Is a Contract of Employment a Legal Requirement?

Clients often ask if it is necessary to give their employees a contract of employment. Especially some businesses with a very small number of employees.

The answer is yes! All employees and workers are entitled to a written statement of terms. The law also changed in April 2020 to make this a right from day 1 of employment. Therefore, it is a great idea to have your employee contracts written and ready for new recruits either prior to, or when they start with you.

There are certain terms that you need to make clear in this document, such as their job title, salary, place and hours of work and their start date.

Different contracts may also require additional information. For example, if you issued a Fixed Term Contract, there would be an agreed end date to the employment and that would need to be written in the terms in addition to the start date.

Additionally, there are some other pieces of information that the employee is entitled to, such as details of your pension scheme, which you don’t need to put in the written terms on day one, but do need to issue within two months. This additional information might be provided on a separate policy or procedure document.

Irrespective of the legal guidelines, having clarity and agreeing terms of employment is the best way to start a professional relationship with your new employee. If both parties are clear about what they can expect from each other, then it starts to build a platform for trust and communication which is vital for great working relationships.

For more support, or for a chat about your business and employees reach me via LinkedIn or at jackie@harwoodhrsolutions.co.uk .

What’s your story?

Want to know more about us here at Harwood HR Solutions? Take a look at the ‘What’s your story’ interview with James Brodie from the Oxfordshire Co-working Club.

5 secrets to fostering a positive culture in the workplace!

Join Zoe Lidster and Roy Magara from Magara Law to discover 5 secrets to fostering a positive culture in the workplace.

 

The toxicity of bad employees

The most powerful person in your business is… not you. You might be the company’s founder or its CEO, but your influence doesn’t come close to that of one toxic employee.

Want to know more? Read our CEO’s thoughts in a recent article from Niche magazine.

Harwood HR _ Niche 41

How to manage an employee that doesn’t want to come back to work post COVID-19

Eloise Shelton and Zoe Lidster discus how to handle this challenging situation.

 

 

The Redundancy Process Explained

Navigating through a redundancy process can be tricky and it’s important to get advice before doing so. This guide helps to layout considerations and the formal procedure you must follow when making carrying out any redundancy in your business.

We hope you find it informative. As always, if you need any support please feel free to get in contact with us.

The Redundancy Process Explained

Coronavirus Economic Recovery Plan – What does this mean for employers?

Coronavirus Economic Recovery Plan – What does this mean for employers?

In a bid to keep as many in work as possible and tackle unemployment among young people, the government have announced further stages in the coronavirus economic recovery plan.

Job retention bonus

With the furlough scheme finishing at the end of October, many organisations will be concerned over the implications of mass redundancies without the scheme’s support. It has now been confirmed that if an employer brings someone back from furlough and keeps them in employment (earning at least £520 a month) until January, they will receive a £1000 bonus.

Kickstart scheme

This scheme is aimed at helping young people (16-24year-olds), The scheme will pay their wages for six months if employers take them on in new jobs. There will be no cap on numbers and the Chancellor urged every employer, to hire as many kick-starters as possible.

‘These will be decent jobs,’ he said, ‘with a minimum of 25 hours per week paid at least the National Minimum Wage (NMW)’. Employers will be able to top up that payment if they wish.

The scheme will open for applications in August and run until December 2021.

Training

The Government will pay employers £1000 to take on trainees and will provide £100 million to create places on Level 2 and 3 courses. Companies will be given £2,000 each to encourage them to hire apprentices and there will be a new bonus of £1,500 for employers taking on an apprentice aged over 25.

Employment support

The Chancellor said that £250,000 will be invested in careers advisers while the number of work coaches in job centres will be doubled.

Keeping people in work in hard-hit sectors

Hospitality and tourism have been hardest hit by the pandemic so the Chancellor has announced two new measures aimed at protecting jobs in these sectors.

Firstly, VAT will be cut on food, accommodation and attractions from 20 per cent to 5 per cent from 15 July 2020 to 12 January 2021.

Secondly, during August, everyone will get an ‘Eat out to help out’ voucher allowing a 50 per cent discount when they have a meal in a participating pub or restaurant (up to £10 per head for adults and children and applying Monday to Wednesday). Venues will be able to redeem the vouchers quickly, with money in their accounts after five working days, Mr Sunak said.

“Returning to Work” – Challenges for Employers to Consider

Transport plans

How employees get to and from the workplace will be a challenge for many employers bringing people back to the workplace. Some employees may not feel comfortable using public transport. If this is the case, is there the option for them to drive or cycle to work? Can they work from home until they feel safe to use public transport again? With more people potentially driving to the office, will this cause an issue with parking? You may need to consider a rota system for parking. A survey to staff prior to their return to understand transport plans and identify potential issues could help you to plan.

Health and safety

Getting this right is a huge step in the right direction to ensuring that employees feel comfortable to return.

