FAQ’s top 10 questions the most popular points raised by Employers.

Q1. Do I need to issue contracts of employment?

A. It is a legal requirement for all Employers have to give to all their Employees, a written statement of terms, normally this called a ‘Contract of Employment.

The document must be provided before 8 weeks of employment are completed, a failure to do so, if taken before a Tribunal result a penalty of 2 to 4 weeks pay, per Employee.

The law apples if you as an  Employer have 2, 20, or 200 Employees. 

Q 2. Do I have to pay the National Minimum Wage?

Yes any failure to comply with the NMW, the Employer must pay arrears; and if Enforcement Notice is not followed, further penalties apply.

Each failure has a clear penalty for any Employer not complying with an Order.

Q 3. What are the rates of the NMW and are they legally binding?

A.  These rates are legally binding from the October 2010; a review is held each October.

Aged 16 to 17 years per hour £3:64

Aged 18 to 20 years per hour £4:92

Aged 21 years plus per hour £5:93

Q 4. Is it an unlawful act by an Employer should any member of their staff discriminate against another employee, because of that person’s, age, sex, race, religion and/or disability?

A. Yes - Lack of intent or in some cases of knowledge of that action is not a defence. As vicarious liability applies in Discrimination cases. All such claims have no limit on any Tribunal financial award. 

It is not necessary to leave employment for an Employee to bring Employment Tribunal for any type of discrimination claim; also no employment service period is required to present that type of claim. 

Q 5. Are all employers required to have company Disciplinary Procedures? 

A. YES - A correct Disciplinary Procedure if it  is not followed by the employer and an  'unfair dismissal’  claim is brought by the employee. 

Any award will be considered for a 25% increase if the practice and procedures used do not comply with the ACAS Code.

Q 6. Are all employers required to have a Grievance Procedure?

A. Yes, but if that Grievance Procedure is well written which is good management practise, that will aid management and can be a very helpful quality time saver. 

Best Practises is to have a well drafted Grievance Procedure = Good Economical Management Practise.

Q 7. What happens if I get taken to an Employment Tribunal as an employer, do I have to attend do I have to give evidence?

A. If an existing or former employee brings a Tribunal claim, it will have to be defended or it will be lost. That requires first hand evidence being given so if your involved yes you will have to give evidence provide a statement and be cross questioned. 

So it pays to have handy a representative who is a good and experienced Tribunal advocate.

Q 8. I have always understood that you can dismiss any employee who has less than 12 months service, is this correct?

A. No, there are  many claims which can be brought even if NO service has commenced, for example

 No service at all is required in any Discrimination Tribunal case such as, sex, race/nationality, religion/belief, disability, age, health & safety, sexual orientation or trade union activity. 

 So it is a reckless to continue to practise a management style, of less that 12 months = no problem to dismiss

Q9. How often do Employment laws change?

A Normally it is April and October, but if any legislation is delayed or is quickly passed by Parliament  that can be varied, but most times Ministers have tried to keep changes to Spring or Autumn  

Q 10. Can HR Law Easy Answers help me implement all of the above?

A. Yes we can on a daily basis, with lots of businesses needing to ensure they are fully compliant with effective and lawful systems and processes. 

The material we produce is bespoke to their company and reflects their needs. 

We work with you to ensure you have all policies and procedures in place to give you total peace of mind.

Call now on 0151 244 5409 for a free initial discussion about your current