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Employing staff . What you need to know. Topics for today. Employment options TUPE Secondment Employing a worker Self employed staff Recruiting and managing staff. Employment options. Employing a worker/s - employee/s Using a self employed worker/s

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Employing staff

Employing staff

What you need to know......

Topics for today
Topics for today

  • Employment options

  • TUPE

  • Secondment

  • Employing a worker

  • Self employed staff

  • Recruiting and managing staff

Employment options
Employment options

  • Employing a worker/s - employee/s

  • Using a self employed worker/s

  • Employing a contractor (refer to Managing a Contract learning session)

  • Seconding staff from the landlord

  • Need to consider whether TUPE is likely to apply

Tupe what is it
TUPE -What is it?

  • Transfer of Undertaking – Protection of Employment Regulations 2006

  • Aim is to protect employees when there is a change of service provider

  • If task being transferred represents the largest part of one person’s job then they will be transferred to the new provider

  • Employees transfer on current terms and conditions of employment including pay


  • Person is still employed by the landlord but reports to the residents group

  • No change to employee’s terms and conditions - so not much scope to change the way work is delivered

  • Landlord continues to pay salary

  • Only landlord can hire or fire

  • As salary is paid by landlord – unlikely to be much scope to pay to residents group

Self employed worker s
Self employed worker/s

  • You must decide on the correct employment status of someone who works for you - you cannot take their word for it

  • If you get it wrong , you may be penalised financially

  • Depends on:

    • Contract of service = employee

    • Contract for services = usually self employed

  • If not sure get advice from HMRC

Recruiting staff good practice
Recruiting staff – good practice

  • Understanding your obligations – training, landlord help?

  • Clear job description – what is required

  • Clear person specification – who is required

    • Skills, knowledge, experience

  • Simple, transparent recruitment procedure

  • Advertising the job

  • Application form

  • Short listing/Interviews (consistent scoring)

  • Do not discriminate on grounds of protected characteristics

  • Keeping records

Employing staff 6 steps you need to
Employing staff 6 steps – you need to:

  • Decide on salary (see minimum/living wage) and days/hours of work

  • Check if employee has legal right to work

  • DBS check (was CRB) if necessary

  • Get employers liability insurance

  • Send written statement of employment particulars to employee

  • Tell HMRC by registering as a new employer

Managing staff
Managing staff

  • Provide some basic facilities

  • A system for monitoring attendance

  • Who will act as line manager

    • Cannot have several managers

  • Monitoring performance and discussing problems

  • Arranging training such as health and safety

  • Dealing with disputes - disciplinary and grievance

Know the law
Know the law

  • Minimum wage (aim for living wage)

  • Minimum annual leave per year

  • Maximum no. of working hours per week

  • Contract of employment

  • Unfair dismissal and Notice period

  • Maternity leave and flexible working

  • Discrimination

  • Workplace pensions

Getting help
Getting help

  • Your Landlord

  • ACAS help for small firms

    • a series of step by step guides

    • Free templates such as model contract, policies etc

    • Free helpline  on 08457 474 747

    • Training days for those new to employment

    • http://www.acas.org.uk/