Although it’s not a statutory requirement for UK businesses to have a Human Resources department, there are still HR responsibilities that employers must adhere to. In the absence of a department, these duties fall to managers or business owners. Failure to meet necessary legal requirements can lead to fines, disputes and even employment tribunal claims. Therefore, it is crucial to ensure your business meets the necessary legal requirements.
Employment law essentials
It’s common for smaller businesses and startups to operate without HR departments and instead, have management handle these tasks. As an employer, there are obligations that you need to fulfil in order to be compliant. The following list are duties and documents that must be in place:
- Legally complaint contracts of employment drafted and issued to employees
- HR policies and procedures in place (including absence and disciplinary procedures)
- Onboarding, pension, payroll and statutory benefits must be managed
- Compliance with all necessary employment laws and regulations
- Employee privacy notice
- Fairly and lawfully dealt with disciplinary issues, grievances and terminations
- Staff handbook (this should include your workplace policies)
- Health and safety policy
Mandatory HR Policies
Disciplinary and Dismissal
Within your employment contracts, any processes or procedures for situations of misconduct or dismissal must be outlined. The policy should cover the process for disciplinary issues and adhere to the Acas Code of Practice.
Grievances
As an employer, you’re legally obligated to have a written grievance policy which details a formal process for employees to raise a complaint or concern. It should follow the Acas Code of Practice, ensuring employees are familiar with how to submit a grievance and how it will be handled.
Health and Safety
A written Health and Safety policy is required if you have five or more employees. The policy should be regularly reviewed and updated to ensure it remains in line with any changes to legal requirements or your working environment.
Recommended Policies
Equality, Diversity and Inclusion (ESI)
Employers have obligations to prevent discrimination under the Equality Act 2010. At minimum, including an equality and diversity policy in your staff handbook is strongly recommended. Legally, you must ensure you comply with equal pay legislation, do not discriminate against job applicants or employees regarding benefits, promotion and other workplace matters. Additionally, it’s crucial to prevent discrimination and harassment of staff where possible. Implementing employee training, having policies in place and setting good examples can all help this.
Managing Absence
Having clear absence policies will help you to manage them effectively, setting expectations with employees. It’s important to be consistent but fair, allowing for flexibility in the case of individual circumstances. Whether it’s a director or manager handling absences, correct training can ensure they deal with it appropriately. For example, how to apply your policies consistently across employees, when to be flexible and how to handle sensitive information.
Data Protection and Confidentiality
Under the Data Protection Act 2018 and the General Data Protection Regulation (GDPR) there are certain requirements for the management of personal data. Having a policy that covers data protection is vital in ensuring your organisation remains compliant with the law. This should include how your business collects, uses, stores and protects personal data. Having this in place builds trust with your employees and reduces the risk of future data breaches and any associated risks.
Premier Legal’s HR Support Services
At Premier Legal, we provide both adhoc HR services or a dedicated retainer service to suit your needs as an employer. Our adhoc services include the preparation and review of documentation, legal advice over phone and email, in-house HR training, outsourced HR for disciplinaries, grievances, dismissals and more. Alternatively, our retainer service includes ongoing expert support with any HR matters, as well as wider assistance with other things such as appraisals and interviewing. Additionally, we offer employment law training courses for employers which can equip you with the tools and knowledge to tackle your HR.
As specialist employment lawyers, we have the experience and skills to handle your HR needs. Contact us today for more information.
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Author
sarahrobinson@premier-legal.co.uk
Sarah Robinson is the Managing Partner and has specialised exclusively in employment law since qualifying as a solicitor in 1996.
Sarah has considerable experience of representing clients in many different industry sectors including insurance and financial services, corporate finance, technology, legal services, automotive, hotel and catering and media as well as the public sector.
Areas of particular interest include restrictive covenants, TUPE and advising in relation to discrimination.