Employing staff

What you need to know......

Topics for today

• 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• 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:

1. Decide on salary (see minimum/living wage) and days/hours of work

2. Check if employee has legal right to work 3. DBS check (was CRB) if necessary4. Get employers liability insurance5. Send written statement of employment particulars

to employee6. 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

• 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/