Recruiting

job description

Eleanor Shakeshaft Accountants provides you with a:

• job description guidance note setting out the issues to consider when preparing a job description
• tailored job description

Once you have developed the job description it will help you in the other sessions in the recruitment section, including helping you to write a person specification, grade a job, prepare interview questions and evaluate a candidate against your criteria.

person specification

A person specification helps you describe the right person so you don't waste time and money recruiting the wrong one.

Firstly, Eleanor Shakeshaft Accountants will provide you with a:

• guidance note on determining the competencies that you feel are important to the job

Secondly, Eleanor Shakeshaft Accountants will professional will provide you with a:

• guidance note on preparing a person specification
• tailored person specification

Once you have produced the person specification it will help you in the other sessions in the recruitment section, including helping you write a job advert and evaluate a candidate against your criteria. A person specification will also provide evidence of why you have reached a decision on a particular applicant, which helps you prove that the decision to employ someone was based solely on the requirements of the job.

advertising

What happens if people don't read your job adverts? You will waste money paying agencies with no guarantee that you will get the right people through the door.

Firstly, Eleanor Shakeshaft Accountants provides you with a:

• guidance note setting out the issues to consider when drafting and placing an advert
• standard phrase list with phrases you could use in your advert to ensure you attract the right applicants for the vacancy
• checklist of issues to deal with when drafting and placing an advert

Secondly, Eleanor Shakeshaft Accountants helps you prepare a:

• job advertisement aimed at attracting the right candidates
  

application form

Did you know you could break the law just by sending out an application form? An effective application form can gather the information you need to employ the right person and prevent you tripping over anti-discrimination laws.

Before producing the application form, you will need to choose the competencies that you feel are important to do the job using Eleanor Shakeshaft Accountants's person specification section.

Eleanor Shakeshaft Accountants will provide you with:

• an application form to send out to potential applicants
• a procedure note setting out the steps to take to produce an application form and gather the right information from applicants
• an application selection form to determine which applicants to invite for interview
• an equal opportunities form
  

interviews

Do you know what questions to ask applicants to recruit the right staff? Do you also know which questions will break the law?

The interview is a major part of the recruitment process and will involve evaluating evidence about the capabilities of an applicant against the job description and person specification.

Before dealing with interviews, you will need to choose the competencies that you feel are important to do the job using Eleanor Shakeshaft Accountants's person specification section.

Eleanor Shakeshaft Accountants will help you prepare:

• an interview rating form to enable you to have an objective way of comparing applicants
• interview questions to enable you to question the applicant fully
• a guidance note setting out issues to consider when interviewing applicants
• including how to ask questions to get the fullest answer back from the applicant
• a procedure note setting out the steps to be followed to complete the interview process
• an interview summary sheet to allow you to note down your impressions of the applicant immediately after the interview to remind yourself later on
  

references

You should reassure yourself that the applicant is suitable by writing to their referees.

Eleanor Shakeshaft Accountants provides you with a:

• letter to the applicant's referee requesting a reference
• procedure note setting out the steps to take to obtain a reference
  

rejections

It's never easy telling someone that they haven't got a job. But doing so will avoid an awkward conversation if the applicant phones to see if they have the job.

Eleanor Shakeshaft Accountants will help you prepare a:

• rejection letter that does not contravene discrimination laws
• procedure note setting out the steps you should take when rejecting an applicant

Terms and Conditions

employed or self employed?

Do you know the legal classification for a self-employed worker? If you wrongly classify people you could owe HM Revenue & Customs tax and national insurance contributions.

Eleanor Shakeshaft Accountants will help you prepare a:

• report on the status of a worker
• letter to HM Revenue & Customs asking for confirmation about the status of a worker based on the report
• procedure note setting out the steps you should take when determining if a worker is employed or self-employed
  

working time

Working time regulation protects people from tiredness at work. If people work longer than a certain number of hours per week you will break the law.

Firstly Eleanor Shakeshaft Accountants will provide you with a:

• guide for workers explaining working time regulation
• procedure note setting out the steps you should take to comply with working time regulations
• health questionnaire for night workers (because special rules apply to them)

Secondly, Eleanor Shakeshaft Accountants will help you prepare an:

• opt out agreement allowing a worker to agree that certain elements of working time regulation will not apply to them
  

contracts

You are required by law to provide your staff with a written employment contract. This helps you and your staff understand their working arrangements and can protect you from damages if you have a dispute.

Use Eleanor Shakeshaft Accountants's self-employed section to determine whether or not the worker is employed or self-employed.

If the worker is employed Eleanor Shakeshaft Accountants will help you prepare:

• an employment contract setting out the terms of employment for the employee
• a file note recording the main terms of the contract for case of reference
• an employment offer letter to send to the employee
• a procedure note setting out the steps to follow when employing a new employee
• an optional health questionnaire to be completed by the employee
• an additional information form to collect certain administrative details from the employee

If the worker is self-employed Eleanor Shakeshaft Accountants will help you prepare:

• a consultancy agreement setting out the contractual terms between you and the consultant
• a procedure note setting out the steps you should take when engaging a consultant
• a letter to the consultant containing the offer of work

Directors

directors

It's a legal requirement to have a service agreement setting out certain terms and file forms with Companies House. This helps your directors understand their working arrangements and can protect you from damages if you have a dispute.

Eleanor Shakeshaft Accountants will help you prepare:

• a service agreement setting out the terms of employment of the director including any special terms to protect the business when the director leaves
• a companies house form 288a appointing the director
• a letter to registrar to file the form 288a
• a file note recording the main terms of the agreement for ease of reference
• an employment offer letter to send to the director
• a board resolution consenting to the appointment of the director
• a procedure note setting out the steps to follow when appointing a new director
• an optional health questionnaire to be completed by the director
• the director biographical form to collect details of all directorships held in the last 5 years
• an additional directorships form
  

company secretary

It's a legal requirement to file forms with Companies House and, assuming the company secretary is an employee, to have an employment contract setting out certain terms. This helps your company secretary understand their working arrangements and can protect you if you have a dispute.

