Whether your thinking of employing a painter or work in peoples houses, its important to no the Law.If your employing a painter?
What checks would you do?
Apart from giving a statement ,would you give a written contact or verbal?
When times are lean what would you do?
How would you deal with poor performance?
Do you understand fair disciplinary procedures?
Working in customers houses, what’s expected of you?
How do you deal with payment problems?
Not sure on customers?
Look forward to your contributions
Hi folks do you have Business legal expense insurance, or pay a retainer fee to a solicitor firm?Most business expence insurance have a helpline, downloadable documents, and wealth of info,and have a panel of solicitors they recommend, if you decide to use your own, there will be a cap on costs. Also
before taking on a case, they would look at the case to see if there’s a good chance of winning. The other option, use a solicitor who specializes in your area, of work.
Next section, apart from given a written statement of employment particulurs,would you give a written contract or verbal contract? We mustn’t forget we cant take away peoples rights but only add to them. If you want to change a contract, you will have to enter into meaningful consultation, unless there’s a clause in the contract.
Next, when your business is loosing money what do you do, its creating a weight on your mind your thinking ahead, you don’t wont to lay off, so part time hours could be an option, but you need there agreement if there employed. What options, do you have? Lean times can be a good time for pruning,but if you make someone redundant you cant reemploy someone in that position for three months.More to follow soon, pressing business need getting rid of old contract ,giving them a new contract.
1 putting good effort into consultation
2 looking at alternatives
3 good business reason
4 putting them on notice.
For an employer its all about the wait and see approach.For new employers its good practise,to check to make sure, staff your thinking of employing,havent been through the tribunals. We will also talk about crb checks,whats needed also something important not all employment problems go through a tribunal, some county court and risks attached to that, and tribunals.
First part employer
Most small business who employ people, pay a retainer fee to a specialist legal firm, these company’s will employ advocates,
people who are specialists in there field, with good success rates in tribunals/ county courts
Most will also have legal expense insurance.
Part two employee
Self fund,or possible legal expense.
Most legal expense insurance only take on the case if there over a 50 percent chance of wining,and you would have to use there panel of solictors,or be caped on how much they will pay if you use your own.
Not all employment problems go to a tribunal, some county courts, example breach of contract change of hours ,unless the job has ended.Most employers will be represented, by a barrister, someone who can do flying somersaults, the employee, representing themselves, or, lot less experienced solictor,or legal executive. It is sort of the rolls v the mini.
More to follow
How deep are your employees pockets
Making financial enquires in there ability to pay.
Worth bearing in mind for county court, a specialist barrister, could work on between four to eight hundred pound an hour.
More to follow
Early conciliation, there to solve employment disputes.Anyone failing to try conciliation wont be popular.
Cant claim costs against your employee if you win, in most cases
They cant enforce, tribunal awards.
You can appeal, and challenge a area of law.
its wise if your planning, to sack someone you follow fair disciplinary procedures failure to do this would increase an award by 25 percent.so get good documentation in place.
Will update soon
Next part coming soon
Check Employment tribunal register
Check they have the right to work in uk
Check to make sure they have not had any disciplinary against them, this you might be able to find out from there previous manager.
In my oppion this is a tricky one, for example if your a private painter just doing houses, you could request a basic crib check.
This would show, any convictions unspent. Myself you need to understand law and criminal justice,because,i think the system, lets us all down. In my oppion,its well meant but needs to get some teeth. For example someone could go to court and walkaway, with no record at all, for say something like theft, if they could prove exceptional circumstances they could get an absolute discharge. So using that as an example, your basic crb check nothing would show.
As above you have seen example i have given, where the 1974 rehabition act, helps give someone a second chance, but hides information, from future employers. Now lets talk about step down, this is where, some offence wont even show on an enhanced crb check, this came about in 2013,and was called filtering.More to follow
This is for certain offences, the slate will be wiped complete clean or good as.Simple terms they will still have a record, for a hundred years but would be hidden. Its worth bearing in mind it takes a long time to get to that stage. Everyone deserves a fresh start, and some of theses may be the potential ones for the future.
Next part fair disciplinary procedures
Steps before disciplinary
Stiff talking to
Bring them in for a recorded conversation
Performance reviews/lets set some targets
More to follow
You have offered them extra training
You have given them a reasonable amount of time
What would be reasonable? I would say three weeks.
There still no improvement, what do you do? There are other ways, but theses take longer and time consuming.
Getting rid of staff, takes time, if they have been with you up to six months you don’t need to give any reason
Will update soon
Just to mention, before we move on, there can be many reasons, why you have got to get rid of staff. Poor timekeeping, bad attitude ,poor sales just to name a few.
Any good manager will tell you they like to no what’s going on, measuring performance, can be done in many ways. Employers have the right to no what there staff are doing,employes have the right to not be unfairly dismissed.
Employment tribunals will want to see, you done everything by the book.My advice to a small painting firm,get yourself a good influencer, someone who can keep an eye on things when your not there. Make sure you do lots of vetting, with staff.
In most cases a manager will have respect the other side of the table, not all. Giving a verbal warning goes on file, a employee can ask you to revoke a verbal warning.
More to follow
Verbal warnings are pointless unless you have a witness. Recorded conversations are better as you have a paper track of your concerns extra.
Next part/performance issues
improvement plan, theses can last up to six months, now your building a paper trail, theses meetings normally will take place weekly, you will have to demonstrate you have tried supporting and given someone a fair chance. The best way is to avoid this by taking new staff on six months probation, which you can extend, three months if needed.More to follow
Whether performance reviews/improvement plans disciplinary all go on your work record for six months or more. Its not something you want,especally if you need a reference.