Practical employment law information to support your business, from Clover HR

Recruitment and employment contracts

Establishing a successful recruitment process and clear written employment contracts for new employees can have a major impact on your business.

Pay and pensions

Every business needs to be aware of its obligations under minimum wage and equal pay laws, as well as recent pensions auto-enrolment changes.

Working time: hours, leave, flexible working

You must comply with legal restrictions on employees' working hours and time off, or risk claims, enforcement action and even prosecution.

Employment policies

The right employment policies are an essential part of effective staff management. Make sure any policy is clear and well communicated to employees.

Sickness and sick pay

While sick employees need to be treated fairly, you need to ensure that 'sickness' is not being used as cover for unauthorised absence.

Maternity, paternity and adoption

Most pregnant employees are entitled to maternity leave and maternity pay, while new fathers are entitled to paternity leave and paternity pay.

Discrimination

As well as undermining morale, illegal discrimination can lead to workplace grievances. Employee discrimination is covered by the Equality Act 2010.

Managing home workers, remote workers, lone workers

Home, remote and lone workers are becoming increasingly commonplace. Key issues include communication and how to manage and motivate people remotely.

Information and consultation

The right approach to consulting with and providing information to your employees can improve employee motivation and performance.

Discipline and grievance

Disciplinary and grievance issues can be a major burden to employers. Putting in place and following the right procedures is essential.

Dismissals and redundancies

Following the right dismissal and redundancy procedures helps protect your business and minimise the risk of a legal dispute at tribunal.

Employment tribunals

Employment tribunal claims are a worrying prospect for any employer. A tribunal case is a no-win situation – even if the claim is unjustified.

Holding a disciplinary hearing - checklist

Not sure how to go about holding a fair and lawful disciplinary hearing when an employee has breached workplace rules? Follow our step-by-step guide.

Gather the facts - the allegation, evidence, and the employee's past record.
Try to resolve the issue informally first. If this does not work, raise the matter formally without delay.
Inform the employee in writing, explaining the reason for the hearing and when it will take place; allow the employee at least three working days' notice to prepare a case.
Arrange for any witnesses, or evidence you or the employee wants to present at the hearing, to be available.
Inform the employee that they have the right to bring a colleague (or union representative) to the hearing.
Review your procedures and make sure they are fair and transparent and are in accordance with the Acas Code of Practice.
Prepare yourself to be calm and open-minded throughout the hearing; be ready to adjourn the hearing if tempers become frayed.
Begin the hearing by explaining what will happen; set and keep to an agenda to maintain control of the hearing.
Present the case against the employee.
Allow time for a response and consider the case from the other side.
Clarify any mitigating circumstances: for example, if the employee was unaware of the rules, or if similar behaviour is widespread.
Encourage suggestions to help overcome the problem.
Summarise the discussion and adjourn to make any further investigations necessary and to reach a decision.
Consider how serious the offence is, what action it merits and any steps which could be taken to improve the situation.
Inform the employee of your decision as soon as possible in writing; issue and explain any warning.
Explain that the employee has the right to appeal; if possible any appeal should be heard by someone senior who has not been involved in the initial hearing.
Throughout, keep a detailed written record; ask the employee to sign any improvement plan, and emphasise the consequences of further offences.
If you cannot reach an agreement, consider using an independent third party to help resolve the matter.