Employment Law Archives - Page 2 of 2 - Blue Tree HR Solutions

Managing Naughty Employees.

Posted on November 13, 2019April 28, 2023 by Blue Tree HR

All employers will experience some kind of unwanted behaviour from their staff. People are people and there will always be the occasional ‘bad apple’ who flouts the rules and causes problems that needs to be addressed by management. Following your disciplinary procedure is key.

Whether you have an employee who is caught stealing, watching porn on the company computer or taking extended lunch breaks, all employee issues should be dealt with in the same way.

Disciplinary Procedure

Always follow your disciplinary procedure and if you don’t have one then follow the statutory procedures stated by ACAS.
Act promptly – you need to take action as soon as possible.
Collect as much evidence as you can, things are not always as cut and dried as they seem. There may be an explanation.
Never just dismiss someone – make sure you give them the opportunity to give their side of the story – even if you think they have been caught red-handed. They still have the right to a fair dismissal.

In my experience staff who are questioned about wrong-doings, will lie. They will make up the most bizarre stories to trying to avoid disciplinary action. This is why it is really important to collect as much evidence as possible.

“Your car broke down and you had to walk here? So, why is your car across the road?”

I was once in a situation where a member of staff was over one hour late returning from her lunch break – she insisted her car had broken down ( one mile away). Obviously I asked her where was her car now? And why didn’t she call work, we could probably have helped?

She said, her car was still a mile away and her Dad was going to look at it.

I had seen her park her car across the road when she returned, so I knew she was lying. I said, “So, why is your car across the road?” she answered – “Oh, my Dad must have fixed it and brought it here.”!

My point is, even in a situation that really was a minor misdemeanor, she still squirmed and desperately tried to appear innocent. Whereas, in fact, the lying just made the situation worse.

Control your own emotions

It can be infuriating when staff misbehave and cause you issues and you have the mess to deal with. Remaining calm throughout the process will help you make rational and fair decisions. If you come to expect lies and surprises it helps deal with the stress that comes from managing staff.

Situations are likely to be complicated and require lots of investigating and interviewing numerous witnesses, but it pays off to do it properly. Other employees will appreciate it if they see management taking misconduct seriously, and shows that such wrongdoings are not tolerated.

Warnings

If you do need to give someone a warning, make sure you:

Put it in writing
give the employee an opportunity to appeal
stick to your procedure with regard to how long the warning remains on their file.
Keep all notes from the investigation

Carrying out disciplinaries is a necessary part of managing staff and is never fun. If you need support with carrying out a disciplinary investigation or hearing – Blue Tree HR Solutions offer ad-hoc or ongoing retained support – these kinds of problems are passed to an outsourced HR manager, giving you peace of mind, knowing the issue will be dealt with effectively.

Call 07516335419 if you have any questions.

10 Things You Must Do When Hiring An Employee.

Posted on February 8, 2019 by Blue Tree HR

1. Carry out checks on the applicant

Once you have found a suitable candidate for the position there are checks that must be completed.

Right to work checks are legal requirement (ask the candidate to show you their passport or birth certificate or relevant visa. More information can be found at https://www.gov.uk/legal-right-work-uk
Check that the candidate has the necessary qualifications as stated on their CV or at interview, you can ask the candidate to provide copies of their certificates. This applies to any qualification such as academic qualifications or a Fork lift truck driving licence. If it is relevant to your business, it is important to get the evidence.

Where necessary (i.e. care industry or working with children) ask the candidate to complete the DBS checks process as soon as possible

2. Make Offer and Get Acceptance

Send a written offer letter to the candidate. This document provides the employee with the conditions of employment, ask the candidate to reply in writing or email to accept the offer. If you have a period of time before the candidates start date make sure you keep in touch with them, ‘to keep them warm’, this is important for letting the new candidate know that you are looking forward to them joining the business. Let them know what will happen on their first day, and what to expect for the first weeks of employment.