Eleanor Shakeshaft Accountants will help you prepare:

• an employment agreement setting out the terms of employment of the company secretary including any special terms to protect the business when the company secretary leaves
• a companies house form 288a appointing the company secretary
• a letter to registrar to file the form 288a
• a file note recording the main terms of the agreement for ease of reference
• an employment offer letter to send to the company secretary
• a board resolution consenting to the appointment of the company secretary
• a procedure note setting out the steps to follow when appointing a company secretary
• an optional health questionnaire to be completed by the company secretary
• a biographical form to collect certain administrative information from the company secretary
• an optional additional directorships form to collect certain information on directorships if the company secretary is also a director
  

non-executives

It's a legal requirement to provide non-executive directors with a written appointment letter and file forms with Companies House.

Eleanor Shakeshaft Accountants will help you prepare:

• an appointment letter setting out the terms of engagement of the non-executive director
• Companies House form 288a appointing the non-executive director
• a letter to the Registrar to file the form 288a
• a board resolution consenting to the appointment of the non-executive director
• a procedure note setting out the steps to follow when appointing a new non-executive director
• a director biographical form to collect certain administrative information from the director
• an additional directorships form to collect details of all directorships held in the last 5 years

Handbook

creating an employee handbook

Producing a company handbook for your employees helps you comply with the law and effectively communicate your practices and standards. This in turn can lead to improved performance, a more efficiently run business and reduce the chance of being involved in costly tribunals and disputes.

What are the legal requirements?

As a legal minimum your company handbook should contain policies on:

• disciplinary procedures
• equal opportunities
• grievance procedures
• mobile phones

If you have five or more employees you should also have a health and safety policy.

You should check that implementing policies will not constitute a change in the terms and conditions of employment for your existing employees. However this will not be necessary if you have used Eleanor Shakeshaft Accountants to create the contract of employment as it will be 'subject to' employment policies implemented from time to time.

How do I create a handbook?

The legally required policies, together with any other policies you choose to produce, constitute your company handbook. Simply produce each individual document as required and then attach them together.

What other policies could be included?

The legal requirements should be seen as the bare minimum. Eleanor Shakeshaft Accountants also enables you to produce the following policies:

• Adoption leave - covers leave for when an employee is adopting
• Company car - covers permitted use of the car and responsibilities
• Compassionate leave - covers when compassionate leave may be granted and to whom
• Flexible working - covers the application procedure for changing working hours
• IT and communications - covers security and allowed use
• Maternity leave - covers payment of expectant mothers, length of leave and required information
• Parental leave - covers payment of leave taken by parents in the first 5 years of a child's live or 18 years if the child is disabled
• Paternity leave - covers leave allowances for an employee who is about to become a father
• Retirement - covers an employee's statutory right to request to work beyond retirement age
• Sickness and absenteeism - covers sick pay and reporting requirements

What do I do with the handbook?

Each time a policy is introduced or amended you must notify your employees asking them to familiarise themselves with any relevant points. To enable your employees to do this you should either send copies to them or let them know where they can find a copy e.g. on your Intranet, from your personnel department or from their manager etc.

To help with the reading and understanding of any policy you may wish to provide e.g. training, translations, large print versions etc.

Discrimination

avoiding discrimination

Taking on an employee can be a lengthy process starting with the initial creation of the job description, all the way through the interview process and finally to offering the right candidate the position. Being aware of correct discrimination procedures and how to avoid falling foul of the law at every step of the way can prevent this process from being a costly one to both your finances and reputation.

Eleanor Shakeshaft Accountants will provide you with:

• guidance on recognising and avoiding discrimination in the recruitment process
• examples of when discrimination is allowed
• information on issues surrounding disability and the workplace

Grievance

dealing with grievances

Any grievance must be treated sensitively, with tact and according to proper procedures as laid down in the company's grievance policy.

Grievance policy
It is a legal requirement for all companies to have a grievance policy to which all employees have access. Before dealing with any form of grievance you should ensure that you have familiarised yourself with your company's policy to ensure that correct procedures are followed.

If you do not have one then Eleanor Shakeshaft Accountants can help you:

• create a grievance policy
• Dealing with a grievance informally

You may be able to resolve a grievance matter prior to starting formal proceedings. An informal meeting or counselling session may provide the right setting to encourage the employee to talk freely. Having raised their concerns, the employee may decide that they no longer wish to raise a formal grievance although a follow-up meeting may be appropriate. If they do still wish to raise a grievance, the employee is more likely to feel that they have been given a fair hearing. Although this meeting is informal it is good practice to keep a note of what was said.

Formal grievance procedure
If the grievance has been raised by a person who is still an employee then you must take each of the following steps. If the person was not an employee when they raised the grievance then each of the following steps must be followed unless both parties agree to follow the modified grievance procedure. The modified grievance procedure means you are under no legal obligation to offer a meeting or appeal procedure but if the grievance is pursued in an employment tribunal you may be called up to defend your decision and should therefore keep any relevant documentation.

acknowledge a grievance

If ignored, grievances can lead to low productivity, unwanted resignations and even constructive dismissal cases. It is therefore vital to deal with any grievance in a timely and sensitive manner whilst adhering to correct procedures.

If it has not been possible to resolve a grievance informally then a formal process should be followed.

On receipt of a formal grievance a letter should be sent explaining that a nominated representative will be in touch within five working days, or whatever your grievance policy states, to arrange a meeting to discuss the grievance in more detail.

Eleanor Shakeshaft Accountants will help you prepare:

• a correctly worded acknowledgement letter
  

grievance meeting

After formally acknowledging an employee's grievance the next step is to arrange a meeting at which the grievance can be discussed.

Details of the meeting should be confirmed by letter giving the date, time and venue. You should explain that the person bringing the grievance may be accompanied at the meeting, either by a trade union representative or another colleague and, if applicable, they should let you know the name of this person as soon as possible.

