (SSP): employer guide
Employer guide to Statutory Sick Pay - SSP rates, form SSP1, eligibility, fit notes (formerly sick notes), recover statutory pay
Employee rights when on leave
Guidance for employees and employers: employment rights when on maternity, paternity or adoption leave - keeping in touch days, annual leave, returning to work, redundancy
Additional Paternity Pay and Leave: employer guide
Employer guide to Additional Statutory Paternity Pay and Leave - entitlement, eligibility, notice period, forms SC7 and ASPP1 and recover statutory pay
Calculate your agricultural worker holiday entitlement
Work out how much statutory holiday leave you're entitled to as an agricultural worker
Career breaks
Career breaks - eligibility and notice periods, contract terms and conditions.
Giving staff time off for jury service
What you can do if an employee is called up for jury service, and how to sort out their pay or help them claim an allowance
Giving staff time off for magistrate duty
How to give an employee time off to volunteer as a magistrate, and how much time they are allowed off
Maternity and paternity calculator for employers
Calculate an employee's maternity pay (SMP), paternity or adoption pay, qualifying week, relevant period and average weekly earnings
Parental leave
Employer and employee guide to unpaid parental leave - eligibility, how much leave can be taken and notice periods
Statutory Adoption Pay and Leave - employer guide
Employer guide to Statutory Adoption Pay and Leave - entitlement, eligibility, notice period, proof of adoption, recover statutory pay
Time off for family and dependants
Your legal right to time off to care for dependants - when you can take time off, how long you get, your rights
Time off work for public duties
Taking time off work for public duties (e.g. as a magistrate, school governor or on jury service) - rights and responsibilities for employees and employers
Training and study at work: your rights5h>
Time to Train - the legal right to request time off for training or study while in a job
Travel disruption and work
Travel disruption and work - employee rights, employer rights, paid and unpaid holiday entitlement, winter weather
Do you know what your responsibilities as an employer are when it comes to Shared Parental Leave?
Find out more: https://cumbriagrowthhub.co.uk/wp-content/uploads/2018/02/SharedParental-Leave-employertoolkit.pdf
Includes industrial action and recognising trade unions
The rights of trade union reps
Rights to paid time off for union reps, shop stewards, health and safety or learning reps or other union officials
Employers: preventing discrimination
Discrimination policy and equal opportunities in the workplace - sex discrimination, disabled workers, older people, compulsory retirement
Retirement age
Default retirement age has been phased out - most people can work for as long as they want to but some employers can set an compulsory retirement age
Being taken to an employment tribunal by an employee
Employer guide to employment tribunals - the hearing, your responsibilities, compensation and appeals
Agricultural workers' rights
The rights of agricultural and farm workers - including pay rates, agricultural minimum wage, overtime, holiday leave, rest breaks, help and advice
Being monitored at work: workers' rights
Employers might monitor workers, but if the monitoring involves taking data, images or drug testing they have to do this in a way that's legal and fair
If your business faces industrial action
Strikes and industrial action - rights and responsibilities for employers, when unions can take action and the effect on employees' pay and working records
Personal data an employer can keep about an employee
Personal data an employer can keep about an employee, and employee rights to see this information under data protection rules
Pregnant employees' rights
Legal rights for pregnant employees - including paid time off for antenatal appointments, maternity leave and pay, protection against discrimination and telling the employer about the pregnancy
Reasonable adjustments for disabled workers
Employers must make reasonable adjustments to make sure disabled workers aren't seriously disadvantaged when doing their jobs
Recognise or derecognise a trade union
As an employer, find out about the voluntary and statutory processes for recognising or derecognising a union
Recruitment and disabled people
Avoiding discrimination against disabled people in recruitment – advertising the job, encouraging applications, reasonable adjustments, work choice programme
Training and study at work: your rights
Time to Train - the legal right to request time off for training or study while in a job
Working with trade unions: employers
Working effectively with trade unions; collective bargaining and agreements, informing and consulting, union subs, the check off, political funds, union reps
Workplace bullying and harassment
What to do about bullying and harassment at work - the law, action employees can take and advice for employers about their responsibilities
Your rights if your employer is insolvent
If your employer is 'insolvent' this means it can't pay its debts - your rights if this happens, claiming money owed to you, where to get advice
More Information
Get in Touch
Contact us today for help and advice on starting or growing your business.
Tel: 0844 257 8450
Email: info@cumbriachamber.co.uk