3. Provide a Contract of Employment

This contract outlines the employee’s rights, responsibilities, and working conditions. The ‘principal statement’ must include the following details as a minimum, and can be included on an employment letter, a written employment contract, or as a separate document.

Name of the employer.
Name of the employee.
Job title and description.
Rate of pay, and payday details.
Working hours.
Start date.
Holiday entitlement (including public holidays).
Where the job is located.
Notice periods.
End date (if fixed term contract)
Information related to any collective agreements.
Pension arrangements.
Who to contact if you have a grievance

4. Make sure your business is adequately insured

To protect your business from claims made by employees who have been injured or fallen ill at the workplace. You must take out adequate Employers’ Liability Insurance cover due to the terms of the Employers’ Liability (Compulsory Insurance) Act 1969.

5. Register as an employer with HMRC

In almost all cases, you must register as an employer with HMRC within four weeks of taking on your first employee. As an employer, you will be responsible for paying your staff a salary and deducting any PAYE (income tax) and National Insurance Contributions from staff salaries.

6. Payments

When you pay your staff, you have to provide each employee with a payslip which details their gross and net pay, income tax and NICs deducted, and any other deductions (such as pensions contributions).

Since the implementation of the RTI (Real Time Information) regime in 2013, you must also submit payroll data to HMRC each time you pay your staff. Previously, this information needed to be provided at the end of each tax year.

You must also comply with the National Minimum Wage legislation. Go to https://www.gov.uk/national-minimum-wage-rates to find out the current rates of pay.

7. Pension auto-enrolment

New legislation means that employers must enrol their staff into a workplace pension scheme if they are aged 22 or over and earn at least £10,000 or more. (2018)

For more information go to https://www.fsb.org.uk/benefits/finance/pension-service which has a great pension set up service for small businesses.

8. Holiday entitlement, parental leave, sick pay, maternity / paternity pay

Employees are entitled to 5.6 weeks paid leave per year this is applicable to all employees including zero hours contractors, this includes bank holidays. This is calculated by working out how much of the year the employee will work and how many hours per week they work on average.

There are various rights for parents including paternity, maternity, parental leave, adoption leave. Make sure you familiarise yourselves with these in advance to avoid infringement of employment law.

9. Health and Safety

You will be responsible for providing your employees with a safe and secure environment to work in.

You don’t need a formal written H&S policy unless you have five or more employees, however you should take time to assess the risks your staff face at work and manage accordingly. Provide safe systems of work, training and protective equipment.

10. Engage Your Employee

Remember first impressions count, and for this reason it is important to start off well with your new employees. Being organised for their first day, having their contract of employment ready and being able to answer their questions regarding their employment, having their email set up and access to any IT systems are a good start.

People generally want to feel useful as soon as possible so make sure you have planned their work for the first week and month, give them a feel for the business introduce them to all significant people that they will be dealing with, start any required training as soon as possible.

It is commonly known that one of the main reasons people leave their job is because they didn’t like their boss, so have this is mind.

Give regular feedback and deal with any issues immediately, this prevents the niggles from becoming big problems and aid an open and honest working relationship.

There’s no doubt about it, being an employer can be a challenge, it can also be rewarding and greatly beneficial to your business when good employees are in place. An engaged workforce is a valuable asset, but they will ongoing management.

At Blue Tree HR Solutions, we aim to help business owners manage their employee with minimal hassle.

If you require support with managing new employees or any ongoing staff issues, please get in touch.

Our service is completely flexible in order to suit your company, please get in touch for further information 01787 695084 or melanie@bluetreehr.uk

Being the Boss at the Party

Posted on December 6, 2017 by Blue Tree HR

You’ve had a busy year at your workplace and it is nearly Christmas – you have laid on a Christmas party for your employees, one of those ones where you attend a dinner and dance, there are other businesses there too. You are feeling pretty pleased with yourself, treating your staff and their partners to a 3-course meal and a tab at the bar.
You’ve been having a stressful time lately, with so many problems in production, some staff issues and constant cashflow worries, tonight you really want to chill out and relax, and you deserve it, well done you.