Eleanor Shakeshaft Accountants will help you prepare:

• a correctly worded letter advising the employee of the meeting arrangements
• Holding the meeting

You should take care that all preliminary arrangements are organised e.g. booking the room, refreshments (teas and coffees etc.), prepare an agenda and ensure that all relevant background information and previous correspondence is available and taken to the meeting. At the meeting itself, you should explain to those present the purpose of the meeting and what the next steps are. In more sensitive cases, notes should be taken and the employee and any witnesses asked to confirm that they are accurate. It is important that the grievance is considered thoroughly and objectively. If applicable you may be required at a later stage to justify the decision to reject the grievance.

grievance decision

It is important to inform an employee of the outcome of their grievance without delay. If you are genuinely unable to stick to the timescales laid out in your grievance policy then you must keep the employee informed.

Deal with delays in decision making
If a delay is likely to occur in making the decision you should write explaining the reason for the delay and the new timescale.

Eleanor Shakeshaft Accountants will help you prepare:

• a correctly worded letter advising of any delays in arriving at the decision

Give your decision in writing
Once a decision has been made it must be communicated in writing. You should refer to the meeting including who attended. If the grievance is upheld, you should briefly explain what action (if any) you need to take. This is particularly important in sensitive cases e.g. bullying where it may be necessary to redeploy someone. If you have not upheld the grievance, you should briefly outline why you have been unable to uphold the grievance. You should outline what the appeal process is and explain that written reasons should be given as to why the decision should be reconsidered. You should inform the employee to whom they should write to appeal.

Eleanor Shakeshaft Accountants will help you prepare:

• a correctly worded letter containing your decision

This letter is also suitable for use when following the modified grievance procedure which does not require a meeting to take place or the right of appeal to be given. The modified grievance procedure can only be used if the grievance was raised when the person was no longer an employee and both parties have agreed to use the modified procedure. In practice it is rare for the modified procedure to be used and if in doubt, legal advice should be sought.

appeals

An essential part of the grievance process is the appeal stage and it is important to ensure that this is handled appropriately to avoid future issues.

An employee raising a formal grievance should be allowed to appeal against any decision at least once. Ideally the appeal should be considered at a further level of management but, if this is not possible due to the size of the business, the same person who made the decision can consider the matter again. In this case they must approach the matter as if they were dealing with it afresh and start the process again from acknowledging the appeal.

If the person was no longer an employee when they raised the grievance, and both parties agree that the modified statutory grievance procedure should apply, you are under no legal obligation to offer an appeal procedure, but if the grievance is pursued in an employment tribunal you may be called up to defend your decision and should keep any relevant documentation.

Eleanor Shakeshaft Accountants will help you produce:

• a letter to the employee acknowledging their appeal and advising when you will next be in touch

Once an appeal has been acknowledged you will need to arrange a meeting.

Eleanor Shakeshaft Accountants will help you produce:

• a suitably worded letter to either reject the appeal or arrange a meeting

Following a meeting you must write to the employee informing them of the outcome of their appeal within the correct timescales. If these are not stated within your company's grievance procedure then you should aim to do so within five working days. If this is not possible then you must advise the employee of the delay and the revised date when a decision will be made.

Eleanor Shakeshaft Accountants will help you produce:

• a letter informing the employee of a delay in reaching a decision
• a letter informing the employee of the outcome of their appeal

Disciplinary

how to take action

When taking disciplinary action against an employee, whether for misconduct or poor performance, it is vital to follow the correct procedures. Legislation and guidance is in place both to protect the employee against unfair treatment and to enable the employer to take appropriate action, if necessary, without ending up in an employment tribunal.

Disciplinary policy
It is a legal requirement for all companies to have a disciplinary policy to which all employees have access. Before taking any form of disciplinary action you should ensure that the employee has a copy of this policy and if necessary send them a copy.

If you do not have one then Eleanor Shakeshaft Accountants can help you:

• create a disciplinary policy
• Dealing with a situation informally

If the issue with the employee is of a minor nature an employer may choose to deal with the matter informally, in which case an informal meeting can take place. The employer should consider whether support or training could help and if the issue relates to performance it may be appropriate to agree new targets.

However, if the issues are more serious and, if proven, a disciplinary sanction may be appropriate, then it is essential that the matter be raised formally through the disciplinary procedure.

Formal disciplinary procedure
The correct process must be followed in all disciplinary matters. Failure to comply with the statutory dispute procedure may result in a claim against the employer for breach of contract or discriminatory treatment. Where an employee has been dismissed the dismissal will automatically be considered to be unfair.

Formal disciplinary proceedings are made up of the following steps:

• Suspension of an employee
• Investigation - before any disciplinary proceedings are begun, a thorough investigation needs to be undertaken.
• Disciplinary hearing
• Hearing outcome - the outcome of a disciplinary hearing, whether acquittal or disciplinary action, must be communicated to an employee without delay.
• Appeal

In limited circumstances it may be reasonable to dismiss an employee for gross misconduct without notice or payment in lieu of notice without holding a disciplinary hearing. In such cases the employer must write to the employee informing them of the nature of the alleged misconduct that has led to the dismissal, the evidence for this decision and the right to appeal against this decision.

suspension of an employee

It may be necessary to suspend an employee following allegations of serious misconduct - usually only in cases of alleged gross misconduct. Removing the employee from the workplace can help diffuse a difficult situation. Evidence can be preserved and potential witnesses may feel less inhibited about answering questions during the investigation.

Depending on the alleged misconduct, it may be appropriate to continue the suspension until all disciplinary proceedings and appeals are completed.

You should only suspend an employee if their employment contract or employee handbook allow you to.

Eleanor Shakeshaft Accountants will help you prepare:

• a letter to the employee informing them of the suspension

Once a thorough investigation has been conducted, the next step in the disciplinary proceedings is to hold a disciplinary hearing. In limited circumstances it may be reasonable to dismiss an employee for gross misconduct without a hearing although extreme care should be exercised. In such cases the employer must write to the employee providing details of the alleged misconduct and their right to appeal.

disciplinary hearings

Meeting with the employee is your chance to hear both sides of a story and not jump to costly conclusions. The aim of the disciplinary hearing is to consider the issue surrounding the employee in a fair and objective manner, allowing the employee to respond to any allegations. If you do not hold a disciplinary meeting any subsequent dismissal will be automatically unfair.

