Below are a breakdown of the specific areas of Human Resources that we deal with as well as the various matters that we can assist you with.
We help employers with day-to-day HR issues such as:
Kerseys can help you with the process of managing your legal obligations to your employees, from recruitment through to your responsibilities when employees leave. We can guide you through the following areas:
We can help you prepare job descriptions and interview questions. This will not only help you attract the ‘right’ employee, but we will also help you avoid the pitfalls of recruitment such as discriminating against a candidate.
We can also help you with your legal obligation of checking a candidate’s legal right to work in the UK.
Once you’ve chosen your new employee, we can prepare and issue an offer letter for you.
We can also draft a contract of employment, which will clearly set out the contractual relationship between you and your employees and ensure that your business is protected if the employee decides to leave.
If you haven’t already got a staff handbook, then we can prepare one for you. A handbook will allow you to set out the policies and procedures that you will use to manage your business and employees. It will also let your employees know what is expected of them and how you operate your business.
If you already have a handbook, we can review and update it for you so that it takes account of any changes in the law or best practice.
We can help you with any disciplinary or grievance that you may have.
We can offer as much or as little help as you need. Whether you just want to have a quick chat with us about the matter, want our helpful crib sheets and scripts, or you want us to run the whole process for you, we can provide the assistance that you want and need.
We can also help you manage any employee who is off work on sick leave. We will help you to use a strategy and put processes in place that help you reduce the impact of an employee’s sickness on your business.
Our support will make any process as stress free as it can be, whilst also ensuring that you minimise any exposure to a legal claim.
We can devise, advise on, and implement restructures and redundancy programmes for you. These will allow you to ensure that your business has the right resources going forward. This can include putting in place a fair selection process and a proper consultation process that will ensure you don’t unfairly dismiss any of your employees or discriminate against them.
We can prepare a timeline for you, draft letters to individuals and any collective body, prepare selection criteria, assess any selection you make, prepare crib sheets and scripts for the consultation meetings and deal with any appeals.
If you are selling part or all of your business or buying another business, we can advise you on what you need to do as well as preparing all the necessary documentation, undertaking due diligence and ensuring that you comply with the very specific legal requirements in such a situation.
In the event that your relationship with an employee can no longer continue, we can assist you with managing that employee’s exit. This can include arranging an exit interview, preparing a termination letter and advising on, negotiating, preparing and completing a settlement agreement if it is appropriate.
Our retainer solutions give you access to your own outsourced HR department. We work in partnership with you, giving you peace of mind that you have full support for all of your HR/employment law needs at a fixed fee price agreed with you, we offer employment solutions to suit what is best for you based on a fixed feed retainer package as below or will be happy to agree a set fee per month per employee with you if this work out to be a better option for your employment needs.
Providing you with access to a hub with a suite of template documents and policies designed specifically for your business available for you to access 24/7, 365 days a year, prepared by a qualified employment solicitor that you will also have access to for telephone calls and emails throughout the year.
Choose from one of our flexible options, tailored for your business.
We recognise that not one size fits all and we will be happy to discuss your specific requirements with you to advise you on a retainer basis as above or discuss a fixed monthly fee per employee in order to help you reduce your costs and feel assured that you have access to a qualified employment lawyer supporting your business. Alternatively we offer HR services on a one-off fee basis.
It is legislation that governs employer and employee relationships, including trade unions. Many of the laws look to outline and protects UK worker’s rights and employee’s rights. We find the employment rights in the UK in various acts, regulations and laws.
There are 3 main types of employment status under the law:
It is essential that, as an employer, you are knowledgeable about employment legislation and laws. There are several acts and laws that protect employees and worker’s wellbeing.
Let’s look at what employment law covers, as well as the reasons for it to exist in the first place.
You have a duty to abide by employment law and it’s important to have a good understanding of their obligations.
Failing to follow these correctly and violating employee rights in the UK could allow staff to bring claims to an employment tribunal.