But Oh No…

It looks like Mike has already drunk too much and you just heard him order another triple brandy at the bar. Susan and Anna have just had a blazing argument, and Susan has walked out.
You decide to turn a blind eye, let’s face it they need to let their hair down too, and it’s they are not at work now.
You decide to go to the dance floor and have a boogie with some of the team, it’s always fun seeing people outside of work, the ladies all dressed up, hair and makeup different to usual, the men who after a few beers are using their new found drunken confidence, taking the opportunity to have a little flirt and a dance with the ladies, whilst wearing their best Christmas socks and a party hat.
It seems they are making the most of the party atmosphere. You let your hair down and start to do some of your ‘special’ dance moves and then realise you are being filmed on somebody’s phone, apparently it’s hilarious to see the boss dance. No doubt this will be on social media before the night is over, you feel self-conscious, so you go back to your seat.
You sit, and people watch for a while, your staff are doing the conga and YMCA, they are having fun, and it seems like it is a great success.
But now what?
Karen was dancing on the table and has fallen over and hurt herself – is there anyone sober to take her to A&E? You take the initiative to call her a taxi, luckily Jo, has volunteered to go with her, although part of you wished you could leave too.

And then…

The bar staff come and tell you that the tab at the bar has been used, do you want to add more money, and, extra payment is needed for a cleaner as apparently Jason has been sick and made a mess in the lobby.
This isn’t fun, why bother?
It seems that the Christmas party is an event inviting inappropriate behaviour, unwanted advances, discrimination and misconduct. Maybe it is better not to go to the effort?
The truth is there are benefits: Firstly, it’s an opportunity to show employees your appreciation for their hard work throughout the year, and it’s the chance for your team to let their hair down and celebrate their achievements.
It can also be a place where new friends are made as people get the chance to mix socially with others outside their usual departments.
And with careful planning and consideration – the problems listed above can be avoided and the bosses can enjoy themselves at parties too!

How to prepare.

To start with, make sure everyone is invited, this includes staff on holiday, long-term sick or maternity. It’s so important to make sure everyone feels included in the celebrations, so they feel appreciated.
Before the Xmas party, make sure you’ve considered all of your staff. What about those who don’t celebrate Christmas, some religions and faiths do not allow the consumption of alcohol or certain foods, so make sure alternatives are made available.
Let the staff know that the party will be an extension of the workplace. Something as simple as this may help some to differentiate between the office party and their usual Saturday night out! Establish the ground rules with a policy for work social events, you want everyone to have fun but not to cause a pile of problems for the following work days.
It’s at the party, when the drinks are flowing, where issues are most likely to occur. Inappropriate behaviour, banter that’s taken too far and even gross misconduct and sexual harassment cases can give you a real headache the next working day. If any situations arise, remember that the Christmas party is an extension of the workplace, so you have every right to investigate and take action.
Social media can be an excellent way of demonstrating your company’s amazing culture by sharing photos and updates from your party. On the flip side, it’s important to have control over what is shared. Inappropriate photos can damage your reputation. Also, some employees may have grievances with their embarrassing photos being shared online. Ensuring you have a carefully considered social media policy in your business will protect yourself and your staff.
It’s not too late to prepare if you have Christmas parties coming up. If you need help and advice on this or any other HR query, including expert HR advice for small businesses – please get in touch on 01787 695084 or email melanie@bluetreehr.uk
We’ve all heard stories of things that ‘go on’ at the office party, we hope you have a fun staff party without the stress and wish you a Merry Christmas from Blue tree HR Solutions.

Are your staff self-employed? Or not? Find out here…

Posted on October 27, 2017June 19, 2023 by Blue Tree HR

There are many businesses that use self-employed contractors instead of employing staff. And who can blame them when they can avoid the minefield otherwise known as Employment Law! Also, side-stepping having to commit to the regular provision of work, pensions, holiday pay and sick pay.

If only it were that easy…..

Unless you set clear boundaries and manage the contractors effectively they can cause problems for your business or even make allegations that they were in fact employed and make a claim via employment tribunals.

