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     20 May 2012
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Sample answers

Name of business: Kitchen Gadgets Ltd     Telephone: 01678 678123
Address: 36 Long Road, Chatwood, Stockport, AA1 1AA     Email: jsmith@gadgets.co.uk
Contact name: Jane Smith     Job title: Managing Director
No of employees: 93     Type of business: Manufacturing
Additional sites:    

Thank you for completing our on-line Risk Assessment. Our findings and recommendations are detailed in the report below.

Your Risk Assessment is divided into two sections: HR and employment law, and Health and Safety. The topics where you answered "no" to our questions are highlighted in red to enable you to quickly spot areas of immediate risk to your business.

We hope you find the assessment both useful and informative. We don't underestimate the difficulties in keeping up-to-date with legislative requirements: should you need any assistance with implementing any of the necessary actions, we would be delighted to help you.

Our website offers a full range of customisable policies and procedures, plus template letters and forms, step by step guides and legal overviews for managers on all of the topics below. Our advisory helpline will assist with pragmatic advice, tailored to your business to help you manage within the law. For full details of our services, see our website or call our helpline on 0870 162 4882.
 

Section one : HR and employment law
No. Topic Comments
1.1 Statement of terms & conditions/contracts of employment
1.1A Employees

All employees whose employment will last for one month or more must be given at least a statement of their main terms and conditions of employment. The only exceptions are where the employee works wholly or mainly outside Great Britain, but even these employees are entitled to a statement if they ordinarily work inside Great Britain and the work outside is for the same employer, or if the law which governs the contract is the law of England and Wales or Scotland. Independent contractors or freelance agents are not entitled to a statement.

The Employment Rights Act 1996 stipulates the essential minimum information which must be included in the statement, which must be provided within two months of the employee joining you. The statement will not necessarily cover every aspect of the contract but can provide important evidence of the main terms and conditions.

Failure to have an up-to-date, complete statement can lead to a financial award of 2-4 weeks' pay being given to an employee who successfully brings another claim to an employment tribunal.

1.1B Casual workers

We would recommend that casual workers are issued with an agreement which clearly states that the worker is not an employee whilst not working for you, and outlines the obligations on both parties.

Do still ensure that casual staff are not retained on a regular basis for any length of time, that no regular pattern of work is established and, where possible, that they turn down work from time to time - thus reinforcing the lack of "mutuality of obligation" which would enable them to claim they were effectively your employees.

1.1C Agency workers

It is advisable to guard against long-term relationships arising which may point towards an employment relationship: the longer the appointment, the more the job resembles one of employment, and the more you integrate the worker into your business, the greater your risk.

When using agency workers, do monitor the length of placements very carefully to reduce long-term placements and, where necessary, insist that temporary workers are replaced by the agency on a regular basis; do ensure that there is a written contract between the agency and the agency worker, spelling out who is the employer; and do be wary about integrating the worker into your business.

Note also that the Agency Workers Regulations 2010 are effective from 1 October 2011 (5 December in Northern Ireland). These give agency workers the same pay and basic terms as comparable permanent staff after they complete 12 weeks' service in the same job with the same hirer.

1.2 Hours of work
1.2A Breaks during the working day

Except for some exempted categories of worker, workers working more than 6 hours a day are entitled to a rest break of at least 20 minutes. this should be taken during the shift, not at the end or beginning of a shift.

The European Court of Justice has ruled that the UK government is breaking the law by not forcing employers to ensure their staff have their rest breaks; however it would seem that it is sufficient to schedule rest breaks and to stress to employees that they should take these. Do keep an eye on this and if you have employees who regularly fail to take a break during the working day, it would be worth encouraging them to do so.

1.2B Breaks between shifts

Except for some exempted categories of worker, workers must have at least 11 consecutive hours' rest in every 24 hour period during which they work.

You should now run the assessment Paid up members, or Pay as you go. if you have not done so.

 

 

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