I want to employ someone but don’t know where to start

If you are thinking of expanding and taking on more staff here ?is a checklist of ten major issues you should address before taking the plunge;

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  1. Employers are data processors.? That means, apart from a few exceptions, you will need to register with the Information Commissioner’s Office (ICO) and pay a small fee – between £40 – 60 for small and medium sized organisations. Large organisations pay a much higher fee. More information is available from the ICO website -? www.ico.org.uk
  2. Register with HMRC as an employer for running a PAYE scheme https://www.gov.uk/register-employer - you must do this even if you will be your company’s only employee.
  3. Appoint someone to run your payroll for you, or find some appropriate software.
  4. Pensions – auto-enrolment applies to every employer.? Most employees will need to be enrolled, although they can opt out.? The Pensions Regulator has? a useful website which tells you more - https://www.thepensionsregulator.gov.uk/en/employers/setting-up-a-business-what-to-do-for-automatic-enrolment
  5. Set out the terms of the relationship in a written statement of the main terms of employment ?(a “s.1 statement”) or a contract of employment. A s.1 statement must be given to the employee no later than? the beginning of the employment. A s.1 statement is a fairly basic document.? The prudent employer will want to give all its staff a contract of employment which both incorporates the s.1 information ?and also deals with other issues such as data protection, confidentiality, company property, and restrictive covenants amongst other things.
  6. An employee handbook is also an essential resource for an employer. It will be the “bible” ?which sets out the way the company works and will include non-contractual policies on discipline and grievance, IT and social media usage, equality and diversity, anti-bribery and many other issues relevant to the smooth running of the business. A well drafted employee handbook can be an invaluable tool if a dispute arises with an employee.
  7. Have a fair recruitment process. Don’t discriminate when searching for someone to work for you. https://www.gov.uk/employer-preventing-discrimination/recruitment?step-by-step-nav=47bcdf4c-9df9-48ff-b1ad-2381ca819464
  8. Establish that the employee has the right to work in the UK - https://www.gov.uk/check-job-applicant-right-to-work?step-by-step-nav=47bcdf4c-9df9-48ff-b1ad-2381ca819464
  9. If recruiting a senior person or someone in a very competitive field, eg sales, check that they are not subject to? any restrictive covenants which might potentially prevent them from working for you for a period of time after they leave their old job. Always ask to see the relevant section of their last employment contract.
  10. Carry out health and safety in the workplace assessments to ensure a safe working environment for your new recruit.? That can include, depending on the type of business concerned, ?a wide variety of different assessments eg ensuring workstations and display screens are correctly set up, ?to the safe use of hazardous substances.? Obtain employers liability insurance with a minimum indemnity limit of £5mn and form an authorised insurer. There are stiff penalties for failing to comply – potentially a fine of up to £2,500 for every day you are not insured. https://www.gov.uk/employers-liability-insurance?step-by-step-nav=dc77c606-cc6b-49ac-9f40-b96959d02539

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If you need more help please get in contact with me.

Sharon Montgomery

Family Solicitor resolving issues for separating couples

10 个月

A really useful post for any employer.

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