Ready to take employees? The short guide to take the next challenge
- Business Growth
- Comments: 0
For small business owners recruiting is a big step to take so getting it right is as important as recruiting the right person for the job. So what do we need to be aware of?
Squire Patton Boggs’ Caroline Noblet published on the 4 August 2017 A structured guide to recruitment, background checks, wage and working time law in the UK which in my view is concise and worth taking note of, so here are the highlights of what, as small business owners, we need to bear in mind:
Advertising: Take care of the language and pay attention to the wording when advertising job positions. They should not discriminate as a job applicant can bring a claim against a potential employer for Discrimination or even harassment (crikey!)
Background checks: The Dos and Don’ts
Criminal records? Pre-employment screening is mandatory for people to be employed in a ‘regulated activity’ (i.e. Working with children, provision of health and care). Subject to certain exceptions (including regulated positions within the Financial services) a person who has been convicted of a criminal offence but does not re-offend during a ‘rehabilitation period’ is entitled to treat himself or herself as having a clean record
Medical history? It is unlawful for employers to ask questions about health and disability before making a job offer. Employers can ask candidates information about their health after a job offer has been made
Drug screening? Drug screening is permitted only with the individual’s explicit consent. Drug tests are more common in safety-critical sectors such as transport or construction, or for roles where drug abuse risks compromising the integrity of the individual or position, or the recruiting organisation (i.e, public sector roles such as police officers)
Credit checks? Should be carried out only where they are relevant to the job (such giving financial advice) or where financial difficulties (including county court judgment) could expose the employee to risks of bribery or other security risk
Immigration status? Prior start of work, employers must check if the Job applicant has the right to work in the United Kingdom. The full guidance can be found on https://www.gov.uk/government/... :
Require the job applicant to produce original documents from List A or B, indicating that he or she has the right to work in the United Kingdom;
Check that the features of the documents meet the requirements set out in List A and B, that they appear to relate to the job applicant and that they are not forgeries; and
Take copies of the original documents and certify them as true copies of the original documents (the individual certifying the documents must clearly sign, write his or her name and state the date on which the copy was taken).
Copies of such documents should be kept for the duration of the person’s employment and for two years thereafter.
Social media? This is permitted, but only where the screening is for a specific and good reason and is not arbitrary. Employers using social media sites as part of a recruitment process should let candidates know this, and should explain what form these checks will take and why they are considered necessary. Candidates should ideally also be given an opportunity to comment on any information obtained via such checks if it may negatively influence the decision to offer them a job.
Wages and working time:
Pay: The national minimum wage (NMW)applies to all workers aged 16 to 24 years old and the national living wage (NLW), introduced in April 2016, applies to workers aged 25 and over. The NMW rate varies depending on the age of the worker and whether he or she is in training.
Hours and overtime:
Restrictions on working hours: The Working Time Regulations 1998 restrict workers from working more than 48 hours per week, averaged over a 17-week period. Employers are entitled to ask (not require) their workers to consent in writing to opt out of the 48-hour weekly working limit, provided that the workers then have the right to cancel the opt-out agreement by giving at least seven days’ (up to a maximum of three months’) notice.
The requirements for meal and rest breaks: The Working Time Regulations 1998 provide workers with a minimum uninterrupted 20-minute rest break where the working day exceeds six hours. Workers are also entitled to 11 hours’ uninterrupted rest per day and 24 hours’ uninterrupted rest per week (or, at the employer’s request, 48 hours’ uninterrupted rest per two weeks).
Overtime calculation: The employer determines the payment and rate of any overtime. A common rate is time and a half on working days and double time on weekends and bank holidays. The more senior the role, the less likely it is to carry payment for overtime working.
Minimum paid holiday entitlement: The Working Time Regulations 1998 provide for an entitlement for full-time workers of 5.6 weeks’ paid holiday per year. The entitlement may include public and bank holidays – normally eight per year in England and Wales. Entitlement is pro-rated for part-time workers.
Final pay and deductions from wages are permitted if:
they are required by statute (eg, deductions for income tax) or a relevant provision in the worker’s contract; or
the worker has signified in writing his or her agreement or consent to the making of the deduction
Record Keeping - records must be maintained: Employers must record and report their employees’ payments and deductions to HMRC on or before each payday. Payslips given to employees must include details of the amount and purpose of any deductions from wages. Itemised pay slips must be given to employees at or before the time at which wages are paid, and must include, among other things, details of gross and net wages.
If you need help with any business issues or like further information or discuss the topic in this article please contact us