How To Hire Staff
Sacking, Dismissal & Redundancy
Without employees' abilities, effort and talents, a business cannot function. Therefore recruiting staff must be carefully carried out in order to select the right person.
An unsuitable member of staff is analogous to a rotten tooth: they can compromise the function of the company and cause much pain and irritation, necessitating a difficult and often costly removal.
When deciding upon the appropriate method of hiring a new member of staff it is important to first define what constitutes a great employee.
For example, if the member of staff is to work closely with clients and cooperate with colleagues it is essential that the potential employee has good communication skills and works well with people.
When broaching such an important task it is advisable to select a confident and trusted member of staff to front the recruitment drive.
Each potential employee should be interviewed individually in order to gain a broad impression of their communication skills, relevant experience, and suitability.
The minimum legal period of notice for dismissed employees is dependent on the number of years of service:
+ If the employee has been employed for more than a month, but less than two years, they are entitled to at least one weeks notice.
+ If the employee has been employed for two years, they are entitled to at least two weeks notice.
+ If an employee has been employed for more than two years, but less than twelve years, they are entitled to at least one weeks notice for every year of continuous service.
+ If an employee has been employed for twelve or more years, they are entitled to at least twelve weeks notice.
If the employee’s contract states a different period of notice to the legal minimum, then whichever is the longest applies.
In cases of serious gross misconduct, it is usually legal to dismiss an employee without notice; however caution should always be taken, as this can leave you open to an unfair dismissal claim should the allegations against the employee prove false or not qualify as adequate grounds for dismissal.
Employees with more than a year’s continuous service have the right to receive a written statement of the reasons for their dismissal if requested.
The minimum notice period for redundant employees is the same as those for dismissed employees. However, in cases of collective redundancy, there are additional consultation periods that must be allowed for:
If a business makes, or proposes, more than 19 redundancies within a 90 day period, it is called a collective redundancy. (Although this situation is unlikely for small business, it does still occur.) In these cases you must contact and consult with appropriate employee representatives (e.g.: relevant union official) who may be affected, as well as notifying the Department of Trade and Industry of the proposed dismissals. Otherwise you could be open to unfair dismissal claims.
Consultation is legally required to start at least thirty days before any dismissals are made, unless there are one hundred or more redundancies, in which case the consultation should be at least ninety days before dismissals
When you employ someone - even if it is only one hour a week - they have certain rights under UK employment legislation.
+ They should be given written details of the terms of their employment within eight weeks of starting. They should be given time off in certain circumstances, such as maternity leave.
+ They should have continued employment if the business changes hands.
+ They should be allowed to join and take part in the activities of a trade union.
+ They should be given a set period of notice. If they have been employed for between a month and a year, this period is one week. After more than a year in your employment, they should be given one week for each completed year, up to a maximum of 12 weeks.
+ They should be given clear, written reasons for being dismissed and have the right not to be dismissed unfairly if they have been working for you for more than two years.
+ They should be given fair treatment on the grounds of race and gender.
+ They should be given redundancy pay if they are made redundant after two years in your employment.
+ They should be given an individual, detailed pay statement at the time they are paid, or before the time they are paid.
Avoiding staff theft
Last year the British Retail Consortium revealed that Retail stores lost as much as £1,305 million in 2019, this is thought to be around 22.1% of total shrinkage.. These figures might sound shockingly high. Stealing from within a business is often covered up and the blame placed on customers