It covers a wide range of issues relating to the work environment and processes. Here are some examples of what’s covered by employment law—including:
Having a list of key employment legislation in the UK is a great way for you to keep on top of them. There are a core set of acts that embody the main parts of employment law.
By regularly reminding yourself of these laws and your responsibilities as an employer, you are far less likely to break them inadvertently.
Here are the most important pieces of employment law legislation and key information on these laws.
An employee’s rights are determined by their employment status. This can be determined by a few factors:
There are 3 main types of employment status under the law:
As an employee, they have rights set out by employment law. These can include:
As a worker, they have rights set out by employment law. They are slightly different to employees but are still protected by many of the same laws. These can include:
Rights for the self-employed
Despite the nature of the employment type, those who are self employed are still protected by employment law legislation. It is not as comprehensive as the previous employment statuses, but there are still some that should be taken into account. They are as follows:
While not directly employment law, health and safety legislation also affects employer and employee relationships. You need to understand your responsibilities towards health and safety in the workplace when navigating employee issues.
The Health and Safety at Work etc Act 1974 is the primary piece of legislation covering occupational health and safety measures in Great Britain. It’s sometimes referred to as HSWA, the HSW Act, the 1974 Act or HASAWA.
These acts place a duty on employers to protect their health, safety and welfare while at work. This applies to all of those on the premises, be that workers, temps or even clients and the general public.
The Health & Safety Executive (HSE) was set up under HASAWA. It enforce these duties and to penalise non-compliance.
What are the 3 basic employment rights for a worker in health and safety?
The various acts and legislation outline that all employees or workers have 3 basic rights when it comes to health and safety in the workplace.
This shows that, while not strictly employment law, these rights and acts have an effect on employee and employer relationships.
For example, dismissal for refusal to work in an unsafe environment would be unlawful under health and safety rather than employment law.
IR35 also known as “off-payroll working,” refers to the United Kingdom’s anti-avoidance tax legislation. The purpose of the IR35 regime (and of other regimes involving intermediaries) is to prevent the avoidance or reduction of tax and National insurance contributions (NICs) by employees who are disguised as contractors.
Essentially, IR35 affects all contractors who do not meet HMRC’s definition of ‘self employment’.
What are the off-payroll working rules?
The off-payroll working rules can apply if a worker (sometimes known as a contractor) provides their services through their own limited company or another type of intermediary to the client.
An intermediary will usually be the worker’s own personal service company, but could also be any of the following:
The rules make sure that workers, who would have been an employee if they were providing their services directly to the client, pay broadly the same Income Tax and National Insurance contributions as employees.
The client is the organisation who is or will be receiving the services of a contractor. The client will be responsible for determining if the off-payroll working rules apply. HMRC will be able to levy fines and interest for failure of businesses to comply with IR35. It is therefore, important to ensure that your business is compliant with IR35 in order to avoid backdated demands from HMRC.
There are also several other pieces of UK legislation that, although not solely related to employment law, contain key employment law information. These are:
You can see the pricing and services for Unfair or Wrongful Dismissal for Businesses here.
It is a dismissal that is done so in breach of contract. For example where an employer dismisses an employee usually for gross misconduct and refuses to pay the employee the notice pay and benefits that the employee would have received had the employer not dismissed the employee for gross misconduct.
Wrongful dismissal claims are also often brought in connection with constructive unfair dismissal claims. This is where the employee resigns with immediate effect in response to the employer’s fundamental breach of the contract of employment. Under such circumstances, the employee has no alternative other than to resign with immediate effect. As such, the employee is prevented from working their notice and receiving the benefits for that period.
An employee may pursue a claim for unfair dismissal where they have been dismissed by their employer and who, in most cases, has the requisite two years’ qualifying period of service. The qualifying period does not apply in most cases where the dismissal is for an automatically unfair reason such as whistleblowing or the dismissal is linked to discrimination.
There are circumstances in which an employee who meets the qualifying criteria may not be able to pursue a claim, such as for example, where the employee does not have the legal right to work in the UK or they are out of time to bring a claim.
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