Knowledge Centre

Employing People

If you need to employ staff, whether you’re just starting up or you’re growing your business, there are things you need to plan in advance.

Making sure you are fulfilling your legal responsibilities as an employer is essential and we are here to help.

Some of the things you need to think about are:

Do I need to give my employees a contract and what do I need to put in it?

Useful Definitions.

People often use certain terms when discussing staff contracts etc. Here are some useful explanations:

Employment contracts

A contract is an agreement between employee and employer setting out implied and explicit terms and conditions - written statement of particulars, collective agreements, it is often used interchangeably with Written Statement of Employment.

Contract types and employer responsibilities

There are different contract types: full-time, part-time, fixed term, agency workers, consultants, zero hours, family members, volunteers and young workers

Employment status

Employment status (worker, employee, self-employed, director or contractor) affects employment rights and employer responsibilities in the workplace

Continuous employment

This is the period of time an employee has worked continuously for one employer.

Fixed-term employment contracts

Fixed Term Contracts are contracts which have a specified end date, there are often used for specific projects.

Flexible working

Can include working from home, term-time working, part-time working etc.

Discrimination

Discrimination policy and equal opportunities in the workplace - sex discrimination, disabled workers, older people, compulsory retirement

Maximum weekly working hours

Working time directive and maximum weekly working hours including how to calculate your weekly working hours and working time limits if you're a young worker

Part-time workers' rights

Part-time workers shouldn't be treated less favourably than full-time workers; employers' responsibilities and what part-time workers can do if they're treated unfairly

Overtime: your rights

Overtime law - what is overtime, overtime pay, employee rights, part-time workers and time off in lieu

Sunday working

The rules for working on Sundays, opt in, opt out arrangements, rules for shop and betting shop workers

Anti-bribery policy

Protect yourself and your business by putting in place an anti-bribery policy for those who work for you and on your behalf

Employer relocation: your rights

When employers move, employees with mobility clauses, what happens with redundancies, compensation, disputes and company takeovers

Night working hours

The rules on working hours - hour and limits, rests, health assessments and terms and conditions

Rest breaks at work

Workers' rights to rest breaks at work - length of breaks, how your age affects rest breaks, exceptions to the rules for shift workers, young people, and drivers

What if I need to consider redundancies or dismissing staff?
Calculate your employee's statutory redundancy pay

Employer calculator - calculate your employee's statutory redundancy payment

Handling staff resignations

How employers must handle written and verbal staff resignations, business transfers and redundancy pay

Handling an employee's grievance

Handling employees' grievances at work - setting up a grievance procedure, holding a grievance hearing and managing appeals

Being taken to an employment tribunal by an employee

Employer guide to employment tribunals - the hearing, your responsibilities, compensation and appeals

Taking disciplinary action against an employee

Disciplinary rules and procedures to deal with poor performance and conduct

Dismissing staff

How to dismiss staff fairly, working within dismissal rules and dealing with dismissals relating to whistleblowing

Making staff redundant

Rules employers must follow when making staff redundant - consultations, notice periods, compulsory and non-compulsory redundancy and redundancy pay

Solve a workplace dispute

Grievances and disciplinary action at work can be solved by informal discussions, formal procedures, mediation, conciliation or arbitration

Whistleblowing

Whistleblowing is when a worker reports suspected wrongdoing at work - whistleblowing process and a protection worker's from dismissal

This section "Dismissing Staff and Redundancies" contains public sector information licensed  under the Open Government Licence v2.0.

How do I keep my staff safe at work?

