Being an employer is a particularly exciting and rewarding role for anyone involved in managing their own business. But, it does have its downside. Being the boss also brings with it a whole of additional concerns, demands and responsibilities.
An employment contract (or at least the basic terms and conditions of employment) absolutely has to be provided in writing to all employees within 2 months of starting work. Despite this, the employment contract is actually made at the moment the employee accepts the job offer, even if the terms aren’t in writing. Failure to provide a written statement of terms can not only open you up to claims from your employee, but can make the relationship difficult to manage where both parties do not know where they stand. Avoid this situation and make sure that a comprehensive set of terms and conditions of employment are offered to all employees, as a matter of priority.
At some point, it is likely that, as an employer, you will have to deal with an employee who is absent for prolonged periods of time, whether this is justified or not. Making sure that the correct processes are followed will ensure that a claim is less likely and that staff are supported, where appropriate. Since April 2010, sick notes have been replaced by fit notes and these require employers to pay more attention to issues such as amending duties and allowing for phased returns to work. Always make sure that your processes are clearly laid out. Also, make sure that all staff understand what they need to do, if they are absent for any period of time.
As laid out in the Working Time Regulations 1998, employees are entitled to 5.6 weeks’ annual leave a year; this is equivalent to 28 days for those who work a 5-day week. Part of this is made up of 1.6 weeks’ leave for bank holidays, although rather confusingly, this does not need to be taken specifically on bank holiday days. Making sure that all employees and, in particular, those with unusual working patterns or part time staff, have the appropriate holiday leave entitlement is a vital part of an employer’s duty.
ACAS has become increasingly influential, when it comes to employment relationships, in recent years. Many of the guidelines and documents provided by ACAS are useful to employers, as well as employees. Overlooking this important source of information can be a real error for employers, as the tribunal will view any departure from these guidelines as potentially damaging to an ET1 claim, in the future.
The first Supreme Court judgment in relation to age discrimination has reached its conclusion and has provided vital guidelines for employers dealing with an aging workforce. Specific guidance has now been issued on the use of mandatory retirement ages and the need for employers to justify any criteria applied.
A recent case against South West London, St George’s Mental Health Trust, has confirmed that an individual on long-term sick can carry over any unused holiday allowance to the next year, PROVIDED they make the appropriate application to carry over to their employer.
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