What Do You Need To Tell Them?
The Employment Rights Act 1996 sets out what has commonly become known as the ‘contract of employment’. However, this contract is strictly a statement and so not legally binding.
The contract of employment can be more than a statement but can include offers made and accepted in the job advert, verbally during interviews and everything contained in a job offer letter.
This statement has to be issues between one and two months of employment. It is usually issued in two parts, but for most companies, issuing it all together is simpler. For some issues, the statement can refer to information in an employee handbook. Other information includes the name and address of your employee, their job title, salary/wage, interval paid, date of start, disciplinary rules, procedures and authority.
Disciplinary rules, procedures and authority should be explained in full. This is the type of thing that is usually in a staff handbook.
The staff handbook also usually contains information regarding health and safety, equal opportunities etc. New staff in particular should be aware of the equal opportunities policy. This policy must be enforces and any breaches of it reviewed.
What Must They Make Sure They Tell You?
It can help you a lot as an employer to make sure your employees are fully aware of the terms and conditions of their employment with you. This way everyone is aware of where they stand, there is more control and if the terms and conditions are met, if ever put through an Employment Tribunal, you are almost guaranteed success.
Employers must also make sure that their employees can legally work for them. You should check they have the right to work under asylum and immigration rules etc. If someone wishes to work for you, they will therefore have to provide you with the relevant information regarding this, but the chances are, you will first have to ask for it.
Some roles mean that your employee has to have a certain qualification – for example doctors. Those in the care and financial services industries are also subject to a ‘fitness to work’ test regarding children, vulnerable adults, financial property and the Criminal Records Bureau, and any other government department rules insist on strict compliance relating to suitability.
Other than the above information, an employer can ask for whatever information they deem necessary relating to the role they are employing for. However, if you ask a question suck as ‘why did you leave your last place of employment?’ and your candidate refuses to answer, you may want to err on the side of caution and not employ that person, or at least delve into the matter further if you think the candidate is otherwise perfect for the role you are recruiting for.
What Do You Think?
Any other advice you want to share? Questions you want to ask others? We would love to know your thoughts and opinions. Leave your comments here.
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