Accidents, health and safety law and workplace conditions

Employers: preventing discrimination

Discrimination policy and equal opportunities in the workplace - sex discrimination, disabled workers, older people, compulsory retirement

Recruitment and disabled people

Avoiding discrimination against disabled people in recruitment – advertising the job, encouraging applications, reasonable adjustments, work choice programme

Fire safety in the workplace

Fire safety in business and non-domestic premises: the responsible person, fire risk assessments, shared premises, new buildings, enforcement, appeals and penalties

Health and Safety Executive (HSE)

Contact information for finding out about health and safety at work issues and making a complaint and reporting injuries

Health and safety on ships

Owners and operators of seagoing ships and large yachts are responsible for the health and safety of seafarers

Health and safety using farm vehicles and machinery

Your legal obligations to ensure the health, safety and welfare of your farm employees and workers

Running a business from home

Running a business from home - insurance, business rates, expenses, tax allowances

Smoking at work: the law

The law on smoking in the workplace and what businesses must do to prevent smoking at work

Workplace temperatures

There is no law for a minimum or maximum temperature, but during working hours the temperature in all workplaces inside buildings must be reasonable

If you want to discuss anything further, call the Growth Hub today on 0844 257 8450.

What about the Tax and National Insurance for my staff?

Paying HMRC, employee expenses and benefits and paying staff

Running your business's payroll

Get guidance on managing your business' payroll, including employees starting and leaving, reporting to HM Revenue & Customs, Income Tax and National Insurance deductions from staff, Statutory Payments

Calculate tax on company cars

As an employer, if you provide company cars or fuel for your employees' private use, you'll need to work out the taxable value so you can report this to HMRC

Introduction to expenses and benefits for employers

If you're an employer and provide expenses or benefits to employees or directors, you might need to tell HMRC and pay tax and National Insurance on them

National Minimum Wage calculator for workers

Check if your pay matches the National Minimum Wage or if your employer owes you payments from past years.

Employers' responsibilities: equality monitoring

Employers' responsibilities for diversity monitoring: gender, ethnicity, sexuality and disability balance in the workplace - including data protection

Use the Construction Industry Scheme (CIS) online service

Sign up or log in to use the Construction Industry Scheme online service - you can use it to file your contractor monthly returns

What you must do as a Construction Industry Scheme (CIS) contractor

What you have to do under the Construction Industry Scheme if you're a contractor - registering, filing returns, paying subcontractors and keeping records

What is the Construction Industry Scheme (CIS)?

What the Construction Industry Scheme (CIS) is, who has to register, work that's included and excluded and what happens if your business is based outside the UK

What to do when an employee dies

You must report the death of an employee at work to the Health and Safety Executive and the police

Child employment

Minimum working age and pay for children, how to apply for performance licenses and what local council bylaws say about employing children

Get a dispensation for reporting non-taxable expenses and benefits

Apply for an exemption from reporting expenses and benefits that your employees don't have to pay tax on

Make benefit debt deductions from an employee's pay

Direct Earnings Attachment (DEA) and deducting any money an employee owes the Department for Work and Pensions (DWP) from their pay

Make child maintenance deductions from an employee's pay

What you must do by law with a deductions from earnings order (DEO) to make child maintenance deductions from your employee's pay

Minimum wage for different types of work

Minimum wage rates for different types of paid employment - time work, output work, unmeasured work, salaried hours work

National Insurance contributions for your employees

Class 1 contributions employers have to pay for their employees, rates and categories to calculate how much to pay

National minimum wage: accommodation

Accommodation and the National Minimum Wage (NMW) including what is meant by 'accommodation' and the NMW offset rate

Report a company car to HMRC

You need to tell HMRC about employees' company cars, vans or other vehicles by filling in form P46 (Car)

Do I have to offer a staff pension?