Employed

Works part-time or full-time under a contract of employment and the company pays their salary. They are expected to comply with company rules and can be managed through a disciplinary process. Employees have recognized rights and duties. Employers have many commitments including, provision and contribution to an auto-enrolment pension, paid holiday and notice periods.

Self-employed

A self-employed person will run their own business and take responsibility for the success of their business. Self-employed people are more likely to be contracted to provide a service for a client. They will not be paid through PAYE and don’t have the same employment rights and responsibilities as employees or workers. They are not entitled to holiday pay, paternity or maternity leave, pension provision etc.

A self-employed person still has protection for their health and safety on a client’s premises, in some cases, will be protected against discrimination and will have their rights and responsibilities set out in the terms of the contract with their client.

The key is sticking to the agreement and following the guidance set out by HMRC.

Below are indicators of what is self-employment to check the status of self-employed individuals.

Self-Employed:

should exercise independent control and judgement over how the work is carried out
would normally work for a number of people
have professional indemnity insurance
It should be possible to make a loss
have the right to appoint a substitute and are not necessarily required to carry out work personally
can decide whether to accept offers of work or not, this, of course, leads to them having the option to determine their own working hours
normally have to correct faulty work at own cost and time
provide their own materials and equipment

Ideally, a business should be able to tick yes to the majority of the points, if not maybe it is time to think about how to clearly define the self-employed status.

If you are asking self-employed workers to attend staff meetings, be at work at a certain time, wear a particular uniform, sell a specific brand of product, charge a certain price, have performance reviews or disciplinary meetings – you should have a rethink.

Research by Citizens Advice has suggested that as many as 460,000 people in the UK could be falsely classified as self-employed, costing up to £314m a year in lost tax and employer national insurance contributions.

Following the recent landmark case where a tribunal ruled that Uber drivers were not self-employed, this has become a hot topic and the government launched a recent inquiry which will look at the status and rights of agency and casual workers and the self-employed for the purposes of tax, benefits and employment law, and how to protect them.

The reasons why Uber drivers are not self-employed:

The company claimed the drivers’ made a contract with the passenger and the company was merely their agent, but this didn’t reflect the reality of the situation—the passenger booked through the company and the driver accepted the booking
Uber interviewed drivers to assess their suitability which looks like recruitment
Uber retains the passengers’ names, addresses, and contact details and takes their money
Effectively drivers had to accept trips
Uber set the route for the driver to follow
Uber fixed the fare
Uber rated the performance of their drivers
Uber handled complaints against drivers and rebate

Penalties

If the contractor works purely for the same company over a period of time they may gain ‘worker’ or even ’employee’ status in the eyes of an employment tribunal. Claims are often made by contractors who have missed out on a redundancy payment or who feel they are entitled to holiday pay. If a claim is submitted for a redundancy payment it is likely to be accompanied by a claim for unfair dismissal. There is, surprisingly, little financial risk to the contractor in making a claim in the employment tribunals.

Summary

Ascertaining whether a worker is an employee or self-employed is not as simple as looking at the label the parties have attached to the relationship.

Employment tribunals will look at the realities of the relationship as a whole, considering a range of factors and making a balanced decision.

The importance of ascertaining employment status cannot be under-estimated, because there is so much at stake for the employer who tries to deny his worker’s statutory employment law rights.

It is unlawful for the employer to privately agree with his employee that the statutory rights will not apply. The only exceptions are where there is an ACAS-approved COT 3 form signed or where the employee has signed a properly drafted Settlement Agreement after having received independent legal advice.

Having self-employed workers is a perfect solution in many industries and we have experience with various employers who have self-employed contractors, for example, hairdressers, beauticians, mortgage advisers and airlines hiring self-employed pilots. And when managed correctly the arrangement works well for both parties, and everyone can benefit.

Please get in touch if you have any queries regarding self-employed people in your workplace, or if you have any other queries relating to expert HR advice for small businesses.

Category: Employment Law