Employment legislation is constantly changing so it is important that you are aware of the current legal standing and ensure that you are complying with the relevant employment laws. The consequence of missing a new piece of legislation can be devastating and you could find yourself in the Employment Tribunal.
Once you employ someone, they have statutory rights. Sometimes an employee only gains a statutory right after a certain length of time worked but some are active as soon as they are employed. It also depends whether you have employed someone as an employee or agent (agents have less rights). As an overview, things to consider are:
1. Written Statement Terms – You must provide your employees with a written statement of terms within 2 months of their employment beginning. There is certain information that must be provided. If you use employment contracts, the majority will be covered but it is advised to be aware of what you legally have to inform your employees.
2. Itemised Pay Slip – Your employees are entitled to pay slips detailing how the wage has been calculated.
3. National Minimum Wage – It is a legal obligation to pay your employee national minimum wage. You should be wary if you have to make deductions from your employees pay as any deductions have to be lawful.
4. Paid Holiday – Full time employees are entitled to a minimum of 28 days annual leave. Part time employees are entitled to holiday but this is worked out on a pro-rata basis.
5. Flexible Working Hours – Employees are legally entitled to flexible working hours to care for children or dependents.
6. Working Time Regulations – Your employees cannot work more than 48 hours per week unless they have explicitly opted out of the Working Time Regulations.
Further information can be obtained on the ACAS website.
Here at Seatons, we can draft employment contracts for you to ensure that you have complied with all of your legal requirements. If you have existing employment contracts, we can advise on how to improve them to ensure that you receive the maximum protection.