If I “only” employ a nanny, do I have to give her redundancy pay?
Yes! If you employ anyone, be it a receptionist, sales person or nanny means that you are immediately required to adhere to employment law. As is usual in law, blissful ignorance will not protect you! If the nanny has worked for you for more than two years, and you give her notice, then she is entitled to statutory redundancy pay, as any employee. Even if it is obvious that she will be leaving, i.e. because the children are going into full time education, she still has to be made redundant using the standard redundancy consultation process. If you don’t do this and just give notice, then your nanny, who was an intimate member of your family circle, could turn around and sue you for unfair dismissal (average award, according to Gibbons, £9000) after she has left your employ. So do it right!
Give Gap HR a call and we will walk you through all steps of the redundancy process, minimising your risk of a tribunal case. Call us on 01491 872767 now!
One of my employees has not returned his contract signed. What should I do?
This is not as serious as you may think. There is a concept in Employment law of “custom and practice” which overrides anything written. If you have changed someone’s terms and conditions of employment and they have not signed it, but also they have not protested in writing that they are not going to accept it, then under “custom and practice” after several months of working to the terms of the contract and taking the salary, they are deemed to have accepted the contract and any changes. They can’t turn around a year later and say that they are not going to accept it, because by then it is too late. This can also work the other way round of course. If you have something written in your contract, for example 30 minutes lunch break, and the custom and practice is actually 45 minutes, then if you try to enforce the 30 minutes, it will be seen as a change to their terms and conditions. Make sure that your contracts reflect the reality of working in your company rather than the theory! Ideally however the contract should be signed, for peace of mind, and this is what Gap HR does – we sit down with your employees, go through the contract and explain it to them, deal with any objections and get them to sign it.
I am thinking of employing an Australian. What do I need to be aware of?
Oddly enough, the Australians, although they are “just like us”, are actually one of the few nationalities we come across regularly which are NOT entitled automatically to work here. So for starters, ask to see their passport, which is where any valid visa will be. Many Australians come over on a working holiday visa, which means that they can be here for two years, but only work for a total of 12 months. If this is the visa they have, you then need to know how many of the 12 months they have already worked. The most urgent next question is “Is it worth employing them for such a short time?” And if you do employ them and they work out well, are you willing to help them with the visa application process?
When do I need to give a new employee a contract, and why?
Legally you have to give all new employees a contract within 2 months of them starting. On a purely practical level, it ensures that they know what is expected of them (hours of work) and what they are entitled to (holidays), which frees them up to concentrate on doing the actual work you hired them for. On a financial level, if an employee brings a claim – for example, discrimination or unfair dismissal – and is successful at tribunal, further compensation may be payable where the employer has failed to provide a written statement of particulars. The additional compensation will usually be two or four weeks’ pay so, to limit liability, make sure you issue written particulars and notify staff of any changes to their terms and conditions in writing.
If I have a notice period of one month for all employees, does that still apply after eight years service?
No, is the quick answer to that. After the first month it has to increase to one week on both sides. You can keep the notice period at one week for the first year, or after the probationary period increase it to one month, but the statutory notice periods will always override what has been written in the contract, unless it is a longer notice period. The statutory minimum is one week's notice for every full year worked up to 12 weeks notice (i.e. after 12 years). If you have agreed a longer notice period due to the seniority/importance of the role concerned, that will apply, as long as it remains longer than the statutory minimum. This is particularly important to bear in mind when making staff redundant.
One of my employees has resigned but now wants to take back his resignation. I’m not sure I want him to. What can I do?
The basic position is that the employee does not have the right to unilaterally withdraw their resignation once given. You can consider their request, and may allow them to retract, but you can also accept it and the employee has to deal with the consequences of their actions. However, if the resignation was made in the heat of the moment, then you should give the situation a couple of days to cool off and then make a final decision as to whether the employee really meant to resign or not. If you do not allow a cooling-off period and immediately accept a resignation made in the heat of the moment, then a tribunal may decide that the employee did not in fact resign, but was dismissed. This is only the case for spur of the moment resignations; normal resignations can be accepted immediately. If you are actually relieved that the employee has resigned, and it is no “heat of the moment” resignation, you are free to accept the resignation and breathe a sigh of relief.
Email us your question and it could get answered, free of charge, in the next newsletter! AvoidTheHassles@GapHR.co.uk.