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Employment Law

HR Team

ask MartinaHuman Resource Management can be time-consuming and costly for many employers. We have drawn up a list of frequently asked questions to help you clarify some points. 

Why do I need HR and employment law support? My business is only small.

Employment legislation apply to all companies regardless of the number of employees they have.

What is a contract of employment?

This is a document which must be issued to every employee clearly stating the terms and conditions upon which their employment is based.

I have never had any issues with my staff. Why do I need HR?

Unfortunately there is no guarantee that you will never have a staffing issue, regardless of how good relations are at present. Employees are people and, as such, can be unpredictable and emotional. With little or no warning, issues can escalate into more complex issues, consuming significant time and money to resolve. HR Team can help you to manage these issues compliantly, professionally and quickly.

What period of notice should be given in a contract?

Notice clauses should provide for a minimum period of notice at least equivalent to the statutory minimum period of notice.

Are all Employees entitled to annual leave, no matter how long they have been employed?

Employees begin to accrue annual leave immediately from day one. However, you as an employer can devise a robust annual leave policy to manage and control how annual leave is requested and taken; to ensure a standardized system and minimum disruption to your business.

Is a probationary period a legal requirement?

There is no legislation surrounding probationary periods. It is up to the employer to write the detail of this into terms and conditions of employment and a robust procedure within the employee handbook.

Are employers’ required to pay full sick pay?

No. In the UK and Northern Ireland, employers are required to pay Statutory Sick Pay. In the Republic of Ireland employers are not obliged to pay anything and the employee can be referred to the relevant Government Department.

How do I manage the performance of my staff?

Robust systems, procedures and metrics. What is not measured is not managed; and as such this will have an impact on your bottom line, because you will not be getting maximum effect from your staff. Robust terms and conditions, job descriptions for each role and SMART key performance indicators are an excellent start to measuring employee performance.

What is TUPE?

TUPE or a transfer of undertakings occurs where there is a transfer of a business or part of a business but where the identity remains the same after the transfer. This area of employment law is protected under EC (Protection of Employees on Transfer of Undertakings) Regulations 2003.

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