If, following an investigation, it is decided to take the next step in the formal disciplinary procedure, then a disciplinary hearing should be arranged. Whilst it is important that the employee has sufficient notice of the proposed date, legislation requires that the meeting is held without unreasonable delay, so it is good practice to hold the meeting within seven days. Notice must be given in writing and should include notice of the disciplinary allegations and their basis. The employee has the right to receive copies of all evidence produced by the investigation and be accompanied at the hearing by a colleague or trade union representative.

Eleanor Shakeshaft Accountants will help you produce:

• a letter to the employee informing them of the date of the disciplinary hearing, the basis of the complaint and their rights

It may be that matters can be agreed during the meeting without the need for disciplinary action. For instance, if the employee's performance is in question and they are genuinely struggling to reach the required standard of work, arranging additional training and supervision to give the employee a fair opportunity to be able to improve may resolve the situation. Any decisions made must be impartial and non-discriminatory and must be based on a full and fair assessment of the situation.

Following a disciplinary hearing you must write to the employee to advise them of the hearing outcome.

hearing outcome

It is important to inform an employee of the outcome of a disciplinary hearing without delay whether this outcome is an acquittal or disciplinary action.

• a letter to the employee informing them of the outcome of the disciplinary hearing and, if disciplinary action has been taken, their right to appeal

• a letter to the employee informing them that their performance has improved satisfactorily
  

appeals

Employees almost always have the right to appeal against a disciplinary decision made by you. You should follow correct procedures when dealing with an appeal to ensure the employee has no reason to complain later on. A failure to deal with an appeal against a dismissal will be a breach of the statutory disputes procedure and would render the dismissal automatically unfair.

If the employee does appeal then it should be acknowledged in writing.

Eleanor Shakeshaft Accountants will help you produce:

• a letter to the employee acknowledging their appeal and, if applicable, arranging a meeting to discuss the grounds on which the appeal has been made

An appeal may take the form of a review of the disciplinary hearing findings (including the fairness or suitability of any disciplinary sanction) or, and particularly if there have been any procedural irregularities, a full re-hearing. If the appeal is a full re-hearing it may well be possible to remedy any defects in procedures in the disciplinary hearing. If there are fresh allegations, or new evidence comes to light, this should be fully investigated and any documentation presented to the employee in advance of the appeal hearing.

In addition, if the person hearing the appeal considers that matters have not previously been investigated properly or sufficiently thoroughly, they should revisit the initial investigation (which could involve adjourning the appeal).

An employer should always aim to treat employees fairly at all stages of the disciplinary process. Extra care should therefore be taken to ensure that all matters raised at the appeal stage have been properly investigated and considered.

Appeal decisions are usually notified in person, but should also be confirmed in writing. Full reasons for the decision should be provided.

Eleanor Shakeshaft Accountants will help you produce:

• a letter to the employee informing them of the outcome of the appeal hearing and the reasons for any decision

Performance

appraisals

Regular, constructive feedback on performance is vital if you want your employees to achieve their full potential and maximise the performance of your business.

Eleanor Shakeshaft Accountants will provide you with:

• a guidance note on how to conduct an appraisal
• an appraisal form for employees

What should I do if an employee's perfomance is not satisfactory?

Unfortunately there may be times when an employee's performance falls below that expected of them. It may be possible to resolve this through an informal meeting when underlying issues can be discussed and training and support offered.

If an employee has been found to be underperforming then it is recommended that a date is set to review the situation and see whether the necessary improvements have been made. If a satisfactory improvement has been made then it is good practice to confirm this in writing to the employee.

Eleanor Shakeshaft Accountants will help you produce:

• a letter to the employee informing them that their performance has improved satisfactorily

Where the performance issue is severe or persistent then it may be appropriate to take disciplinary action in accordance with statutory procedures. Disciplining an employee is potentially a minefield of legislation and getting it wrong can be costly both financially and in terms of your reputation. Eleanor Shakeshaft Accountants will guide you through each step explaining exactly when and how to take action.

Ill Health

dealing with ill health

Dealing with employees with long-term ill health is a difficult issue for all involved. Dealing with these issues sensitively will be of benefit to you and the employee.

Eleanor Shakeshaft Accountants will provide you with:

• a procedure note setting out how to monitor and deal with employee ill health
  

progress meeting

You should hold regular meetings with an ill employee to assess their prospects of recovery and returning to work.

Eleanor Shakeshaft Accountants helps you gather information from the employee and keep them informed about how their health is affecting their return to work.

Firstly, Eleanor Shakeshaft Accountants will provide you with:

• a letter to the employee requesting a meeting and medical report (if required)
• a note for the employee summarising their rights in relation to their medical records (the employee must, by law, be provided with this)
• any necessary consent forms
• a procedure note setting out the steps to be followed to obtain any medical records and meet with the employee

If you do not wish to hold a meeting but just want a medical report, see Eleanor Shakeshaft Accountants's medical reports section.

Secondly, after the meeting, Eleanor Shakeshaft Accountants will provide you with a:

• letter to the employee summarising the main points of the meeting for their records
• procedure note setting out any follow-up actions necessary after the meeting
  

medical reports

Getting a medical report will help you assess whether and when your employee can return to work. This will help you plan how to manage any temporary staff or whether you need to recruit new staff.

Eleanor Shakeshaft Accountants will provide you with a:

• letter to the employee requesting a medical report
• note for the employee summarising their rights in relation to their medical records (the employee must, by law, be provided with this)
• any necessary consent forms
• procedure note setting out the steps to be followed to obtain the medical report
  

termination

If an employee is too ill to continue their job, you may be able to dismiss them. Eleanor Shakeshaft Accountants helps you follow the correct procedures when dismissing an ill employee to avoid disputes later on.

Firstly, Eleanor Shakeshaft Accountants will provide you with a:

• letter to the employee informing them of their termination

Secondly, Eleanor Shakeshaft Accountants will provide you with a:

• procedure note setting out the steps to be followed when a person's employment ends
• leaver's checklist to help you inform all the necessary parties in your business and outside that the employee has left

Ending Employment

common documents

Whilst there are a number of specific documents and procedures that apply depending upon the reason a person's employment is ending, there are also a number of common documents and procedures which apply in all cases.

