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"Gillian asked us what we thought to be important in our company culture then, in keeping with current laws, developed contracts for our staff which gave both them and us proper and considerate protection. We don't have to worry about legal changes either; we have Gillian looking out for us so we can get on with our business."
Grahame Anderson, Director, Toltech Internet Solutions.
Q How many employees do I need to have before I have to provide contracts?
A Every employee is entitled to a written statement of particulars within 8 weeks of commencing employment. Even if you only have one member of staff, you are obliged to provide these details along with a written disciplinary and grievance procedure. Contracts of employment allow your business to set out all the ‘rules’ that are key to your business. They provide the framework within which you and your staff operate and, as such, are a vital tool in establishing the employment relationship.
Q I employ a number of part-time staff who work variable shifts each week. They have no guaranteed hours so surely I don’t have to pay them when they are on holiday?
A Part-time employees have the same rights as full time employees so, yes, you will have to pay the holiday pay that they are due. Holiday pay for part-time employees is calculated on a pro-rata basis on the average number of hours they have worked in the previous 12 weeks.
Q We are a small company where everyone is expected to ‘pitch in’ and do whatever needs to be done. What use would we have for role descriptions?
A Role Descriptions are a valuable tool for any business. They ensure everyone knows what is to be done, and by whom so that key tasks are assigned to individuals rather than being left to ‘someone’ to pick up, which may mean that they are overlooked or simply not done. Without Role Descriptions, it is very difficult to assess the performance of individual members of your team or to assess the responsibility level of jobs in order to determine appropriate salaries. Role Descriptions which have been designed specifically for your business will ensure that the flow of work is managed well and will allow for the flexibility you need to be embedded within your structure.
Q One of my team has been off work now for several weeks with a back problem. We are a small company and I really need someone who is reliable in that job. Can I terminate their employment on the grounds of their sickness record?
A No. If an employee has a medical certificate for an ongoing injury or illness, you could find yourself in difficulties if you simply terminated their employment for that reason. You should look at alternative work which they may be able to undertake, liaising with their GP or specialist as necessary. An Absence Policy will be helpful to you in managing sickness absence and this should be followed closely to minimise the risk of any claim under the DDA. SSP can sometimes be reclaimed if the total SSP you pay in any one month exceeds 13% of your Class 1 NI contributions. This can assist in freeing up funds for a temporary replacement.
Q One of my female employees keeps taking time off to look after her children who always seem to be suffering from some illness or another. She says she is entitled to this time off and that she is unable to make alternate arrangements for them to be cared for by someone else. Her absences are having a serious impact on others in the team and I am at my wits end. What can I do?
A Employees are entitled to ‘reasonable’ time off to care for dependants, although they have no right to be paid for this time off. If you believe that she is taking excessive time off work, you should have a meeting with her to explain your concerns and the impact her absence is having on the team. Explore options with her and ensure she understands that the time off is to be used for emergencies and that she has a responsibility to attend work regularly. Monitor and record all absences to ensure you have accurate records. Disciplinary action can be taken if you believe she is abusing the system, but this step should be taken with care to avoid claims of discrimination.
Q I have a small company employing 5 people. I want to bring in a Business Development Manager to help grow our business and create new sales opportunities. One of my current team does some of this work currently, but I don’t think she is experienced enough to do the job I have in mind. Do I have to offer her the new role?
A There are two issues here. If she is employed primarily to do business development work, then you would be significantly changing her role if you were to bring in a new person to take over these duties. In that case, she would have a right to follow her work and you would have to consult with her about any changes to her current role. If what you are proposing is that she continues to do the business development work which she currently undertakes and you want to bring in a more senior person to manage and drive this forward then the need to consult is reduced. In either case, it would be useful to have a chat with her in advance of doing anything to explain your thoughts and to ascertain her view. If she is doing some of the work already, she may have some useful insights which will help you to determine what new skills you need to buy in. Another possibility would be to offer her training and support to develop her skills in this area.
Q I recently took on a new employee who was outstanding at interview but who has failed to live up to expectations now that he is actually doing the job. He is slow and doesn’t pay attention to detail. I have provided training and a full induction into the role and from his previous experience I would have expected him to get up to speed much more quickly than he has. This is having a negative impact on the team and I’m not sure what I should do. He has only been with me for a couple of months.
A Interviews are never an exact science and the ideal candidate at interview is not always the ideal employee. Having a robust probationary review process will assist you in taking decisive and quick action. It is normal practice to have probationary (trial) periods during which the performance of the new employee is closely monitored, with the formal offer of employment conditional on satisfactory completion of the probationary period. Have a meeting with the new employee and explain that his performance is not meeting the standard you require. Set targets and monitor these closely. If he has not improved significantly by the end of his probationary period, do not make the formal offer of employment and give him the notice he is entitled to under your contract of employment. Start the recruitment process again and perhaps think about introducing practical tests as well as interviews into your selection process.
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