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 8, September 2010  
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 LegalChecklist for employing staff    Bookmark and Share
CHECKLIST FOR EMPLOYING STAFF Minimize

Checklist for employing and managing staff

If you're not quite sure you're ready to employ someone to work in your business, see our article 'Thinking about taking on staff'.

If you're ready to go ahead and employ staff to work for you, use the checklist below to help ensure you've covered the basics.

If you employ staff you must, by law, have employer’s liability insurance in place.  Don’t risk a fine by not having this compulsory insurance.  You can get a quote for employer’s liability insurance here.

 

How to make a job offer properly

Make the job offer in writing and make sure you include:

  • the offer of employment
  • the job title
  • any conditions that apply, such as satisfactory references or completion of satisfactory probation period
  • the pay, hours, benefits, pension arrangements, holiday entitlement, place of employment, etc
  • the starting date
  • length of probationary period, if any
  • what the person needs to do next eg returning a signed acceptance of the offer, advising when they can start, etc.


When and how to issue employment contracts

Within 2 months of starting work you should provide your employee with a written statement of employment (an employment contract) which should contain:

  • your business name
  • the name of the employee
  • the date their employment started
  • how much you are paying them
  • frequency of payment eg weekly or monthly
  • normal working days/hours, and any requirements for these to differ
  • normal place of work, and any requirements for it to differ
  • holiday entitlement
  • sick leave and sick pay entitlement
  • notice period to terminate the employment
  • your disciplinary and grievance procedures

Get an employment contract suitable for permanent, fixed-term or temporary employees, which meets the requirements of UK Employment legislation. 

Note that a full working week is currently limited to 48 hours.  Employees can agree to opt out of this working time limit but must not be contracted or made to work more than 48 hours on average over a 17 week period.


How much to pay your employees

You must pay your employees at least the national minimum wage rates and should not count any tips they may receive as part of their wages.

The rates are usually increased in October each year. From 1 October 2009 the national minimum wage rates are:

  • £5.80 per hour for workers aged 22 and over
  • £4.83 per hour for workers aged 18-21
  • £3.57 per hour for workers aged 16-17


Operating a payroll

If you employ staff you need to pay them, deduct the correct tax and National Insurance contributions from their wages, and provide them with an itemised pay slip.  You can opt to buy and operate your own payroll software or consider using an outsourced payroll service.

HMRC has a really useful web page on what to consider when choosing an in-house or an outsourced payroll service.

If you opt to run your own in-house payroll software, choose one from the HMRC list of accredited payroll products


Looking after the health and safety of your employees

If you employ people you need Employers Liability Compulsory Insurance and you must display the certificate in your workplace. See the Employers liability compulsory insurance guide from hse.

For more information or to get a quote for employers liability insurance visit our business insurance centre.

For more information on health & safety for your employees see our articles on:

Basic health and safety at work covering working temperatures, rest breaks, working alone, the rules on providing personal protective equipment, and first aid in the workplace.

A checklist of how to comply with health and safety law in the workplace

Health and safety training for your staff

 

Understanding paid and unpaid leave entitlements

Record time off

For each member of staff you must keep a record of all absences, the length and reason for absence, and whether it was paid or unpaid. YouManage small business edition is an online tool to facilitate easy management of HR issues and absence recording and is a cost effective solution for small businesses with 6 or more employees.

 

Holiday pay

From April 2009 the minimum amount of paid annual leave for full-time employees was increased from 4.8 weeks to 5.6 weeks.  You can include bank and public holidays as part of this allowance and do not have to give these days in addition. This allowance should be pro-rated for part-time employees.  Acas has a useful guide to holidays and holiday pay that includes how to calculate holiday pay for your staff.


Other paid time off

You must allow "reasonable" paid time off to your employees for activities which include:

  • attending antenatal appointments, if pregnant. 
  • carrying out duties or receiving training as a safety representative
  • carrying out duties as a pension scheme trustee
  • looking for another job or arranging training for future employment if you have made them redundant
  • for young people, studying or training leading to a relevant qualification


Unpaid time off

For some activities you are not obliged to pay your staff, but you must allow them time off, the main ones being:

  • family emergencies
  • jury service
  • acting as a school governor


Things to watch out for when employing people

Don’t discriminate

Don’t discriminate at any time during the recruitment, employment, promotion or termination process on the grounds of:

  • age
  • gender
  • disability
  • race
  • religion
  • sexual orientation
  • hours worked
  • religion
  • beliefs
  • marital status

 

Make sure the candidate is legally entitled to work in the UK

You should check the entitlement to work in the UK of every worker you plan to employ - regardless of their race, ethnic or national origin, colour or nationality. As a general rule, citizens of the UK, Channel Islands, the Isle of Man, Ireland, EEA and Swiss nationals are eligible to work in the UK. Business Link has a comprehensive section on how to check eligibility to work in the UK, that includes information on documentation and work permits.