The end of a person's employment can be a busy time, with the recruitment and training of a replacement, ensuring a comprehensive handover of duties and communicating the change of personnel to all relevant parties. In addition to this you may be asked to provide a reference and you will need to ensure your records are correctly updated, including your payroll.

Eleanor Shakeshaft Accountants will provide you with:

• a procedure note setting out the general steps to be followed when a person's emloyment ends regardless of the reason*
• a leaver's checklist to help you inform all the necessary parties in your business and outside that the employee has left
• an exit interview form to enable you to obtain feedback from the resigning employee about your business
• a guidance note on giviing the departing employee a reference

* There are specific statutory procedures that must be followed in the event of retirement, redundancy and the expiry of a fixed term contract. In the event of resignation, this should be formally acknowledged in writing.

resignation

When an employee resigns it is good practice to acknowlege their resignation in writing.

Eleanor Shakeshaft Accountants will help you prepare a:

• letter to the employee accepting their resignation

In addition to this, there are a number of common documents and procedures that are relevant in all cases involving the end of a person's employment.

expiry of a fixed term contract

Employees on fixed term contracts are protected against less favourable treatment on the grounds of their employment status than a comparable employee on a permanent contract. One effect of this is that statutory dismissal procedures apply.

Eleanor Shakeshaft Accountants will produce a:

• procedure note setting out the steps to follow when dealing with the expiry of a fixed term contract

In addition to this, there are a number of common documents and procedures that are relevant in all cases involving the end of a person's employment.

retirement

Under the Employment Equality (Age) Regulations 2006, any employee approaching retirement has a right to request an extension to their retirement date. A failure to follow this procedure may render the dismissal unfair. In addition to this, if applicable, there will be paperwork that needs to be completed to ensure the retiring employee gets paid their pension.

Retirement policy
The statutory procedures to follow when an employee is approaching retirement would normally be detailed in your retirement policy. If you do not have one then you can use this service to:

• create a retirement policy

Retirement procedure
If an employee is retiring before 1 April 2007 then transitional procedures apply and legal advice should be sought. If an employee is retiring after 1 April 2007 then the following procedures should be followed:

Write to the employee
You must write to the employee at least six months (but not more than one year) before their proposed retirement date informing them of the intended retirement date and advising them of their right to work beyond this date:

• write to the retiring employee

Meet with the employee
An employee must write to you if they wish to delay their retirement. Upon receipt, you will need to arrange a meeting within a reasonable period to discuss their request. Following this meeting you will need to write to the employee with your decision and advise them of their right to appeal:

• arrange a meeting to discuss an employee's request to delay their retirement
• write to the employee with your decision following the meeting

Appeal process
An employee is entitled to appeal against your decision. This must be in writing and within a reasonable period following the receipt of your decision. Similarly you should hold a meeting with them within a reasonable period of receiving their appeal to discuss the matters they have raised. You will then need to write to the employee with your final decision:

• arrange a meeting to discuss an employee's appeal against your decision on their request to delay their retirement
• write to the employee with your decision following the appeal meeting

Pension arrangements

If you provide access to a pension, once a retirement date has been agreed you will need to:

• notify pension providers of intended retirement date and advise the retiring employee of their pension arrangements

In addition to this, there are a number of common documents and procedures that are relevant in all cases involving the end of a person's employment.

redundancy

There may come a time when you have to consider redundancies. To avoid claims for unfair dismissal or discrimination it is essential to handle such situations correctly and fairly.

Eleanor Shakeshaft Accountants will provide you with a:

• guidance note on redundancies tailored to the number of employees you expect to make redundant

In addition to this, there are a number of common documents and procedures that are relevant in all cases involving the end of a person's employment.

Pensions

stakeholder pensions

It is the duty of most employers to provide each employee with the ability to contribute their own money into a pension savings scheme. Many employers will offer to contribute to the pension arrangements, as a highly tax efficient method of reward.

Since 8 October 2001, the Government has made it compulsory for most employers to offer at least a 'stakeholder' pension savings scheme to their employees. Every employee therefore has the opportunity to put money aside for his or her retirement.

Eleanor Shakeshaft Accountants will help you:

• establish whether you need to provide a stakeholder pension

If you do need to provide some type of pension arrangement for you employees, see Eleanor Shakeshaft Accountants's which scheme? section.

which scheme?

If you are required by law to offer some type of pension arrangement for your employees, you will now need to choose between the types of scheme that you can offer.

There are three types of scheme that fit the requirements:

• a stakeholder pension scheme
• a group personal pension arrangement
• an occupational pension scheme

Eleanor Shakeshaft Accountants will help you:

• determine the most appropriate scheme for you

On 6th April 2006 (named A-day by HM Revenue & Customs), a single set of rules covering every pension plan in Britain replaced the eight sets of rules for different kinds of pensions. The implications of this, and the effect on your employees, should be discussed with a professional adviser when making any pension arrangements.

compliance

Once you have determined that you do need to comply with the new stakeholder rules, Eleanor Shakeshaft Accountants will help you follow the correct steps.

Eleanor Shakeshaft Accountants will provide you with a:

• procedure note setting out the steps which need to be completed by certain dates to comply with the stakeholder pensions rules
  

which provider?

Trying to decide which pension provider to choose for your employees is often difficult unless you choose a set of criteria first.

Eleanor Shakeshaft Accountants will provide you with a:

• guidance note outlining the criteria by which to choose a pension provider including financial strength, past performance and charges

Eleanor Shakeshaft Accountants will not attempt to recommend a particular insurance company or type of fund, but rather, give you the information you need to make that decision. We will tell you where to look when comparing providers, and how to make contact with those providers once you have selected one.

Once you have chosen a provider, see Eleanor Shakeshaft Accountants's pensions paperwork section to let your employees know.

paperwork

It is a legal requirement that you must consult with your employees about your choice of pension provider.

