Your team members are a vital part of your business so it’s important to establish positive working relationships. Understanding the basics of HR (human resources) and employment law can keep everyone involved protected and happy. From holiday pay to disciplinary issues and dismissals, employment law underpins how you navigate hiring and managing your team legally and ethically.
However, employment law and HR issues can be sensitive and nuanced. Our guide is here to walk you through the legal essentials and our experienced HR and employment law consultants are on hand to support you and your team, no matter what industry you’re in. Read on for insights on the fundamentals of employment law for HR and feel free to get in touch with the Hay & Kilner team for more support.
Whether you have a small team or an expansive one, every employee has legal rights — governed by employment law. On the contrary, as an employer, you also have rights. By recognising the entitlements and rights of employees and employers, you can manage expectations and create a healthy and productive work environment.
When businesses don’t adhere to employment law, they run the risk of financial and reputational damage. And when employees defy these laws, they may face disciplinary action or dismissal.
So, what does employment law cover? There are several key areas to be aware of.
Recruitment law is itself a substantial subject. From criminal record checks and ensuring the individual has the right to work in the UK to data protection, there are regulations that both employers and employees must abide by.
It’s also essential to provide any new workers with clear and comprehensive employment contracts that cover pay, hours of work, holiday entitlement, sick pay, notice periods, and job duties.
If you are unsure how compliant and effective your contracts are, we can provide an in-depth review of your current clauses and update them to ensure they protect both you and your employees. Contact us to learn more.
Another important area of HR and employment law covers discrimination, both within the recruitment process and in the workplace. The Equality Act 2010 prohibits discrimination based on protected characteristics such as age, disability, gender reassignment, race, religion or belief, sex, and sexual orientation.
All parties involved must adhere to the working hours, leave, and pay set out in the employee’s contract. There are certain legislations that employers need to follow, too. For example, working hours regulations state that an employee must not work more than 48 hours a week on average.
Employees are also entitled to minimum wage and equal pay, regardless of gender.
No matter your industry, you have a legal obligation to provide a safe working environment for your employees under the Health and Safety at Work Act 1974. You’ll also need to conduct relevant risk assessments and take appropriate measures to mitigate any risks in the workplace.
TUPE transfers are usually relevant when an entire business or part of a business is sold or transferred. However, you may also need TUPE advice if there are changes to your service provision — for instance if you previously outsourced work to contractors but want to bring that service back in-house.
When navigating TUPE, it’s important to protect all employees’ rights by following legislation.
Dismissing employees or handling redundancies can be tricky. It’s vital that employers do all they can to manage the situation ethically and in line with employment law regulations.
You must have a valid reason for dismissing an employee or you could face accusations of unfair dismissal. This could lead to disputes, potential tribunals, and hefty payouts.
Redundancies also come with legal stipulations, such as ensuring the right amount of redundancy pay for employees who have worked with you for a certain amount of time.
If a grievance is raised, or you need to take disciplinary action, you must follow certain steps, including a thorough investigation and a grievance or disciplinary meeting. Those involved have the right to confidentiality, fair representation, and impartiality.
Any issues raised must also be handled in line with the Acas Code of Practice.
It’s not unusual for the government to make amendments to employment legislation. In April 2024, for example, several employment laws changed, with more changes to come into play later in the year. The April 2024 updates included changes to carer’s leave, with employees now entitled to take one week of unpaid leave a year for caring duties, and more protection for pregnant employees facing redundancy.
By keeping up with the latest HR and employment law updates, you can make sure you amend your business policies so you remain compliant at all times. When you work with Hay & Kilner, you can benefit from regular review meetings to help ensure your HR strategy is in line with the latest employment legislation.
As well as keeping your business up to date with employment law changes, working with dedicated HR law consultants like Hay & Kilner can provide you with impartial expert advice.
We pride ourselves on offering support in all areas of HR and employment law, from equality and diversity matters to redundancies, restructuring, and whistle-blowing.
We also offer HR Showcase, a fixed-fee employment law training service suitable for businesses of all sizes. Covering areas including how to deal with disciplinary procedures and performance management, HR showcase can help you strengthen your HR policies and reduce risk in the workplace.
To discover more about our training on HR issues and employment law issues, get in touch with the Hay & Kilner team.
Whether you’re looking for advice on contract clauses, need support in dealing with disciplinaries, or want to train your team, Hay & Kilner’s dedicated legal specialists are equipped with up-to-date employment law knowledge to support your business.
Learn more about our HR and employment law services and contact us to see how we can help your team.
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