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.