Presenter – Clive Dobbin, a member of the management committee of the Employment Lawyers Association, and is the representative of the Employment Lawyers Association on the council of the Law Society of England and Wales, will be presenting on: “Employing your first employees - what you need to know” Paris Smith LLP is one of the largest regional law firms in Central Southern England, based in landmark offices in Southampton. Here Clive is the head of the employment department, and he specialises in all aspects of employment law. He has a particular expertise in advising on issues concerning the Transfer of Undertakings (Protection of Employment) Regulations ( "TUPE"), the employment issues arising from buying and selling businesses, the exit of senior employees (including advising on the share issues arising from such exits) together with advising on employment tribunal claims.

1. My top 5 tips when recruiting an employee
By Clive Dobbin
Partner
Paris Smith LLP

2. 1st Tip Right to work in the UK
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Ensure the employee has the right to work in the UK?
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Relevant checks before the employment begins
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List A
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List B
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Keep a copy/record of those checks

3. Why is this important?
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Liability
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Civil penalty
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negligence
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up to £20,000 per employee
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Criminal offence
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actual knowledge
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Unlimited fine and/or imprisonment up to 2 years

4. 2nd Tip Contract of Employment
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Prepare a written contract of employment for the employee’s first day
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Statement of Particulars
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Start date - Sickness
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Job Title - Termination
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Place of Work - Disciplinary & Grievance
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Salary - Pension
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Hours - Collective Agreement
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Holidays
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Must be provided within 2 months of the start date

5. Why is this important?
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A complaint to the Employment Tribunal
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a declaration can be issued
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A complaint + a substantive claim (i.e. Unfair dismissal and ‘piggy back’ the contract complaint)
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Compensation
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2 or 4 weeks’ pay subject to statutory cap
(currently £464)

6. Why is this important?
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Also include:-
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Confidentiality obligations
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Intellectual Property
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Restrictive covenants

7. 3rd Tip Staff Handbook/Policies
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Staff Handbook
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Disciplinary & Grievance procedure (inclusive of the ACAS Code of Practice)
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Equal Opportunities
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Health & Safety
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Additional recommended policies
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Absence Management
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Bribery
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IT/Social Media
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Expenses

8. Why is this important?
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Mainly non-contractual terms/guidance
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Set expectations over and above the statutory minimums
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Failure to follow the procedures
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Breach of a policy
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lead to a disciplinary sanction for failure to obey lawful orders
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Breach of the statutory minimums
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ACAS Codes of Practice - compensation +/- up to 25%

9. 4th Tip A probationary clause/period
“The first [NUMBER] month[s] of your employment shall be a probationary period and your employment may be terminated during this period at any time on one week's prior notice.
We may, at our discretion, extend your probationary period. During your probationary period your performance and suitability for continued employment will be monitored. Your probationary period will continue until you have been informed in writing that you have successfully completed your probationary period”.

10. Why is this important?
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Reminds employer and employee that performance will be managed during initial period
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Reduces financial exposure on the employer if things don’t work out
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For example, the contract states 3 months’ notice, but 1 week’s notice required within the probationary period.

11. 5th Tip A Structured Induction
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Pulling all the information together
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The induction should consist of:
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Signing the contract of employment
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Copy of the staff handbook
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P60 obtained (correct tax code etc.)
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Emergency contact details/medical concerns
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Health & Safety training (fire exits etc.)
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Explanation of the probationary period
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Attendance on any training courses

12. Why is this important?
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Gives a good impression
•Ensures documents which need to be signed are signed
•Accurate audit trail

13. Paris Smith Human Resources

14. Paris Smith Human Resources is the innovative web service which helps you manage all your HR documentation and processes online, and which includes:
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Managers’ Toolkit - Key resources, guides and template letters for routine employment matters
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Contracts & Policies - Storage of contracts and policies, and creation of individual contracts
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HR Manager - Personnel files and absence management
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Regular updates and newsletters

15. Any Questions