Clients
Employment Law Outlook for 2008
Client Testimonials
Interview Forms
Age Legislation
“Working Time” Regulations
National Minimum Wage
Your new Employee
Out with the OLD
Register Your Vacancy with Big Fish Recruitment
Register Your Vacancy with Big Fish Recruitment
Whatever your requirement BIG FISH have highly experienced consultants dedicated to your requirements.
Client Specific Advertising Campaigns
Contingency Search
Search and Selection
Research
Managed Agency Services
Please fill in the form below to submit your vacancy or call 0845 06 02 999
“Quick note to say how pleased we are with your services. Your staff were always polite, courteous and helpful. The position that Brian filled has, historically, been very difficult to fill. You found the perfect candidate within a few short weeks, Very Impressive”
HR manager, Engineering Company
“ What a joy it has been to work with a company that is not only professional, but understood exactly what our needs were. We will of course be using your services in the future and recommending you to our clients.”
MD, IT solutions company
“Unlike many agencies, I have not been subjected to dozens of cv’s proposing to be “suitable candidates”. You take time to understand what we are looking for, You have provided no more than 4 cv’s for each position, and pre-vet these making your own recommendations. This has proved invaluable; I have consistently been impressed by your business approach”
Partner, Accountancy practice
“Candidates have been to an excellent standard and perfectly matched. Their professionalism, advice and commitment have been invaluable. Bigfish excel in their field because they CARE”
HR Manager, Hygiene company
“A huge thank you, your staff were extremely friendly and efficient dealing with us throughout. We are extremely pleased with how well Michael has fitted in to our team.
We particularly like the way you pre-interview all candidates.”
MD, Web development and design.
“They work hard and provide an excellent level of service. We do not get inundated with unsuitable people”
Personnel Manager, Specialised engineering company.
“Bigfish have recruited staff vital to the development and expansion of my company.
Candidates are always appropriately matched; their unique screening process saves me time.”
MD, Software provider.
“Very swiftly, Big Fish came up with a shortlist of candidates, which I interviewed.
Extremely professional, experienced and never fazed.”
Director, Sign manufacturer.
“No other agency comes close. Candidates are always appropriately matched to the job and the screening process saves me time and money”
MD, Telecoms
Employment Law outlook for 2008
2007 was a busy year in terms of new and amended employment legislation. Below are outlined some of the major legislative developments currently expected in Great Britain 2008.
1st Febuary 2008
Annual increase in Tribunal awards
29th February 2008
Implementation of sections of the immigration, Asylum and Nationality act 2006, which provide for easier prosecution of employers employing illegal workers.
1st April 2008
Expected implementation of amendments to the "Conduct of Employment Agencies and Employment Businesses Recomendations 2003", to increase the level of protection afforded to vunerable agency workers.
6th April 2008
Changes to national insurance thresholds, rates of sick pay and stsutory maternity/adoption/paternity pay.
Implementation of the information and consultation directive for employers with 50 or more emloyees. These regulations currently only cover companies with 100 or more employees.
1st October 2008
National minimum wage - rate increases (subject to confirmation).
Business should be aware of age discrimination legislation coming into force in 2006. The legislation seeks to remove ageist attitudes and remove a critical barrier to older job seekers finding suitable employment.
The new legislation may create a flood of claims for the uninitiated and create widespread employment changes. A recent judgment against an employer who used the words “enthusiastic” and “innovative” in their job advertisement means employers need to be increasingly careful about what terms they use to attract potential employees. Similarly, specifying periods of experience may indirectly discriminate against younger workers.
The new age discrimination laws will not simply be about removing the age box from application forms when recruiting. Employers will even have to reconsider their graduate recruitment and other management programmes.
Overall a company’s commitment to age diversity should not be altruistic, but based on sound business practice and making sure you recruit the right person for the job.
Download our Interview Forms and create a record of all interviews
Employers need to be aware of their obligations regarding employee hours and annual leave entitlements following the introduction of the EC “Working Time Regulations”.
Paid Annual Leave
All workers, whether temporary or permanent, are entitled to 4 weeks paid annual leave. Leave may be taken at any time, subject to providing reasonable notice to their employer. Annual leave days are accrued as of the first day of employment, or from the first day of working through a recruitment agency in the case of temporary workers.
As part of our service, Big Fish Recruitment has already included the holiday pay allowance as part of the temporary workers’ hourly rate which is charged to employers.
48 Hour Limit on Working Week
Generally, workers are not permitted to work for more than 48 hours per week. An exception may be made where employees agree in writing to work additional hours, or where the number of hours worked across 17 weeks averages 48 hours.
For example, if in a two week booking an employee opts to work 50 hours in the first week, and 46 hours in the second week, employment arrangements still fall within the permissible boundaries of the regulations. However, if the employee works 50 hours per week for the two weeks, and the assignment is terminated, this contravenes the 48 hour per week limit. Quite simply, if the employee has not agreed in writing to work these hours, this is a clear breach of the regulations.
Should any temporary employees agree to work over the 48 hour week, the employee must send a written confirmation to Big Fish Recruitment that he/she has given their consent to work additional hours.
Rest Breaks
All employees are entitled to rest breaks away from their work station during their working day. If employees are aged between 15 to 18 years of age, they are entitled to 30 minutes break during a 6 hour working day. For older employees, rest breaks should be for at least 20 minutes during a 6 hour day. These rest breaks do not need to be paid.
In addition to daily breaks, employees are required to have at least 11 hours rest in a 24 hour period, or 12 hours if they are between the ages of 15 – 18.
Within the working week, employees are required to have at least 1 complete day of rest, and 2 days rest per fortnight, or 2 days per week for younger employees.
