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Sample answers
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Name of business:
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Kitchen Gadgets Ltd
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Telephone:
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01678 678123
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Address:
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36 Long Road,
Chatwood, Stockport, AA1 1AA
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Email:
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jsmith@gadgets.co.uk
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Contact name:
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Jane Smith
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Job title:
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Managing Director
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No of employees:
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93
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Type of business:
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Small Manufacturing
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Additional sites:
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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.
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Section one : HR and employment law
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| No.
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Topic
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Comments
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| 1.1 |
Statement of terms & conditions/contracts of employment
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| 1.1A |
Employees
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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.
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| 1.1B |
Casual workers
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We would recommend that casual workers are issued with an agreement which clearly
states that the worker is not an employee, and outlines the obligations on both parties.
Do still ensure however 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.
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| 1.1C |
Agency workers
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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 government plans to introduce legislation that will 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. This will come into force in October 2011.
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| 1.2 |
Hours of work
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| 1.2A |
Breaks during the working day
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Except for some exempted categories of worker, workers working more than 6 hours
a day are entitled to have a rest break of at least 20 minutes.
This should be taken during the shift, and not at the end or beginning of a shift.
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| 1.2B |
Breaks between shifts
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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.
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if you have not done so.
