Transcript Slide 1

Employing staff
What you need to know......
Topics for today
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Employment options
TUPE
Secondment
Employing a worker
Self employed staff
Recruiting and managing staff
Employment options
• Employing a worker/s - employee/s
• Using a self employed worker/s
• Employing a contractor (refer to Managing a
Contract learning session)
• Seconding staff from the landlord
• Need to consider whether TUPE is likely to
apply
TUPE -What is it?
• Transfer of Undertaking – Protection of Employment
Regulations 2006
• Aim is to protect employees when there is a change
of service provider
• If task being transferred represents the largest part
of one person’s job then they will be transferred to
the new provider
• Employees transfer on current terms and conditions
of employment including pay
Secondment
• Person is still employed by the landlord but
reports to the residents group
• No change to employee’s terms and conditions
- so not much scope to change the way work is
delivered
• Landlord continues to pay salary
• Only landlord can hire or fire
• As salary is paid by landlord – unlikely to be
much scope to pay to residents group
Self employed worker/s
• You must decide on the correct employment
status of someone who works for you - you
cannot take their word for it
• If you get it wrong , you may be penalised
financially
• Depends on:
• Contract of service = employee
• Contract for services = usually self employed
• If not sure get advice from HMRC
Recruiting staff – good
practice
• Understanding your obligations – training, landlord help?
• Clear job description – what is required
• Clear person specification – who is required
– Skills, knowledge, experience
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Simple, transparent recruitment procedure
Advertising the job
Application form
Short listing/Interviews (consistent scoring)
Do not discriminate on grounds of protected characteristics
Keeping records
Employing staff
6 steps – you need to:
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Decide on salary (see minimum/living wage) and
days/hours of work
Check if employee has legal right to work
DBS check (was CRB) if necessary
Get employers liability insurance
Send written statement of employment
particulars to employee
Tell HMRC by registering as a new employer
Managing staff
• Provide some basic facilities
• A system for monitoring attendance
• Who will act as line manager
– Cannot have several managers
• Monitoring performance and discussing
problems
• Arranging training such as health and safety
• Dealing with disputes - disciplinary and
grievance
Know the law
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Minimum wage (aim for living wage)
Minimum annual leave per year
Maximum no. of working hours per week
Contract of employment
Unfair dismissal and Notice period
Maternity leave and flexible working
Discrimination
Workplace pensions
Getting help
• Your Landlord
• ACAS help for small firms
– a series of step by step guides
– Free templates such as model contract, policies
etc
– Free helpline on 08457 474 747
– Training days for those new to employment
– http://www.acas.org.uk/