- MAKE THEM RIGHT - The need to control costs may leave an Employer concerned to consider re-negotiating its employment contracts. Even if you know this is possible, you may not know how to achieve it legally and properly. Lay-offs also need to be achieved legally and properly.
- KEEP THEM RIGHT - 2009 saw some major developments in the duties of Employers under the law. Employers should ensure that all their employment documentation is up to date and reflects these.
Here is a reminder of the more substantial changes:
- The previous statutory dispute resolution procedures for the proper conduct of grievances and internal disciplinary proceedings have been repealed. A package of replacement measures is now being brought into effect. Early revision of an Employer’s policies and procedures should therefore be made to comply with the new law.
- Employees with children up to 16 years of age now have the right to request flexible working arrangements and Employers need to be prepared with appropriate provision and response.
- Minimum paid holiday entitlement has increased from 24 to 28 days per annum for employees working a five day week.
- In October 2009 the provisions of the Safeguarding Vulnerable Groups Act 2006 was introduced. If your business engages in or provides regulated activities (involving children and/or vulnerable people), your contracts, policies and procedures will need to comply with this law.
A Housekeeping List
1. Provide all employees with a statement of terms - If you don’t have written employment contracts you are breaching your duties under the Employment Rights Act 1996.
2. Prepare up to date procedures for Grievances and for Disciplinary Proceedings consistent with the new law and the ACAS Code – if you try to sack anyone without having and following proper procedures, you may have committed an act of automatically ‘unfair dismissal’.
3. Ensure all your employees have complied with their own obligations and have the right to work in your business – Employers may be liable for a criminal offence if they do not properly check the immigration status of their employees and any appropriate registers for eligibility, licensing, accreditation and qualification applicable to them.
Make sure you can prove that you have the correct procedures and have followed them. Treat all employees consistently, reasonably and fairly.
Let Wellers Law Group LLP help you to update your employment documentation.
Contact our Bromley office on 0208 464 4242, London Office on 0208 242 7265 or email: employmentlaw@wellerslawgroup.com
