Where to start when employing people

By DRN Solicitors

14 Feb 2018

Employing people for the first time can be an exciting time for your business. There are, however, a range of considerations that need your attention, and certain legal requirements that you need to adhere to.

Here we will address the key steps that you need to take…

Job description

First and foremost, you need to write a job description. This should detail all the key tasks you will be expecting the employee to carry out. It should detail the experience and attributes that you are looking for in your new employee, and detail the package they will get in return. Include details of how to apply and what an applicant should provide with their application, such as a CV.

If you already have found your new employee, it is still prudent to provide them with a full job description, so that expectations are clear from the outset.

Wages

It is at your discretion whether to include the wage structure in the job description. However, you will need to decide in advance what you intend to pay your new employee. You need to make sure that you pay at least the National Minimum Wage. Contact us for more information regarding the National Minimum Wage. The rules vary, depending on the type of the employment and the employee’s personal status.

Check the employee’s status

You need to make sure that all employees have the legal right to work in the UK.

Background check

In addition to checking the employee has the right to work, you may also want to do a DBS check, formerly a CRB check, to ensure that your new employee doesn’t have a criminal past. This might be particularly appropriate if the work involves dealing with vulnerable people or dealing with sensitive affairs.

Insurance

You will need to get employers liability insurance as soon as you employ someone. Cover should be for at least £5m and be provided by an authorised insurer.

Contract of employment

A written statement of employment is needed for all employees that are to be contracted for one month or more.

We recommend that you provide every employee with a formal written contract of employment to protect the interests of your business. The employee will also know exactly what is expected of them. The contract should detail: employment conditions rights responsibilities duties Your contracts need to be drawn up in line with employment law, and equally, they need to protect your business against rogue employees.

We can draft your employment contracts for you, protecting your business against potential fines, loss of reputation, and a lot of unwanted hassle and expense. Contact our Employment Law Team today on 01282 433 241 to get started.

Register as an employer

You will need to register your business as an employer with HMRC. This must be done before the first pay day and can take a few weeks, so it is important to do this quickly. However, you are unable to register more than two months before you first pay an employee.

Therefore, we would advise that you set yourself a reminder to notify HMRC at the right time for your business.

Pensions

Under new government rules, you may have to automatically enrol your employees into a workplace pension. You can read the government guidelines to identify whether you need to do this or not here: www.gov.uk/workplace-pensions-employers

Further advice

At DRN, our Employment Law Team have a wealth of experience in helping growing businesses get to grips with employment law. We can help you to get the right processes in place to protect your business, both legally and financially, when you start employing people. Call the team today on 01282 433 241 and make your future an abundant one.

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