For many organisations, putting new Health & Safety measures in place will be a big challenge, but it is essential for retuning employees to the workplace. Risk assessments, cleaning rotas, social distancing measures, appropriate signage are just a few of the things that organisations must put in place.

Having the space to implement the required social distancing protocols will be a problem for many and so one way to overcome this may be by splitting each department and then rotating them working from home; for example, two weeks at home and two weeks in the office.

Many employees will be nervous about retuning and so it is important to reassure them about enhanced hygiene practices and the new COVID safe workplace, including sharing the risk assessments that have been carried out.

Having worked hard to ensure that as many measures are in place as possible, it is essential that organisations then train their employees on these new procedures, policies and protocols and then ensure that they adhere to them! Employees need to know that the new measures “are here to stay”.

Preparing employees for the return to work

Reintegrating furloughed workers and those who have been working from home back into the workplace will need planning. It is important to get this right. Employees need to know what is happening and when; this will help them to feel more “at ease” with returning.

Some of the steps employers can consider taking to aid a smoother transition back to the workplace are:

  • Regular communication – keep staff updated with plans and timelines
  • Asking staff to complete a survey relating to how they feel about returning to the workplace and what would make them feel safe as well as any concerns they may have so that you can use this information to help with our workforce planning and re-boarding
  • Hold a ‘Return to the Workplace’ meeting with each employee to discuss how employees will travel to work, any caring commitments employees may have, any health issues, new Health & Safety procedures, the employee’s mental health, any support/training required etc..

Some staff who are furloughed or working from home may be reluctant to return to normal working practices and so by communicating all the measures taken to ensure employee safety and  how you will address issues like use of public transport, childcare etc will help to overcome this.

Settling back into work

For many employees, the workplace won’t look or feel the same as the one they left several months ago.

It is important to focus on employees and address concerns early on. Where some employees have been made redundant for example, those remaining may feel very nervous as to their own future with the organisation. It is vital to provide assurance and re-engage with these individuals early on.

We anticipate that one major change will be more homeworking than there was before the pandemic. For many businesses they are now welcoming this and offering employees different ways of working and providing flexibility. For others this isn’t an option long-term and so finding the right working pattern for the business and employee alike will be a challenge – “How will you manage future flexible working measures, now most people have proved their role can be done from home, while still maintaining a sense of team/culture and encouraging innovation?”

Employee mental health

Looking after employees’ mental health and wellbeing has been a challenge since the coronavirus outbreak started, and this is likely to be an ongoing one, particularly around managing employees’ anxieties about going back to the workplace.

Throughout the pandemic organisations have put in place many initiatives to help employees look after their mental health and it is important to continue that focus as employees return.

Annual leave

An amendment to the Working Time Regulations 1998 means that workers can carry over up to four weeks’ annual leave into the next two holiday years, where it has not been reasonably practicable for them to take it as a result of the effects of coronavirus.

While this is good news for employees who may have lost this leave previously, it is potentially challenging for employers to manage. Employees will be reluctant to use holiday when they are unable to go anywhere, but it is important to ensure that employees take a break; particularly those who have been working/working from home.

In addition, this could cause employers problems later down the line with managing the accrued time off. Organisations could consider enforcing some leave be taken, although this should be done providing correct notice and communicated to employees appropriately.

Managing individual cases 

Inevitably, there will be a handful of individuals whose circumstances have to be looked at on a case-by-case basis. Employees who are shielding, or have caring responsibilities may need to continue to work from home for example. Others may be “self-diagnosing the need to shield in order to avoid the workplace” or “do not feel safe to return to work but are not medically vulnerable or living with someone who is vulnerable” – it is important that employers take time to understand the individual circumstance and manage accordingly.

The “new normal” – what does that even look like!?

I think it’s safe to say that the workplace won’t go back to how it was before and for many, adjusting to the new way of working may take some getting used to. Some employees will be anxious about this; others may slip into the new way of working with no problems, but it is important to talk to employees to understand how they are feeling and address any concerns. Many have concerns about the loss of culture and interaction in the workplace and employers will need to work hard to ensure that this is considered when making plans to return. If you have more people working from home on a regular basis, how will you ensure that they stay focused and engaged? How will you bring people back to the office in a way that will mean they are comfortable and happy to be back?

Lots to consider and it’s a long road ahead, but together we will make it happen – you’ve got this!

Basic Guide to Redundancies

Return To Work Toolkit

Our ‘Return to Work Toolkit’ contains expert advice and information, including some helpful template documents.

This document provides basic steps for getting back to work, guidance on making decsions on employees returning and some useful templates to help with risk assessments, returning to the workplace and communicating to your employees the plans for return.

Download our Returning to Work Toolkit

Should you have any questions or require further support; policies etc, please do not hesitate to contact us.

 

HARWOOD HR’S BLOG

Looking for an insightful and informative read on the world of HR? Look no further than Harwood HR blogs!

Welcome Back | Return to Work Toolkit

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