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Welcome to my occasional burst of enthusiasm on the tiresome topic of employment law, best practices and how to avoid all the issues that befuddle when you're trying to employ people. As usual, these are my views, and appropriate advice should be sought to fit your specific circumstances. I am not liable if you don't do this.
April 2004
Topical this month:
New entrants to the EU - what it means to you. You may have received a pack from the Home office detailing what you need to do in taking on a new employee from the enlarged EU. Copy of passport is the preferred proof that the person has status as a resident of an EU country and hopefully a stamp therein denoting their right to work here.
But - you also have to do this when taking on a British person - we don't want any accusation however wrong, of discrimination, so you DO have to take a copy of some sort of ID. It will help with the money laundering issues too.
Holidays
Untaken leave is the employee's problem - you cannot force them to take the time off, but you must allow it if asked, subject to reasonable notice of course. Put it in the contract, along with when the holiday year starts and how many days leave they get . Part timers get pro rata - 15 hours work equals 60 hours paid holiday a year, because everyone is entitled to 4 weeks.
You do not have to pay employees for unpaid holiday! Or carry it over to next year.
Discrimination in applications
Some folk are making multiple job application using different names, just so they can show discrimination. There was a case in the paper a while ago about a man who has made a huge amount of money out of this, but has yet to do much work! Simple way around it - get every application to include a passport photo. Also this way you can tell from the photo if the applicant is likely to fall into a group that could be discriminated against. If they can't be bothered with the photo, should you be bothering anyway?
Gross misconduct
Hopefully, you will never have to dismiss someone for gross misconduct. but if you do, get them off the premises instantly. Don't ask them to finish what they are doing first - that says that you are effectively affirming the behaviour, which will make their dismissal unfair. You get sued!
In almost all cases, you will want to conduct an investigation before dismissal anyway. So suspend the employee, and get the investigation done and dusted in 2/3 days. Suspend with pay I'm afraid!
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