 

Handling requests for flexible working

You have to give serious consideration to requests to work flexibly from employees who:

  • have worked for you continuously for at least 26 weeks and
  • are parents of children under 16 or of disabled children under 18
  • or have responsibility for caring for adults.

The BusinessLink website has more information on your legal obligations and guidance on how to consider and respond to flexible working requests.


Sources of further employment help and information

Employment documents

A range a range of employment documents suitable for use by businesses based in England, Wales or Scotland is available from Clickdocs. These documents have been prepared primarily for use in small businesses with due regard to the prevailing employment laws. 


ACAS

ACAS stands for Advisory, Conciliation and Arbitration Service. Its services for small businesses include up-to-date information, independent advice, training, workplace projects, and conciliation and mediation services.  It also operates a Free telephone helpline for employment questions that is open Monday to Friday, 08:00-18:00 on 08457 47 47 47


Business Link

Business link has some useful interactive checks lists for employing people, checking your legal responsibilities when recruiting new employees, and taking on a new employee 


HMRC

HMRC has information on the PAYE aspects of taking on a new employee that includes an introduction to PAYE schemes, the paperwork involved and how to avoid employing an illegal worker.


HR Management services

If you have 6 or more staff you may find it cost effective to consider using a service such as Youmanage.  Youmanage is an employee management solution that gives you online access to a complete suite of legislative guidance and employee management and reporting tools.  Now Let's Get Started is an official appointed referrer for Youmanage.  More information and try Youmanage for free here.

Checklist for employing and managing staff

If you're not quite sure you're ready to employ someone to work in your business, see our article 'Thinking about taking on staff'.

If you're ready to go ahead and employ staff to work for you, use the checklist below to help ensure you've covered the basics.

If you employ staff you must, by law, have employer’s liability insurance in place.  Don’t risk a fine by not having this compulsory insurance.  You can get a quote for employer’s liability insurance here.

 

How to make a job offer properly

Make the job offer in writing and make sure you include:

  • the offer of employment
  • the job title
  • any conditions that apply, such as satisfactory references or completion of satisfactory probation period
  • the pay, hours, benefits, pension arrangements, holiday entitlement, place of employment, etc
  • the starting date
  • length of probationary period, if any
  • what the person needs to do next eg returning a signed acceptance of the offer, advising when they can start, etc.


When and how to issue employment contracts

Within 2 months of starting work you should provide your employee with a written statement of employment (an employment contract) which should contain:

  • your business name
  • the name of the employee
  • the date their employment started
  • how much you are paying them
  • frequency of payment eg weekly or monthly
  • normal working days/hours, and any requirements for these to differ
  • normal place of work, and any requirements for it to differ
  • holiday entitlement
  • sick leave and sick pay entitlement
  • notice period to terminate the employment
  • your disciplinary and grievance procedures

Get an employment contract suitable for permanent, fixed-term or temporary employees, which meets the requirements of UK Employment legislation. 

Note that a full working week is currently limited to 48 hours.  Employees can agree to opt out of this working time limit but must not be contracted or made to work more than 48 hours on average over a 17 week period.


How much to pay your employees

You must pay your employees at least the national minimum wage rates and should not count any tips they may receive as part of their wages.

The rates are usually increased in October each year. From 1 October 2009 the national minimum wage rates are:

  • £5.80 per hour for workers aged 22 and over
  • £4.83 per hour for workers aged 18-21
  • £3.57 per hour for workers aged 16-17


Operating a payroll

If you employ staff you need to pay them, deduct the correct tax and National Insurance contributions from their wages, and provide them with an itemised pay slip.  You can opt to buy and operate your own payroll software or consider using an outsourced payroll service.

HMRC has a really useful web page on what to consider when choosing an in-house or an outsourced payroll service.

If you opt to run your own in-house payroll software, choose one from the HMRC list of accredited payroll products


Looking after the health and safety of your employees

If you employ people you need Employers Liability Compulsory Insurance and you must display the certificate in your workplace. See the Employers liability compulsory insurance guide from hse.

For more information or to get a quote for employers liability insurance visit our business insurance centre.

For more information on health & safety for your employees see our articles on:

Basic health and safety at work covering working temperatures, rest breaks, working alone, the rules on providing personal protective equipment, and first aid in the workplace.

