Complying with English employment law
Many businesses seeking to expand their operations often consider opening offices in England. It is vitally important that such businesses fully understand what is expected in terms of compliance with employment law. Some employers will wish to seek guidance from an employment law solicitor, also sometimes termed an attorney or lawyer.
What should an employer consider when setting up a business?
In addition to any other important compliance requirements (other than employment law related), an employer should undertake a recruitment exercise which is not discriminatory, whether as part of its advertising campaign or employee selection process.
Following recruitment, it would be a reasonable time to issue an employee with a contract of employment. There is a legal requirement to provide basic written terms, however, an employer may consider a more comprehensive version which will more fully regulate the employment relationship.
What should a contract of employment include?
A contract can be verbal, written or a combination of both, however, it advisable that all terms are clearly documented in writing to avoid ambiguity and future problems arising. The general requirement to provide written terms includes, for example, the names of the parties, start date (taking into account any continuity of employment), job title, remuneration, holiday and notice. A contract of employment would cover such areas in greater detail but would also be tailored to the needs of the business, for example, protecting confidential information and whether restrictive covenants regulating what an employee may or may not do for a specified period after their employment has ended, such as not soliciting clients and customers.
Should there be any policies and procedures?
An employer should ensure that it has a comprehensive set of policies and procedures which outline what is expected and how to address a situation which might arise. We find that the most frequently referred to processes relate to grievances and disciplinary problems. From a practical point of view, these are usually comprised as part of a Staff Handbook which is available to all employees as an ongoing point of reference.
Is it necessary to provide training to employees?
In some circumstances, there will be a legal requirement to provide training with implications for failure to do so. In terms of general employment advice, an induction would be a useful means of introducing an employee into the business and providing any training.
Ongoing training in some areas would also be beneficial and particularly at a managerial level. Employment issues can be confusing yet extremely problematic and an ability to identify and resolve problems at an early stage will avoid conflict, absence and potential litigation.
We are able to discuss training with our clients, which we tailor and base around common problems in the workplace, also using practical examples based on real workplace issues.
How should an employer address daily problems which might arise?
Depending on the size and administrative resources of the business, an employer may not always be able to justify incurring the financial cost of an internal HR specialist. We work with clients and tailor our support to the needs of the business from a HR perspective.
Why is it important that problems are addressed swiftly?
Employment problems have a tendency to escalate rapidly, sometimes in a matter of hours or days. A failure to address the problem can result in an irretrievable breakdown in the working relationship, conflict within teams and management, grievances being raised formally, disciplinary issues arising, absence from work, key employees leaving or litigation, that is, a claim being issued.
It will be in the interests of the business to take appropriate action as soon as possible. We find that many employers do not take swift action, perhaps because of work constraints, a lack of resources or an understanding of what should be done.
In some circumstances, a claim can be issued against an employer by an aggrieved employee and so it is very important that processes are adhered to. A claim will usually be issued at an employment tribunal and, since judgments are public records, some employers would prefer to avoid the publicity of litigation, but also the potential financial cost and the long hours of associated time defending an action.
What support can Lanshaws Solicitors provide?
We do not necessarily provide standard support packages but rather speak with our clients to better understand how the business operates and the level of support that might be required. This is because we appreciate that not all businesses are the same and there are varying levels of experience and resources within the organisation. We tailor our support to the needs of the business!
We can, for example, review contracts of employment, policies and procedures and general day to day practices and documents to ensure that they are both compliant and appropriate for the business. We can also provide training and guidance, which is particularly useful at a managerial level since managers are often in the best position to notice problems or have problems raised with them by aggrieved team members. We work closely with our clients so that they practically understand what is expected, how to identify problems and to act early.
If you would like to discuss any of the issues in this blog, please contact us.
