Temporary, zero hours and probation - HR and employment law in education conference 2015, Vicky Berry
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Temporary, zero hours and probation - HR and employment law in education conference 2015, Vicky Berry
- 1. Do’s and don’ts Vicky Berry - HR Consultant HR and employment conference for school leaders 2015 Temporary, zero hours contracts and probation periods #BJHR15
- 2. Zero hours contracts Fixed term contracts Probation periods
- 4. secondment agency term time only permanent fixed term annualised hours apprentice temporary we shall focus on zero hours rolling minimum hours casual part time full time job share .
- 5. What do we mean? • zero hours / casual contract • fixed term contract / temporary.
- 6. Worker or employee? Employee; • a contract • work must be done by that person • mutuality • control • other terms consistent with employment. It’s the reality of the relationship that determines whether someone is a worker or an employee
- 8. What is a zero hours contract? • a contract for casual working • employer does not guarantee to provide work • worker is expected to be available for work if needed • worker is paid for the actual work that is done.
- 9. Wise words ‘Life is like a box of chocolates. You never know what you're gonna get’
- 10. Zero hours Four key areas for concern • exclusivity clauses • lack of transparency • uncertainty of earnings • balance of power.
- 11. Coming soon… • Small Business, Enterprise and Employment Bill 2014-2015 (SBEEB) • will prohibit exclusivity clauses.
- 12. To use or not to use? • who uses casual staff? • what types of role do you use them for? • do you use zero hours contracts? • do you expect the worker to accept the work you offer?
- 13. Getting it wrong
- 14. Getting it right
- 15. Do’s and don’ts Do • use them where there is a genuine need for a casual arrangement • be clear with workers that they can turn work down • review the arrangements regularly. Don’t • use exclusivity clauses • leave people on them for years and years • assume that they can be ended without notice • allow a mutuality of obligation to become established.
- 17. What are they? • contracts for employment that are for limited periods of time • end could be specified in the contract or be triggered by a specified event.
- 18. Uses • maternity cover • sickness absence cover • cover for other types of employee absence • specific external funding which may not be renewed (SEN) • possibility or restructuring or redundancy in the near future • special project • need for a particular post is not clear so trial period is used before committing to a permanent position.
- 19. Successive use Fixed term employees who have been continuously employed for: • two years have the right to not be unfairly dismissed and will be entitled to a redundancy payment if made redundant • four years are deemed to be permanent employees.
- 20. Ending the contract End date is; a. specified in contract b. triggered by a particular event c. earlier than specified date d. due to redundancy. If contract is not renewed this is a dismissal.
- 21. Ending a fixed term contract Capability Conduct Redundancy Statutory restriction Some other substantial reason
- 22. Saying goodbye “So long, farewell, auf Wiedersehen, goodbye”
- 23. What does a fair process look like? invite meeting decision appealcontract reason in writing right to be accompanied employee can present information make decision after listening confirm in writing give correct notice heard by a different person (people)
- 24. Risks • unfair dismissal • breach of contract • discrimination • redundancy pay.
- 25. Dos and don’ts Do • think carefully at the outset when drafting the contract: • why is it a fixed term? • what is the notice period? • if you are renewing it, consider why and confirm in writing. Don’t • let contracts drift • use a fixed term contract if the need is a permanent one • assume that the contract can just expire.
- 27. What is it? A period at the start of an employment relationship during which the employee is assessed by their employer and following which time they are notified as to whether their appointment will be made permanent.
- 28. What do I need? • contract • procedure • review process.
- 29. Things to consider • length of probation • reviewer • frequency of reviews • standards and expectations • information that you will use to assess.
- 30. Things to consider • performance in role • conduct, behaviour and attitude • attendance.
- 31. Keeping the employee informed • make sure employee knows that job is subject to probation • make sure you have communicated your expectations • ensure that employee knows what the process is • provide regular feedback during the probation period • keep records of meetings and provide copies to employee.
- 32. Confirm, extend or end? The purpose of the probation period is to assess suitability for the role. At some point you will need to decide whether to: 1. confirm employment 2. extend the probation period 3. end employment.
- 33. Confirm, extend or end? Jeremy has been employed by you for three months as an Attendance Officer. He has had experience in a previous school. Jeremy is very enthusiastic, but does not carry out his role in the way you would like him to. He doesn’t follow the systems that are in place in the school and his colleagues have complained that this is causing problems. To date Jeremy has made little impact on improving the attendance figures. In addition he is often late for work and has had two weeks absence already. You are due to review his probation, how would you approach this and would you confirm, extend or end?
- 34. Absence during probation This could be due to: • sickness • disability • maternity or adoption leave. Consider each case on its facts. Don’t automatically regard the attendance as unsatisfactory Consider an extension to the probation period.
- 35. Dos and don’ts Do • use probation periods • have relevant clause in the contract • give regular and constructive feedback • ensure that you make a decision before the end of the period • extend if necessary. Don’t • let period expire without a decision • allow periods to extend over two years.
- 37. Talk to us… Vicky Berry | 0115 976 6285 vicky.berry@brownejacobson.com Please note The information contained in these notes is based on the position at October 2015. It does, of course, only represent a summary of the subject matter covered and is not intended to be a substitute for detailed advice. If you would like to discuss any of the matters covered in further detail, our team would be happy to do so. © Browne Jacobson LLP 2015. Browne Jacobson LLP is a limited liability partnership.