Includes workplace pensions and Combined Pension Statements

Combined Pension Statements for employers

Employer guide: application steps to joining the Combined Pension Statement (CPS) service, previously Combined Pension Forecast (CPF)

State Pension calculator

Work out your State Pension age and Pension Credit qualifying age or estimate how much basic State Pension you may get

Workplace pensions - employers' obligations

Workplace pensions - what employers have to do, automatic enrolment, stakeholder pensions

Recruiting the right staff-what are the legal requirements?
Advertise a job with Universal Jobmatch

Employers can use Universal Jobmatch to advertise jobs online and automatically match them to suitable jobseekers

Apprenticeships

How to become an apprentice – qualifications, pay and training, take on an apprentice, funding, employer grants

Employing staff for the first time

The main things you need to consider when employing people for the first time or if you've never hired an employee before

Jobcentre Plus help for recruiters</5h>

Support from Jobcentre Plus if you're recruiting - including work trials, wage incentives, recruitment advice, Youth Contract, Work Choice and other employment schemes

Access to Work

Access to Work is money to help you do your job if you have a disability or health condition - eligibility, how to apply

Apply for a sponsor licence

Apply for a sponsor licence so you can sponsor foreign workers or students to come and work or study in the UK

Check an employee's right to work documents

Make sure an employee can work in the UK - check they have the right documents and make sure you're not prosecuted for employing an illegal worker

Check if someone can work in the UK

Find out if a potential employee has the right to work in the UK and what documents employers should check

Checks employers can make on job applicants

Checks employers might need to run on job applicants, including right to work in the UK, Disclosure and Barring Service (DBS - formerly CRB) checks and health checks

Employers' liability insurance

Your insurance must cover you for at least £5 million - check authorised insurers and how you can be fined

Employers' responsibilities: equality monitoring

Employers' responsibilities for diversity monitoring: gender, ethnicity, sexuality and disability balance in the workplace - including data protection

Employers: preventing discrimination

Discrimination policy and equal opportunities in the workplace - sex discrimination, disabled workers, older people, compulsory retirement

Employment rights and pay for interns

Rights for interns and students in the workplace; work experience; work placements; rights to the National Minimum Wage

Ex-offenders and employment

The law on criminal records and employment, including spent convictions, rehabilitation and exceptions for Disclosure and Barring Service (DBS - formerly CRB) checks

National minimum wage: accommodation

Accommodation and the National Minimum Wage (NMW) including what is meant by 'accommodation' and the NMW offset rate

Penalties for employing illegal workers

You can be fined £10,000 for employing an illegal worker - find out what happens and what you can do

Reasonable adjustments for disabled workers

Employers must make reasonable adjustments to make sure disabled workers aren't seriously disadvantaged when doing their jobs

Recruitment and disabled people

Avoiding discrimination against disabled people in recruitment – advertising the job, encouraging applications, reasonable adjustments, work choice programme

The National Minimum Wage

Who is entitled to minimum wage - NMW current rates and penalties if employers don't pay it

Using a recruitment agency to find staff

Employers' responsibilities when using agencies to find staff, including health and safety, access to facilities, vacancies, continuous employment, transfer fees and complaints

Holidays, Maternity Leave and Sick Pay

Includes maternity and paternity leave, holiday entitlement and sick pay

Calculate holiday entitlement

Holiday calculator to work out statutory holiday leave in days or hours

Holiday entitlement

Holiday entitlement or annual leave - information for employers and workers on entitlement, calculating leave, taking leave, accruing leave and disputes

Statutory Maternity Pay and Leave: employer guide

Employer guide to Statutory Maternity Pay (SMP) and Leave - rates, eligibility, notice period, form SMP1, recover statutory pay

Ordinary Statutory Paternity Pay and Leave: employer guide

Employer guide to Statutory Paternity Pay or Leave - entitlement, eligibility, notice period, forms SC3 and OSPP1, recover statutory pay

Statutory Sick Pay (SSP): employer guide

Employer guide to Statutory Sick Pay - SSP rates, form SSP1, eligibility, fit notes (formerly sick notes), recover statutory pay

Employee rights when on leave

Guidance for employees and employers: employment rights when on maternity, paternity or adoption leave - keeping in touch days, annual leave, returning to work, redundancy

Additional Paternity Pay and Leave: employer guide

Employer guide to Additional Statutory Paternity Pay and Leave - entitlement, eligibility, notice period, forms SC7 and ASPP1 and recover statutory pay

Calculate your agricultural worker holiday entitlement

Work out how much statutory holiday leave you're entitled to as an agricultural worker

Career breaks

Career breaks - eligibility and notice periods, contract terms and conditions.