Firstly, Eleanor Shakeshaft Accountants will help you prepare a:

• consultation letter to your employees listing the providers you are considering, with information on where to get further details

Secondly, after the consultation with your employees is complete, Eleanor Shakeshaft Accountants will help you prepare a:

• letter to your employees announcing your selected pension provider(s) and allowing them to request detailed information on the scheme(s)
  

contributions

Having provided your employees with the ability to contribute to a pension savings plan, you may also wish to help them determine exactly how much of their pay they can contribute.  

By law, employees can only contribute a certain amount of their pay into pension schemes.

Eleanor Shakeshaft Accountants will help you to:

• calculate the maximum contribution amount for an individual employee, or a class of similar employees

Discimination

avoiding discrimination

Promoting, training and disciplining staff are just some of the many tasks involved with managing a business but they can be fraught with misunderstandings and legalities. Being aware of correct discrimination procedures and how to avoid falling foul of the law can prevent mistakes from being made that are costly to both your finances and reputation

Eleanor Shakeshaft Accountants will provide you with:

• guidance on recognising discrimination in the workplace
• guidance on avoiding discrimination in the workplace
• examples of when discrimination is allowed
• information on issues surrounding disability and the workplace

Flexible Working

application form

If an employee requests flexible working arrangements to care for a child, you must gather certain information from them.

Eleanor Shakeshaft Accountants's flexible working sections follow the Eleanor Shakeshaft Accountants flexible working policy in the creating an employee handbook section.

If you do not have a formal flexible working policy, you can use Eleanor Shakeshaft Accountants to create one.

Eleanor Shakeshaft Accountants will help you prepare:

• an application form to gather all necessary information from the employee to help you make a decision about their request for flexible working
  

arranging a meeting

If an employee requests flexible working arrangements to care for a child, you discuss their application with them.

Eleanor Shakeshaft Accountants's flexible working sections follow the Eleanor Shakeshaft Accountants flexible working policy in the creating an employee handbook section.

If you do not have a formal flexible working policy, you can use Eleanor Shakeshaft Accountants to create one.

Eleanor Shakeshaft Accountants will help you prepare:

• a letter setting up a meeting with the employee to discuss their request for flexible working
  

application acknowledgment

If an employee requests flexible working arrangements to care for a child, you must provide reasons for your decision.

Eleanor Shakeshaft Accountants's flexible working sections follow the Eleanor Shakeshaft Accountants flexible working policy in the creating an employee handbook section.

If you do not have a formal flexible working policy, you can use Eleanor Shakeshaft Accountants to create one.

Eleanor Shakeshaft Accountants will help you prepare:

• a letter setting out your decision including all the reasons required by law
  

appeal form

If you have rejected an employees application for flexible working arrangements, or agreed to arrangements different to those requested, the employee has the right to appeal against your decision.

Eleanor Shakeshaft Accountants's flexible working sections follow the Eleanor Shakeshaft Accountants flexible working policy in the creating an employee handbook section.

If you do not have a formal flexible working policy, you can use Eleanor Shakeshaft Accountants to create one.

Eleanor Shakeshaft Accountants will help you prepare:

• an appeal form for the employee to fill out
  

appeal acknowledgment

If an employee requests flexible working arrangements to care for a child, you must provide reasons for your decision.

Eleanor Shakeshaft Accountants's flexible working sections follow the Eleanor Shakeshaft Accountants flexible working policy in the creating an employee handbook section.

If you do not have a formal flexible working policy, you can use Eleanor Shakeshaft Accountants to create one.

Eleanor Shakeshaft Accountants will help you prepare:

• a letter setting out your decision including all the reasons required by law

Getting Started

where do I start?

Managing health and safety within your business and complying with current legislation can seem like a difficult, confusing and lengthy task. At first glance there appear to be few hard and fast rules yet severe penalties can be incurred for getting things wrong.

What is the point of health and safety?
The overriding point of health and safety regulations is to reduce the risk of a person becoming ill or injured as a result of something that your business has done. That person does not have to be an employee but could be a member of the public visiting your premises or a customer using your product. Keeping these points in mind at all times will greatly assist you when dealing with health and safety issues.

How do I get started?
Eleanor Shakeshaft Accountants provides you with a checklist based on the answers you provide to a number of simple questions. This checklist will make you aware of the main steps you must take to comply with health and safety regulations, link you to further information and guide you towards deciding on the actions you must take.

Eleanor Shakeshaft Accountants's personalised health and safety checklist

• If your business is office or home based then you are advised to read the information below before continuing with the health and safety checklist.

Health and safety in an office
A person is approximately ten times more likely to experience a major accident in the manufacturing sector than in the office sector. This is a direct reflection on the fact that a typical office contains considerably fewer hazards than a typical factory or workshop. Whilst the owner of either type of business must do everything reasonably possible to protect a person against illness or injury, the owner of an office based business is likely to have less to do in order to comply with health and safety regulations.

Getting a feel for the types of things that the owner of an average office based business should be looking for will help you interpret health and safety requirements as you work through Eleanor Shakeshaft Accountants's personalised checklist, and not be confused by detail that may apply to riskier businesses than yours.

Eleanor Shakeshaft Accountants helps you:

• apply potentially onerous and complex health and safety regulations to the small office environment

Heath and safety at home
The Health and Safety at Work etc Act 1974 applies as much to home workers as it does to office workers. A home environment is not dissimilar to an office environment in terms of risk assessment and the information above can just as easily be applied to the home as to an office. A couple of points however should be noted:

When identifying risk at home you should be aware of anyone who may be vulnerable including visitors and other members of the household, particularly children.
There could be an increased risk of psychological hazards such as stress or loneliness.

registering your business

The first thing you should do to comply with health and safety legislation is register your business. Who you do this with and what form you complete depends on your business type.

Eleanor Shakeshaft Accountants will provide you with:

• a guidance session on who to register your business with

If you already know who to register with and which form to use click on the appropriate links below to continue with the registration process. The following links will take you to the Health and Safety Executive website.

registration forms

• f9 for registration with the Health and Safety Executive
• OSR1 for registration with your local authority's environmental health and safety office
• For guidance on the completion of an OSR1
  

insurance

There are many types of insurance that a business can have. Whilst most are highly advisable employers' liability insurance is, in nearly all cases, compulsory.

