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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/