Tuesday, 18 January 2011

The main legal obligations for recruiting new employees.

Employees who are employed for one month or more are entitled to receive a written statement of particulars of employment. This must be provided no later than two months after the employee starts work. An employer can choose to provide the particulars in instalments over the two-month period rather than all at once. However, whichever method is chosen, certain details must be provided together in a single document known as the “principal statement”, commonly referred to as the “employment contract”.

Your new employee should provide you with a P45 from their previous employer. If they are unable to provide this then they should complete a P46 form. Either of these forms should be submitted online to HM Revenue and Customs, to let them know that you are deducting PAYE tax and National Insurance contributions from your employee.

In addition, in order to prevent illegal working, employers must check that their employees are eligible to work in the UK by checking and retaining copies of certain appropriate documents. Employers who hire illegal workers could face a maximum fine of £10,000 for each illegal worker found at a business.

Finally, the Health and Safety at Work Act 1974 imposes a duty on every employer of five or more people to prepare, as necessary, and bring to the notice of the employees a written statement of the general policy with respect to health and safety at work. This statement must include three areas; the general policy, the organisation to back it up and the arrangements to carry it out.

If you need help with drafting the employment contract or your health and safety policy, or you would like these documents reviewed to ensure you are legally compliant, please contact us.

Tuesday, 4 January 2011

HJS People supports the Governments review on Health and Safety

We have all read horror stories of accidents in the workplace causing misery to the victim, and untold cost to the employer. Some 6 million working days were lost in the UK last year because of accidents, and it is essential that organisations receive effective advice when attempting to look after the health & safety of their employees.

Unfortunately, there are those still practicing as unqualified consultants who are giving advice which may be incorrect or even illegal, resulting in the promotion of dangerous practices within the workplace. The government has finally decided to do something about it.

In a speech made in June last year, the Prime Minister asked Lord Young to undertake a review of the operation of health and safety laws, and the growth of the compensation culture.

Amongst his recommendations was that ‘There should be a requirement that all health and safety consultants should be accredited to professional bodies.’

As a result, an Occupational Safety Consultants Register is to go live this month with details of health & safety consultants who meet “...the highest qualification standard of recognised professional bodies, and who are bound by a professional code of conduct that require them to only give advice that is sensible and proportionate.”

hjs People applauds this initiative, and is happy to confirm that its own health & safety consultants have applied to join the Register, thereby guaranteeing that our clients continue to receive sound, professional advice at a reasonable cost.

Charlotte Mellor
HR Consultant MCIPD

t: 023 8023 4222

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