As a member of the NFU Employment Service, you have access to expert employment law advice and guidance, enabling your business to become and remain compliant with employment legislation.
Our members can spend less time dealing with employment related matters and more time managing their business.
Our Legal Helpline gives you unlimited legal support through our team of Employment Specialists, ranging from advice on recruitment to redundancy.
Below you can find a few popular topics on which we advise our members.
Simply click on a link for further information.
We understand that recruiting the right employee based on the skills, experience and attitude required by your business is crucial and you want to get it right. When recruiting new staff some key legal areas to be mindful of include:
Equality Act 2010 – it is important that those involved in the recruitment process are aware of the rules on discrimination and how to avoid it. Did you know that a candidate could make a claim under the legislation for discrimination even as a non-employee.
Illegal Employment – ensure that those you are recruiting have the right to live and work in the UK and have the necessary paperwork to prove this. There are significant fines for those that employ illegal workers.
Status – are you sure that the person you are employing is genuinely an employee or genuinely self-employed? Remember both the courts and HMRC will look beyond the ‘status label’ you impose and will look at the reality of the relationship.
How can NFU Employment Service help your business with recruitment:
By law, employers are required to issue employees with a written statement of particulars of employment on or before day 1 of employment. The legislation sets out that certain terms must be included in such a document such as holiday entitlement and place of work.
Many employers want to agree to further additional terms such as a probationary period and the requirement to hold a valid driving licence. Failure to issue such a document could result in a financial award being made to the employee.
How can NFU Employment Service help your business with contracts:
Paying staff correctly is very important, not only from the point of complying with minimum wage rules but also from an employee perspective. Pay queries vary from finding out the minimum pay rates, what deductions are permissible and what you can do when you overpay an employee.
Do you know what you are able to deduct from an employee’s pay where accommodation is provided to an employee?
How can NFU Employment Service help your business with paying staff in line with the law:
All wokers are entitled to paid holiday regardless of the number of hours or days per week they work. As a minimum all workers must receive at least 5.6 weeks of paid holiday a year.
Ensuring your workers exercise this right is also a consideration that businesses should take account in terms of health and safety – all workers are required to have a break from work.
Calculating holiday entitlement for part-time workers, casual workers and workers with a varying work pattern is not always straightforward.
How can NFU Employment Service help your business with Holiday Entitlement matter:
Most businesses from time-to-time will have to deal with employee absences due to sickness, be it the odd days to frequent short term absence to more prolonged long term sickness and illness.
Dealing with staff absence can be dealt with informally or more formally depending on the circumstances. Often, short term sickness absences can be dealt with internally with consultation meetings, return to work meetings and Fit Note guidance from the GP. In longer term sickness absence a more formal doctor’s report may be required as well as consideration for reasonable adjustments in line with duties under the Equality Act 2010.
How can NFU Employment Service help your business with Sickness Absence:
Discrimination in the workplace is a very serious matter. Did you know that if your business is faced with a discrimination claim, you could face an uncapped fine.
Not only is it costly from a financial perspective, it can also have very serious reputational issues for a business too.
There are nine protected characteristics under the legislation.
It is against the law to discriminate against anyone because of:
In the ever-evolving modern world, the government continue to try and balance the rules to ensure a work-life balance.
Parents have a variety of rights and protections and Employers need to be aware of the rules and procedures.
The current array of family friendly legislation entitles eligible parents to the following:
A dismissal occurs when an employer terminates the employee's contract. An employee must be given at least the notice stated in their contract or the statutory minimum notice period, whichever is longer. There are some situations where an employee can be dismissed without notice - e.g. for a gross misconduct offence.
If an employee has at least two years continuous service, they have the right to challenge the decision and claim unfair dismissal. In order to defend a claim, an employer would have to a) have a fair reason for dismissal and b) follow a fair procedure.
Below are five fair reasons an employer can dismiss an employee for: