February 22, 2012

Employment Law in your Business

The last thing that many small entrepreneurs think of when they have a great idea and set up their business is about the range of legal rights and protection that their future employees will be entitled to. Few small businesses have a HR Function. There used to be Personnel and now there are Human Resources, which can be quite a significant department in larger organisations.

Smaller businesses will find it difficult to keep up with changes and developments in employment legislation and in most cases may not be aware of issues until an issue arises.

Employment Law covers legal rights and obligations of employers and employees in the following areas, among others

  • Discrimination: Age discrimination, race and religious discrimination and sex and sexual orientation discrimination; employment of disabled people and physical access rights
  • Pay and employment rights: equal pay, maternity and paternal pay and leave rights
  • Appointment and Dismissal: Employment contracts, Terms and conditions, Working time, Transfer of Undertakings dismissal and redundancy
  • Staff Well Being and Conflict resolution: health and safety, discipline and grievance, bullying and harassment,
  • Data Protection

There are employment law issues employers will need to know before they appoint staff in the first instance, but as they grow there needs to be someone within the business to take overall responsibility for primary employment functions, though they may well buy-in expertise when needed.

Two Employment Law Essentials for Business

In order to protect the rights of both employer and employee there are two areas of essential business documentation that all employers, however small, need to have. These are:

  • Contracts with Terms and Conditions of Employment: All employees have to have these documents, signed by both employer and employee on, or within a short time of, their appointment. Many serious problems arise for employers when they want to make even minor changes to their employee’s job duties or working requirements and they refuse because the allowance of such variation is not on their contract. Employers need to anticipate the need for future job flexibility (if they think they may need this) and ensure it is clearly stated at interview and in the contract.
  • Staff Records: Staff records need to comply with Data Protection requirements but companies need to have important staff information in their records. Their application forms and CVs need to be filed, but also should a annual update of any training  or qualifications undertaken be added to their records, together with appraisal information (if undertaken) though these should be open to employee inspection and signed by both parties. Records of any grievance or disciplinary information should be kept though only for the length of time written into the disciplinary policy (for example if the policy says information about a warning after a relatively minor incident will be kept for 6 months, then such documentation should be removed after that time.)