Eleanor Shakeshaft Accountants will provide you with:

• a guidance note on employers' liability insurance
• a guidance note on public liability insurance
  

certificates and basic documents

One of the keys to successful health and safety management is being able to show that you are complying with legislation. There are a number of documents that must be correctly stored and displayed and certain information must be communicated to your employees. Whilst an exhaustive list of what you must do depends on your business, there are a number of basic issues that every company should be aware of.

Eleanor Shakeshaft Accountants will provide you with:

• a personalised checklist making you aware of any issues your company may have
  Alternatively if you know the information you're looking for you can go directly to Eleanor Shakeshaft Accountants's guidance note on the communication and storage of basic health and safety information

Risk Assessment

general points

Risk assessment is essential in recognising the dangers within your business and the steps you can take to reduce them. Whilst there are many different types of risk assessment they all share a number of common points as they share a common aim - identifying risk and taking steps to remove or reduce it.

What is a risk assessment and what do I have to do?

The majority of risk assessments follow a five step procedure:

• Look for the hazards
• Decide who might be harmed and how
• Evaluate the risks and decide whether existing precautions are adequate or more should be done
• Record your findings
• Review your assessment and revise it if necessary

Eleanor Shakeshaft Accountants will provide you with:

• a guidance note on risk assessments
• a guidance note on appointing a risk assessor
• help in determining some of the risk assessments your business needs

Rented or shared premises
If your business operates in rented premises, particularly if you share those premises with other operations then it is likely that the landlord or managing agent will be responsible for complying with certain aspects of health and safety regulations. However, as ultimate responsibility for health and safety rests with the individual employer, you still have a duty to ensure that appropriate assessments are being made and actions taken. Simply assuming health and safety regulations are being complied with is never sufficient.

Eleanor Shakeshaft Accountants will provide you with:

• information on the types of area a landlord or managing agent may be responsible for
• a handy checklist to keep a track of what has and hasn't been done
  

general risk

A general risk assessment involves looking at your business as a whole and recognising the risks that are inherent to your working environment. Whilst each working environment is different there are a number of issues that are likely to be common to all.

Eleanor Shakeshaft Accountants will provide you with:

• a guidance note on how to perform a general risk assessment providing examples that are likely to be relevant to all workplaces

Management of Health and Safety at Work Regulations require that, if five or more people are employed, any significant findings from a risk assessment must be recorded in writing, unless the risk can easily be described and controlled or it is covered by a separate specific assessment.

Eleanor Shakeshaft Accountants will provide you with:

• an authoring session enabling you to record your findings from a general risk assessment

Violence at work
It is essential to protect employees' health, safety and welfare at work. Adequate precautions must be taken where it is reasonably foreseeable that employees may suffer violence in the course of their work whether this is from members of the public or other members of staff.

Eleanor Shakeshaft Accountants will provide you with:

• further information on dealing with violence at work

fire risk

From 1 October 2006 the Regulatory Reform (Fire Safety) Order requires fire risk assessments to be performed on non-residential premises used or operated by employers, the self-employed or the voluntary sector.

Eleanor Shakeshaft Accountants will provide you with:

• a guidance note on before you conduct a fire risk assessment
• a guidance note on how to conduct a fire risk assessment
• an authoring session enabling you to record your findings from a fire risk assessment

display screen equipment

The use of Display Screen Equipment (DSE) is now common place in most working environments. This increase in use has led to a better understanding of the risks associated with such equipment.

Eleanor Shakeshaft Accountants will provide you with:

• a guidance note on DSE requirements
• a guidance note on how to use the DSE checklist
• an authoring session enabling you to complete a DSE checklist

Eleanor Shakeshaft Accountants also provides you with:

• a DSE checklist that can be printed out for manual completion. Checklists completed in this way must be stored by yourselves for future reference
  

asbestos

Currently asbestos is the largest occupational health killer faced by workers in Britain. Each year 3500 people die from asbestos related illnesses in the UK yet half a million structures built or renovated between 1950 and 1980 still contain asbestos.

Legal requirements
The Asbestos (Prohibition) Regulations 1992 ban the use, supply and importation of asbestos for all but a few exceptions and working with the material generally requires a licence and use of strict control measures.

In October 2002 the Control of Asbestos at Work Regulations 2002 came into force and it introduced a wide range of control measures in relation to asbestos. Of particular importance it established a new duty to manage asbestos in non-domestic premises that came into effect on 21 May 2004. The new duty sets out a number of steps that those in control of premises must take to ensure any asbestos is properly managed.

Eleanor Shakeshaft Accountants will provide you with

• further general information
• information on how to look for and manage asbestos in the workplace
• a simple personalised record of findings and proposed actions

What the law actually says
Details of the various legislation in full can be found on the website of Her Majesty's Stationery Office. The primary ones are:

• The Control of Asbestos at Work Regulations 2002
• The Asbestos (Prohibitions) Regulations 1992

noise

Loud noise can damage hearing and under the Control of Noise at Work Regulations 2005, employers are required to prevent or reduce risks to health and safety from exposure to noise at work.

The regulations require an employer to:

• assess the risks to employees from noise at work;
• if risks are identified, take action to reduce the noise exposure that causes the risks;
• if applicable, provide hearing protection for employees where noise exposure cannot be reduced using other means;
• make sure the legal limits on noise exposure are not exceeded;
• provide training, guidance and information to staff on noise issues; and
• carry out health surveillance where there is a risk to health

On a practical level this means the first thing you need to do is:

• determine whether you have a noise problem at work

If it is likely that you have a noise problem at work then you need to identify action points to protect the health and safety of your employees who are exposed to noise by performing:

• a noise risk assessment

Employers in the music and entertainment sectors have until 6 April 2008 to comply with the Noise Regulations 2005. In the meantime they must:

• continue to comply with the Noise at Work Regulations 1989
  

manual handling

Back problems account for a large proportion of work days lost through sickness. Many of these back problems are likely to have been caused through incorrect manual handling procedures. Recognising the risks and acting accordingly could dramatically decrease the number of injuries incurred.