A checklist of how to comply with health and safety law in the workplace

Health and safety training for your staff

 

Understanding paid and unpaid leave entitlements

Record time off

For each member of staff you must keep a record of all absences, the length and reason for absence, and whether it was paid or unpaid. YouManage small business edition is an online tool to facilitate easy management of HR issues and absence recording and is a cost effective solution for small businesses with 6 or more employees.

 

Holiday pay

From April 2009 the minimum amount of paid annual leave for full-time employees was increased from 4.8 weeks to 5.6 weeks.  You can include bank and public holidays as part of this allowance and do not have to give these days in addition. This allowance should be pro-rated for part-time employees.  Acas has a useful guide to holidays and holiday pay that includes how to calculate holiday pay for your staff.


Other paid time off

You must allow "reasonable" paid time off to your employees for activities which include:

  • attending antenatal appointments, if pregnant. 
  • carrying out duties or receiving training as a safety representative
  • carrying out duties as a pension scheme trustee
  • looking for another job or arranging training for future employment if you have made them redundant
  • for young people, studying or training leading to a relevant qualification


Unpaid time off

For some activities you are not obliged to pay your staff, but you must allow them time off, the main ones being:

  • family emergencies
  • jury service
  • acting as a school governor


Things to watch out for when employing people

Don’t discriminate

Don’t discriminate at any time during the recruitment, employment, promotion or termination process on the grounds of:

  • age
  • gender
  • disability
  • race
  • religion
  • sexual orientation
  • hours worked
  • religion
  • beliefs
  • marital status

 

Make sure the candidate is legally entitled to work in the UK

You should check the entitlement to work in the UK of every worker you plan to employ - regardless of their race, ethnic or national origin, colour or nationality. As a general rule, citizens of the UK, Channel Islands, the Isle of Man, Ireland, EEA and Swiss nationals are eligible to work in the UK. Business Link has a comprehensive section on how to check eligibility to work in the UK, that includes information on documentation and work permits.

 

Handling requests for flexible working

You have to give serious consideration to requests to work flexibly from employees who:

  • have worked for you continuously for at least 26 weeks and
  • are parents of children under 16 or of disabled children under 18
  • or have responsibility for caring for adults.

The BusinessLink website has more information on your legal obligations and guidance on how to consider and respond to flexible working requests.


Sources of further employment help and information

Employment documents

A range a range of employment documents suitable for use by businesses based in England, Wales or Scotland is available from Clickdocs. These documents have been prepared primarily for use in small businesses with due regard to the prevailing employment laws. 


ACAS

ACAS stands for Advisory, Conciliation and Arbitration Service. Its services for small businesses include up-to-date information, independent advice, training, workplace projects, and conciliation and mediation services.  It also operates a Free telephone helpline for employment questions that is open Monday to Friday, 08:00-18:00 on 08457 47 47 47


Business Link

Business link has some useful interactive checks lists for employing people, checking your legal responsibilities when recruiting new employees, and taking on a new employee 


HMRC

HMRC has information on the PAYE aspects of taking on a new employee that includes an introduction to PAYE schemes, the paperwork involved and how to avoid employing an illegal worker.


HR Management services

If you have 6 or more staff you may find it cost effective to consider using a service such as Youmanage.  Youmanage is an employee management solution that gives you online access to a complete suite of legislative guidance and employee management and reporting tools.  Now Let's Get Started is an official appointed referrer for Youmanage.  More information and try Youmanage for free here.

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EMPLOYEE HELPLINE

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Reduce the risk of HR compliance failures with the Youmanage online HR toolkit.  Suitable for experienced HR professionals or complete beginners.

Try Youmanage for free

or

Schedule a live online demonstration

 

Youmanage HR management solutions logo

Reduce the risk of HR compliance failures with the Youmanage online HR toolkit.  Suitable for experienced HR professionals or complete beginners.

Try Youmanage for free

or

Schedule a live online demonstration

 

 
BUSINESS INSURANCE

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Compare quotes from top name insurers. Wide range of insurances.

 
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ACAS HELPLINE

FREE helpline for employment questions
Mon to Fri 8am-6pm
Call 08457 47 47 47

FREE helpline for employment questions
Mon to Fri 8am-6pm
Call 08457 47 47 47

 
LEGAL HELPLINE

Pay as you go legal helpline:
Call 08700 434 284
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Pay as you go legal helpline:
Call 08700 434 284
Quote NLGS08

 
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FREE service, over 4,000 UK registered solicitors. Call 0800 1777 162

 
MINIMUM WAGES

You must pay your staff at least the national minimum wage rate

You must pay your staff at least the national minimum wage rate

 
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Easy employee information and management.
Request a demo

 

 

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