Brilliant Checklists for Entrepreneurs, 3rd Edition

170 brilliant checklists for entrepreneurs

10 positive ways to deal with employment

legislation

Hiring someone is a big responsibility. You want to do the right thing,

but the amount of legislation you need to comply with is daunting. Here

are some things to consider to make sure you deal with the legal side of

employment objectively.

1 Balance – remember that despite common opinion, employment law is there to pro-

tect you as well as your employees. Many doubt this, but it is true.

2 Fairness – if you are always fair, open and honest with your employees, they’ll be far

less likely to invoke the letter of employment law in a damaging way. Treat people

badly and no amount of paperwork will give you the protection you need.

3 Problem people – there are people who make a career out of making claims against

their employers. This is a particular problem in the public sector. Take references

when hiring and hopefully you’ll avoid hiring problem people.

4 Common sense – most of the legislation you will encounter does little more than

underpin common sense. Use common sense and you won’t go too far wrong.

5 Don’t discriminate – it is illegal to use any selection criteria other than ability to do

the job. In fact, shortlist with an open mind and you’ll often be pleasantly surprised

at interview.

6 Delegate – you don’t have to deal with legislation yourself. Have a trusted team

member handle it for you, or outsource to a freelance HR professional.

7 Insurance – make sure you have the right insurances to protect you and your staff.

Remember that this also means their personal motor insurance if they make business

journeys in their own car.

8 Assess risk – make an objective assessment of the various risks your employees face.

Make sure you invest the most effort in protecting against the biggest risks.

9 Keep up to date – spend some time each year making sure you are still compliant.

Rules change and you want to avoid getting caught out.

10 Get help – if you find yourself with an employment law problem, get professional

help. Delay or DIY can both make the problem worse, not better.

Build a team: recruit and manage people 171

Employment contract

This is the agreement that exists between you as an employer and your

employees. It does not have to be in writing although ideally it will be. As

a minimum, you have to provide a written statement setting out the main

points within the first two months of employment.

There are plenty of places online where you can find sample employment

contracts. Many are complex and cover every possible eventuality. In a small

business, the contract is usually contained within the letter that offers the job.

When you take on your first employee it’s worth getting an employment

lawyer or HR specialist to write you an employment contract that meets the

needs of your business. This means it can be most specific about what’s most

important to you.

brilliant

example

Elaine Pennell, Commercial Hub HR, www.commercial-hub.co.uk

Elaine started her business in 2007 when she realised that too many small

businesses only take HR seriously when confronted with an employment tribunal

hearing. As she explained, ‘When you get to tribunal the damage is already

done. Not only have you got a very aggrieved employee but everyone else is

probably feeling unsettled too.’

Elaine’s company provides her clients with the kind of professional HR

support they need, as and when they need it, so that they can avoid making

costly mistakes.