Eleanor Shakeshaft Accountants will provide you with:

• a guidance note on how to perform a manual handling risk assessment
• an authoring session to enable you to record your findings from a manual handling risk assessment
  

hazardous substances

All workplaces must comply with the Control of Substances Hazardous to Health Regulations 1999 (CoSHH) and suppliers of chemicals must also comply with the Chemicals (Hazard Information and Packaging for Supply) Regulations (CHIP).

What does CoSHH require?
Complying with CoSHH requires the application of eight principles. In addition to this, Workplace Exposure Limits should not be exceeded and exposure to substances that can cause occupational asthma; cancer; or damage to genes that can be passed from one generation to another; should be reduced as low as is reasonably practicable.

The following eight principles were introduced on 6th April 2005 to help employers meet their duties under the Control of Substances Hazardous to Health Regulations (COSHH):

• Design and operate processes and activities to mimimise emission, release and spread of substances hazardous to health
• Take into account all relevant routes of exposure - inhalation, skin absorption and ingestion - when developing control measures
• Control exposure by measures that are proportionate to the health risk
• Choose the most effective and reliable control options which minimise the escape and spread of substances hazardous to health
• Where adequate control of exposure cannot be achieved by other means, provide, in combination with other control measures, suitable personal protective equipment
• Check and review regularly all elements of control measures for their continuing effectiveness
• Inform and train all employees on the hazards and risks from the substances with which they work and the use of control measures developed to minimise the risks
• Ensure that the introduction of control measures does not increase the overall risk to health and safety

Further information can be obtained from the leaflet 'COSHH - a brief guide to the regulations'.

If the use or production of hazardous substances is central to your business, or if you are in any doubt as to your responsibilities, then we would recommend that you seek specialist advice.

What does CHIP cover?

CHIP helps protect people and the environment from the ill effects of chemicals and applies to the supply and transport of most chemicals. The basic requirements are:

• A chemical must be classified according to the hazard it represents
• Information must be provided on the hazard
• The chemical must be suitably packaged

If the supply of chemicals is central to your business, or if you are in any doubt as to your responsibilities, then we would recommend that you seek specialist advice.

other

A common aim of risk assessments is to help businesses comply with health and safety regulations. As there are many different sets of regulations there are many different types of risk assessment. What is applicable to you depends upon your business type and practices. Eleanor Shakeshaft Accountants can provide you with guidelines on some of the regulations that most commonly apply although the list is not intended to be exhaustive. Once you have an understanding of the regulations you can then check how well you comply. Any findings and consequent actions should be documented and kept for future referenece.

Eleanor Shakeshaft Accountants currently provides you with:

• guidance on work equipment
• guidance on lifting equipment

Accident, Incident & Emergency

first aid

First aid is all about the initial treatment of an injury. Successful first aid can literally mean the difference between life or death.

Eleanor Shakeshaft Accountants will provide you with:

• a guidance note on what the law requires with regards to first aid provision in the workplace
• a guidance note on appointing an approved person or first aider
• a guidance note on first aid boxes
  

emergency procedures

Emergency procedures should be in place to handle the unexpected with the intention of minimising the risk of injury and damage. They also form an essential part of managing fire risk within the working environment.

Eleanor Shakeshaft Accountants will provide you with:

• a guidance note on emergency signage
• a guidance note on evacuation
• an authoring session enabling you to record your evacuation plan
  

reporting accidents, illness or incidents

Health and safety legislation states that certain accidents, illnesses and incidents must be reported either internally or to the appropriate authorities. This applies whether they occurred in the workplace or, in the case of a home worker, a person's home whilst they are working.

Eleanor Shakeshaft Accountants will provide you with:

• guidance on what you need to report and how you go about it
  examples of reportable illnesses
  examples of reportable major injuries
  examples of reportable occurrences
  

If you already know an incident needs to be reported externally then this can be done on the Incident Contact Centre website.

Eleanor Shakeshaft Accountants also provides you with:

• an authoring session enabling you to internally report an accident
• or if you would prefer a blank internal accident report that can be printed out for manual completion. Reports completed in this way must be stored by yourselves for future reference

Health and Safety policy

creating a health and safety policy

The health and safety policy statement is central to the successful management of health and safety in the workplace. It shows who does what, when and how it is done. It is the key to achieving acceptable standards and reducing accidents and cases of work-related ill health.

Eleanor Shakeshaft Accountants will provide you with:

• a guidance note about health and safety policies
• a health and safety policy tailored to your business

Equipment

personal protective equipment

You should aim to eliminate or at least minimise risk from your business. However there are times when this is impossible. In these cases it may be necessary to resort to the use of personal protective equipment.

Eleanor Shakeshaft Accountants will provide you with:

• a guidance note about personal protective equipment
  

general equipment

Work and lifting equipment are major causes of accident and injury in the workplace. To reduce the risk of this there are certain requirements you should be aware of.

This will provide you with:

• a guidance note about work equipment
• a guidance note about lifting equipment

Facts and Contacts

regulations and laws

Our aim at Eleanor Shakeshaft Accountants is to help you comply with the confusion of Acts, laws, rules and regulations which exist today and within which employers need to operate. We achieve this by presenting information in an easy to use and easy to understand format, helping you apply the law to your business and assisting you in creating a paper trail to enable you to prove the actions you have taken. However there may be times when you would prefer to refer directly to the law.

The following is not intended to be an exhaustive list of every regulation that applies to health and safety within the workplace, rather it provides easy access to the most commonly referenced legislation. A complete list can be found on Her Majesty's Stationery Office's website.

• The Management of Health and Safety at Work Regulations 1999
• The Health and Safety (Display Screen Equipment) Regulations 1992
• The Control of Substances Hazardous to Health Regulations 2002
• The Provision and Use of Work Equipment Regulations 1998
  

useful contacts

Managing health and safety will bring you into contact with a number of different organisations. This section provides you will a handy reference as to who is who as well as listing the various organisations around the country together with their contact details.

Eleanor Shakeshaft Accountants will provide you with the following:

• a guidance note on who's who

find your nearest...

• environmental health and safety office
• health and safety executive
• fire authority
• training organisation