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ICG Conference 22nd November 2006

Contents. Recruitment 1.1 Key Issues1.2 Recruiting a Foreign National ? Sally BirdEmployment contracts2.1 Contracts of Employment2.2 Policies and Procedures2.3 Statutory Procedure2.4 Focus on Suspension - Sally BirdAgency Workers ? Fiona ChadwickIssues arising on sale or disp

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ICG Conference 22nd November 2006

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    1. ICG Conference 22nd November 2006 Key Employment issues for care business owners Sally Bird – Partner and Head of Employment Fiona Chadwick –Employment Solicitor

    2. Contents Recruitment 1.1 Key Issues 1.2 Recruiting a Foreign National – Sally Bird Employment contracts 2.1 Contracts of Employment 2.2 Policies and Procedures 2.3 Statutory Procedure 2.4 Focus on Suspension - Sally Bird Agency Workers – Fiona Chadwick Issues arising on sale or disposal – Fiona Chadwick Age Discrimination – Fiona Chadwick

    3. Recruitment Key issues Recruiting a foreign national

    4. Key Issues (1) Avoidance of risks and ensuring the employment relationship starts on the right footing. Discrimination against job applicants Strands of discrimination Forms of discrimination in the recruitment process

    5. Key Issues (1) cont… Advertising the role Job Description/person specification Advertisements Application Forms Data Protection Interview process and feedback * PAPER TRAIL

    6. Key Issues (2) Pre-employment checks References Medical examinations Criminal Records Bureau The Safeguarding Vulnerable Groups Bill Care Industry Requirements

    7. Recruiting a Foreign National Key Points Who does not require a Work Permit to work in the UK New joiners to the EEA – the Worker Registration Scheme The Work Permit Scheme Who makes the application Type of work permit Requirements Procedure

    8. The Employment Relationship – Key Issues Contracts of Employment Policies and Procedures – the bare minimum Equal Opportunities Monitoring and Surveillance Whistleblowing The Statutory Procedures – Discipline and Grievance Focus on suspension

    9. Fiona Chadwick Employment Solicitor

    10. Who is the Employer? Length of assignment Day to day control Implied contract

    11. Implications for end users Unfair dismissal Redundancy consultation and payments Maternity rights Tax liability Information and consultation rights Immigration offences

    12. Practical Steps Reduce day to day control of temps Minimise integration Reduce duration of assignments Indemnity from Employment Business/Agency Adopt policy of employing long term temps

    13. Issues on Sale or Acquisition of a Business

    14. Structure of the Business Limited Company Unincorporated Business

    15. Type of Transaction Sale/Purchase of Shares Asset Sale/Purchase Transfer of Undertakings (Protection of Employment) Regulations 2006 Automatic transfer principle

    16. Due Diligence Gather know how Identify risks Informed Valuation of the business Decide whether to proceed

    17. Record Keeping Contracts of Employment Employee List

    18. TUPE 2006 Employee Liability information

    19. Implications Warranties Indemnities Price Chip

    20. Age Discrimination

    21. Employment Equality (Age) Regulations 2006 Right not to be treated less favourably on grounds of Age National Default Retirement Age Six months retirement notice/Right to request working beyond retirement

    22. Types of Discrimination Direct Discrimination Treating Employee A less favourably than Employee B on grounds of Age Indirect Discrimination Applying a provision, criterion or practice which puts persons of one age group at a particular disadvantage when compared with other persons A proportionate means of achieving a legitimate aim

    23. Recruitment Job advertisements Application Forms Interviews

    24. Terms and Conditions Service Related Benefits National Minimum Wage Redundancy Payments

    25. Harassment Where on grounds of age A engages in unwanted conduct which has the purpose or effect of violating B’s dignity or creating an intimidating, hostile, degrading, humiliating or offence environment for B. No justification

    26. Termination of Employment Dismissal will be fair if: By reason of Retirement; and The “Planned Retirement” procedure is followed

    27. Planned Retirement Procedure 6-12 months notice of retirement and retirement date sent to Employee Employee notified of right to request working beyond retirement Ensure dismissal takes effect on intended date Ensure employee aged 65 (or over if you have a higher normal retirement age)

    28. Right to request working beyond Retirement Age If the Employee requests working beyond retirement Employer must hold a meeting to consider it and provide a written decision No reason for decision required

    29. Right to request working beyond Retirement Age Employee has right of appeal

    30. Conclusion The Future

    31. If you don’t keep up with the law you could find yourself visiting this place

    32. Kuit Steinart Levy 3 St Mary’s Parsonage Manchester M3 2RD Tel: 0161 832 3434 Fax: 0161 832 6650 www.kuits.com sallybird@kuits.com fionachadwick@kuits.com

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