Employing staff What you need to know......

Topics for today Employment options TUPE Secondment Employing a worker Self employed staff Recruiting and managing staff

Employment options Employing a worker/s - employee/s Using a self employed worker/s Employing a contractor (refer to Managing a Contract learning session) Seconding staff from the landlord Need to consider whether TUPE is likely to apply

TUPE -What is it? Transfer of Undertaking – Protection of Employment Regulations 2006 Aim is to protect employees when there is a change of service provider If task being transferred represents the largest part of one person’s job then they will be transferred to the new provider Employees transfer on current terms and conditions of employment including pay

Secondment Person is still employed by the landlord but reports to the residents group No change to employee’s terms and conditions - so not much scope to change the way work is delivered Landlord continues to pay salary Only landlord can hire or fire As salary is paid by landlord – unlikely to be much scope to pay to residents group

Self employed worker/s You must decide on the correct employment status of someone who works for you - you cannot take their word for it If you get it wrong, you may be penalised financially Depends on: Contract of service = employee Contract for services = usually self employed If not sure get advice from HMRC

Recruiting staff – good practice Understanding your obligations – training, landlord help? Clear job description – what is required Clear person specification – who is required – Skills, knowledge, experience Simple, transparent recruitment procedure Advertising the job Application form Short listing/Interviews (consistent scoring) Do not discriminate on grounds of protected characteristics Keeping records

Employing staff 6 steps – you need to: 1.Decide on salary (see minimum/living wage) and days/hours of work 2.Check if employee has legal right to work 3.DBS check (was CRB) if necessary 4.Get employers liability insurance 5.Send written statement of employment particulars to employee 6.Tell HMRC by registering as a new employer

Managing staff Provide some basic facilities A system for monitoring attendance Who will act as line manager – Cannot have several managers Monitoring performance and discussing problems Arranging training such as health and safety Dealing with disputes - disciplinary and grievance

Know the law Minimum wage (aim for living wage) Minimum annual leave per year Maximum no. of working hours per week Contract of employment Unfair dismissal and Notice period Maternity leave and flexible working Discrimination Workplace pensions

Getting help Your Landlord ACAS help for small firms – a series of step by step guides – Free templates such as model contract, policies etc – Free helpline on – Training days for those new to employment –