Night Work
Night work is understood to be any work performed for at least 3 hours between 11pm and 6am. Employees engaged for night duties should not work for more than 8 hours during a 24 hour period. Workers may opt to do additional hours if the average hours worked across a 17 week period is 8 hours. The exception to this rule is where there is heavy, mental or physical strain involved – under such circumstances employees are limited to working 8 hours in a 24 hour period.
The national minimum wage applies to nearly all workers and sets hourly rates below which pay must not be allowed to fall. It helps business by ensuring companies will be able to compete on the basis of quality of the goods and services they provide and not on low prices based predominantly on low rates of pay. The rates set are based on the recommendations of the independent Low Pay Commission.
The National Minimum Wage increased again in October 2007
The minimum wage is a legal right which covers almost all workers above compulsory school leaving age. There are different minimum wage rates for different groups of workers as follows:
• The main rate for workers aged 22 and over is currently set at £5.52 an hour.
• The development rate for 18-21 year olds is currently set at £4.60 an hour.
• The development rate for 16-17 years olds. This rate is £3.40 an hour.
It is important to note that these new rates only apply to pay reference periods beginning on or after the date they came into law. From 1 October 2007 , the Employment Equality (Age) regulations will abolish the Older Workers Development Rate and remove the age limit on the apprenticeship exemption.
Setting the right impression on the first day of work is just as important for an organisation as it is for a new employee. The higher cost of recruitment and training new staff members means that getting it right the first time will not only be more cost effective, but more time effective as well. The sooner your new employee settles into the role, the sooner your company will be able to concentrate on making their investment pay off.
To welcome your newest staff member, you should concentrate on making the transition as smooth as possible, and pre-plan
their first few days on the job.
As a guide, you should concentrate on arranging someone to greet them at a pre-arranged time, and conduct a tour of the company. A brief introduction on health and safety issues, and company policies should also be included. Finally, they should be introduced to their team and manager.
Prior to the start date, their manager should also be briefed on what is to be covered in the introductory session. It is generally their responsibility to conduct a brief meeting to outline additional company information, and information about the employment package if this has not already been discussed. Information about performance reviews and probationary periods should also be outlined in this discussion.
Employment termination, dismissal, discipline and grievance
Employers must use proper employment termination and dismissal procedures to ensure that the process of leaving for the employee is fair, compassionate, professional and legally correct. Organisations are liable to dispute and potentially severe penalties if employment termination is for whatever reason not handled properly. This guide does not deal with the detail of employment law, which varies internationally and over time. Below is a general and global guide to good practice, within which you as an employer or manager should refer to and apply relevant detailed procedures for your own given situation.
Employment termination general guide
Employment termination by the employer normally falls into one of these categories: redundancy, misconduct, or poor performance (which may be due to various reasons, often not the fault of the employee). The central principles (not the process detail) for dealing with all of these situations are broadly similar.
Here are the three essential rules for proper employment termination:
• Ensure you understand and apply the correct legal procedure for your situation. The process doesn't necessarily begin with the termination interview or letter, it can be deemed (by a subsequent tribunal, court, review body or process, for example assessing an unfair dismissal or discrimination claim) to have begun as early as when the employee was first recruited into the organisation.
If employment termination is due to redundancy check with the relevant government department for employment as to the proper procedures and statutory requirements relating to pay and notice periods, etc. Liaise as necessary with trades unions and other interested bodies to understand all of the facts, options and procedures. In the UK from October 2004 there is a mandatory process for the dismissal of employees, which is an example of best practice for other regions of the world in the absence of specific legislation:
1. Give reasons for the proposed dismissal to the employee in writing and give the employee a reasonable period during which to consider the facts and his/her response.
2. Hold a meeting with the employee to explain the reasons and give employee the opportunity to explain his/her position.
3. After the meeting give the employee the employer's decision in writing (whether to proceed with the dismissal or other action), and invite employee to make an appeal and attend an appeal meeting.
4. After the appeal meeting the employer must confirm the appeal decision in writing.
5. A manager of proper authority must attend meetings, and meetings must be at reasonable times and venues, also the employer must not delay unreasonably any of the stages in this process.
• Concentrate on the facts of the situation, and the clear quantifiable measurements to support these facts. Ensure there is clear indisputable evidence for the facts and figures. This requires good record-keeping to be an essential part of the process, and therefore to also be a part of the management practice of the organisation.
• Be fair and compassionate. Even in situations involving gross misconduct - remember you are dealing with another human-being who has their own problems, probably now made all the worse because their employment is being terminated. They don't need you to start being vindictive, vengeful or spiteful and nor will any subsequent review process look kindly on any aspects of personally directed behaviour in the employer's handing of the situation.
These principles are also a good guide for terminating other forms of supply contracts. Suppliers come in all shapes and sizes and the separation between the rights of full employee and those of certain other contracted workers, agents, distributors, etc., is not as distinct as many people think. Sales agents, for example in Europe especially, have extremely strong rights when it comes to termination of contracts and agreements. Franchisees of all sorts, agency staff, and tenants with tied retail agreements with breweries, are among other worker-supplier groups whose rights have significant implications for 'employers' when terminating contracts and agreements. Always check the law and follow proper process. The consequences for employers and organizations for failing apply correct process when terminating employment or similar contracts are increasingly serious.
As a matter of philosophy - always try to part as friends, not enemies. Nothing is gained by alienating people who already see themselves as victims; negative treatment can prompt them to be vengeful, which does nobody any good at all. Also by keeping employment termination and dismissal letters positive you avoid risk of libel or defamation, which carry potential legal liabilities for the employer, irrespective of the circumstances and process of the dismissal itself.
