Employers’ legal responsibilities
As an employer the buck stops with you in dealing with any employee.
Your duties start when you interview someone; any advertisement or interview arrangements or selection process must not be discriminatory in any way either on the basis of age, sex, race or any other protected characteristic.
Legal terms and conditions of employment
Every employee must receive within 8 weeks of commencement a compliant set of terms of conditions of employment. This must contain certain prescribed information including the identity of the employer, calculation of wages, calculation of sick pay and holidays and also give access to a disciplinary and grievance procedure, amongst certain other legal requirements.
Terms and conditions of employment also provide the opportunity for you as the employer, to include other clauses to provide protection to you as an employer. For instance provisions relating to confidentiality and restrictions on the employee’s activities if they leave and try to attack your business.
Employer guidance for warnings and disciplinary procedures
Where a problem arises with an employee during the course of their employment by reason of capability, conduct or otherwise, it is essential that you follow appropriate procedures; either those set out in your contract and/or the relevant ACAS code.
Our experience is that by following these procedures properly and taking a little bit of time will actually strengthen your position rather than weaken it. If a situation arises where dismissal appears inevitable, again it is vital that the matter is properly investigated and that you have given thought to how an appeal will be conducted and by whom; in the event that an employee is dismissed.
The manner in which warnings are given (short of dismissal) and the wording of those warnings must be given a great deal of attention if they are likely to be used as the next step towards a dismissal of an employee. Employees often make things worse for themselves when the matter is properly documented and investigated.
Discrimination and equal opportunities
Issues of discrimination require specialist advice particularly as regards disability and long term absences which may be disability related.
Equal opportunities is also very important. An employer needs to demonstrate that they have such a policy and that this is brought to the attention of their employees and that there is a positive attitude to equal opportunities within the culture of the business.
TUPE legal advice
If as an employer you are buying or selling a business then the TUPE regulations may be involved. These are complicated and require expert advice because if proper procedures regarding information and consultation are not followed the financial penalties can be severe.
Employee incentive schemes advice
We can also advise on share incentive schemes for employees and properly structured bonus arrangements and one-off employee arrangements.
Employers’ legal obligations
As an employer there are many legal obligations that you need to take into consideration, for all of which we can provide guidance on at any time. For expert employment law and HR advice, contact our team of specialist employment lawyers, based in Leicester, today.
Speak to an employment law solicitor
Bray and Bray has three main offices in Leicestershire, contact us to discuss an enquiry or a case you have or feel free to pop in and see us at your local office by clicking on the links below;
Leicester call us on 0116 254 8871.
Hinckley call us on 01455 639 900.
Market Harborough call us on 01858 467 181.