Contractual Documents

EMPLOYMENT LAW for business

What legal documents do employers need when employing people?

When employing staff as a minimum employers should have:

  • A written contract : all employees should be given a written contract within two months of commencing their employment. If an employer fails to provide their staff with a contract it may lead to financial penalties, of between 2-4 weeks pay, in an employment tribunal.  
  • Disciplinary and grievance policies: setting out the procedure that employers should follow and details employee rights. Failure to follow the code could lead to a 25% increase in any compensatory award made by the employment tribunal.
  • Family friendly policies: setting out the companies maternity, paternity, shared parental, adoption and parental leave policies.
  • Anti-discrimination and harassment policies: you should have in place policies, procedures and training for management to prevent the discrimination of your employees on any of the following grounds: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex and sexual orientation. There is no cap for compensation if you are found guilty of discrimination in an employment tribunal.
  • Anti-bribery policies: you should have in place policies, procedures and training to prevent any form of bribery. Failure may result in criminal sanctions.

What if I use agency staff?

Further complications arise if you are an employer who regularly uses agency workers. Under the Agency Workers Regulation 2010, from the start of the assignment, a worker will be entitled to (a) access any shared facilities that the comparable employees/workers can access, e.g. canteens, crèches and gyms and (b) the same opportunity to apply for relevant vacancies as comparable employees/workers (unless the vacancy arises as a result of restructure).

Once the agency worker has completed a 12-week qualifying period, they will be entitled to the same basic working and employment conditions as their comparators at the hirer.

How can we help?

At SCE Solicitors we draft clear, comprehensive documents and policies tailored to your business this means that the expectation of the parties is clear at the outset of the relationship . These include (but are not exclusive to):

  • Contractual documents (including statements of particulars, consultancy agreements and senior executive contracts).
  • Employee handbooks.
  • Performance issues (including disciplinary, grievance and capability policies).
  • Equality policies (including anti-harassment and bullying, maternity, paternity, adoption, parental leave and flexible working).
  • Day-to-day policies (including sickness absence, dress code, social media and expense).
  • Redundancy policy.
  • Anti-bribery policy (including statement of ethics).
  • Health and safety policy.

So whether you are hiring your first employee, and want to ensure the relationship gets off to a good start, or you are updating your documents please contact a member of the team on 0113 350 4030 or complete the contact form for a free 30 minute telephone consultation.

%d bloggers like this: