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Call us today for a free consultation on 0161 478 3800

Home
About Us
Employment Law
HR Services
News
Contact

Law & HR, done differently.

Contact Peach Law today.

Join the hundreds of businesses that trust Peach for their unrivalled legal and HR services. Contact us for a free consultation today.

Call 0161 478 3800

Email [email protected]

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Landmark House, Station Road, Cheadle Hulme, Stockport, SK8 7BS

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Landmark House, Station Road, Cheadle Hulme, Stockport, SK8 7BS

Call | 0161 478 3800

Email | [email protected]

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Number of employees

Do all your employees have a contract of employment?*
- Yes
- No
Section 1 of the Employment Rights Act 1996 (“ERA”) used to require all employees, within 8 weeks of starting work for you, to have written statement of terms & conditions. However, from 1 April 2020, the legislation has changed to implement a more onerous time frame on employers to issue written statement of particulars from day one. Failure to comply with Section 1 ERA 1996 can result employee(s) receiving 2 to 4 weeks’ pay by way of compensation if they submit a claim to the Employment Tribunal. Come and speak to us to find out how it can affect you!

Do you have a written disciplinary and grievance procedure?*
- Yes
- No
Firstly, employers are obliged by statute to provide written information about its disciplinary rules and procedures. Failure to do this will result in you being in breach of Section 1 ERA 1996. Also having a disciplinary policy and procedure in place expressly sets out what is acceptable conduct in the workplace and what happens to those employees who breach that conduct.

Do you carry out right to work checks of potential employees to ensure they are permitted to work in the UK?*
- Yes
- No
Failure to do so and you being found to be employing someone who does not have permission to work in the UK could result in you being issued with a fine of up to £20,000 per illegal worker alongside other punitive measures. Peach Law can help – contact us to understand how we can support your business and implement measures and controls to ensure Right to Work checks are undertaken.

Do you have clear procedures on sickness absence?*
- Yes
- No
The Office for National Statistics reported that in 2017 the average number of days lost was 5.6 days per year 4.1 days. Failing to have effective procedures in place can result in unfair dismissal claims. This could also become even more costly if the employee is deemed disabled as per the definition contained within the Equality Act 2010. Do you know how much this could cost your business? Speak to us about having the appropriate strategies in place to reduce this time.

Do you have a staff handbook?*
- Yes
- No
A staff handbook is a fundamental document which should contain statutory policies such as Statutory Maternity, Paternity, Adoption and Shared Parental leave policies. In addition to statutory policies it should set out appropriate behaviour, expectations and standards so that employees are fully aware of them. From an employee engagement perspective a Staff Handbook is a key “go to” guide to understanding the Company’s rules, procedures and its values. Without these important policies and procedures, businesses will find it more challenging to manage people in a fair and consistent way, opening themselves up to potential Employment Tribunal claims.

Do you have job descriptions for all the roles in your business?*
- Yes
- No
Employers should draw up written job descriptions as recommended by The Equality and Human Rights Commission (“EHRC”). Doing so will not only focus the employer's mind on the skills and experience required for the role but by documenting those requirements, the employer also demonstrates its objective approach to recruitment (not influenced by any unlawfully discriminatory considerations). The creation of a job description is fundamental in avoiding claims that it unlawfully discriminates against people because of a protected characteristic. Peach Law can help ensure your job descriptions comply with the EHRC requirements.

Do you have a clear procedure for dealing with poor performance?*
- Yes
- No
Poor performance costs businesses in both time and money. Nipping poor performance in the bud and having a framework and procedure in place will enable a business to manage issues efficiently. Employers must show reasonableness and that a fair procedure has been followed. In the context of dismissal for capability reasons, the Tribunal will want to be satisfied the employer can clearly demonstrate it communicated the requirements of the role to the employee and, where applicable, has provided necessary training and support.

Do your contracts of employment contain a probationary period clause?*
- Yes
- No
A probationary period is the period at the start of an employment relationship during which the employee is assessed by their employer and following which time they are notified as to whether their appointment will be made permanent. The scope and terms of any probation period are governed by an individual’s contract of employment, but it will typically last three or six months and may involve either formal or informal assessments. Employees may not be entitled to all of the contractual benefits during the probationary period. Probationary periods do not affect an employee's statutory rights.

Do you have a robust induction and onboarding process in place?*
- Yes
- No
A well-planned induction settles a new employee into the business more efficiently and effectively. Do they have the resources to carry out their job? Do they know who to go to if they have any questions? It isn’t just about the first day. Without a robust process in place, businesses are more likely to see an increase in staff turnover, performance issues and poor productivity. A costly outcome!

Are your line managers trained in managing people?*
- Yes
- No
If your line managers are not trained in managing people how do you know they are managing effectively? How do you know that they are not leaving issues to fester? Does this leave you open to poor management issues and grievances in the workplace? Do they know their obligations in disciplinary and grievance processes? How your managers manage employees is key to avoiding claims for constructive unfair dismissal.