Giving staff time off for jury service

What you can do if an employee is called up for jury service, and how to sort out their pay or help them claim an allowance

Giving staff time off for magistrate duty

How to give an employee time off to volunteer as a magistrate, and how much time they are allowed off

Maternity and paternity calculator for employers

Calculate an employee's maternity pay (SMP), paternity or adoption pay, qualifying week, relevant period and average weekly earnings

Parental leave

Employer and employee guide to unpaid parental leave - eligibility, how much leave can be taken and notice periods

Statutory Adoption Pay and Leave - employer guide

Employer guide to Statutory Adoption Pay and Leave - entitlement, eligibility, notice period, proof of adoption, recover statutory pay

Time off for family and dependants

Your legal right to time off to care for dependants - when you can take time off, how long you get, your rights

Time off work for public duties

Taking time off work for public duties (e.g. as a magistrate, school governor or on jury service) - rights and responsibilities for employees and employers

Training and study at work: your rights</5h>

Time to Train - the legal right to request time off for training or study while in a job

Travel disruption and work

Travel disruption and work - employee rights, employer rights, paid and unpaid holiday entitlement, winter weather

Shared Parental Leave Employer Toolkit

Do you know what your responsibilities as an employer are when it comes to Shared Parental Leave?

Find out more: http://www.cumbriagrowthhub.co.uk//wp-content/uploads/2018/02/SharedParental-Leave-employertoolkit.pdf

Trade unions and workers rights

Includes industrial action and recognising trade unions

The rights of trade union reps

Rights to paid time off for union reps, shop stewards, health and safety or learning reps or other union officials

Employers: preventing discrimination

Discrimination policy and equal opportunities in the workplace - sex discrimination, disabled workers, older people, compulsory retirement

Retirement age

Default retirement age has been phased out - most people can work for as long as they want to but some employers can set an compulsory retirement age

Being taken to an employment tribunal by an employee

Employer guide to employment tribunals - the hearing, your responsibilities, compensation and appeals

Agricultural workers' rights

The rights of agricultural and farm workers - including pay rates, agricultural minimum wage, overtime, holiday leave, rest breaks, help and advice

Being monitored at work: workers' rights

Employers might monitor workers, but if the monitoring involves taking data, images or drug testing they have to do this in a way that's legal and fair

If your business faces industrial action

Strikes and industrial action - rights and responsibilities for employers, when unions can take action and the effect on employees' pay and working records

Personal data an employer can keep about an employee

Personal data an employer can keep about an employee, and employee rights to see this information under data protection rules

Pregnant employees' rights

Legal rights for pregnant employees - including paid time off for antenatal appointments, maternity leave and pay, protection against discrimination and telling the employer about the pregnancy

Reasonable adjustments for disabled workers

Employers must make reasonable adjustments to make sure disabled workers aren't seriously disadvantaged when doing their jobs

Recognise or derecognise a trade union

As an employer, find out about the voluntary and statutory processes for recognising or derecognising a union

Recruitment and disabled people

Avoiding discrimination against disabled people in recruitment – advertising the job, encouraging applications, reasonable adjustments, work choice programme

Training and study at work: your rights

Time to Train - the legal right to request time off for training or study while in a job

Working with trade unions: employers

Working effectively with trade unions; collective bargaining and agreements, informing and consulting, union subs, the check off, political funds, union reps

Workplace bullying and harassment

What to do about bullying and harassment at work - the law, action employees can take and advice for employers about their responsibilities

Your rights if your employer is insolvent

If your employer is 'insolvent' this means it can't pay its debts - your rights if this happens, claiming money owed to you, where to get advice

More Information

Get in Touch

Contact us today for help and advice on starting or growing your business.

Tel: 0844 257 8450

Email: info@cumbriachamber.co.uk