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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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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
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.
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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 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.
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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 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.
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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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