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Parish Employment Maria Webber 8 March 2016, 10am – 1pm

Parish Employment Maria Webber 8 March 2016, 10am – 1pm. Content Overview. Recruitment Contracts of Employment Managing problems Ending the employment relationship. Recruitment. Employment Status (R1) Recruitment Process Checklist (R2) Pre-employment checks Discrimination (R6 & R7)

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Parish Employment Maria Webber 8 March 2016, 10am – 1pm

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  1. Parish Employment Maria Webber 8 March 2016, 10am – 1pm

  2. Content Overview • Recruitment • Contracts of Employment • Managing problems • Ending the employment relationship

  3. Recruitment • Employment Status (R1) • Recruitment Process • Checklist (R2) • Pre-employment checks • Discrimination (R6 & R7) • Contracts of Employment (R8)

  4. Employment Status • First step is to identify the correct status • Could be: • Employee • Worker • Self-Employed • Volunteer Employed or Self-Employed – R1

  5. Recruitment Process(R2 – Recruitment Checklist)

  6. What might go wrong in the recruitment process?

  7. Discrimination • Can you name the 9 protected characteristics as set out in the Equality Act 2010? • DBF Equal Opportunities Policy – R6 • Genuine Occupational Requirements (GOR) – R7

  8. Protected CharacteristicsSource: CIPD

  9. Payroll • You’ll need to register with HMRC as an employer if your employees: • earn more than £112 a week • get a pension or another job while still working for you • start getting any expenses or benefits • www.gov.uk/paye-for-employers • Have you got employer’s liability insurance?

  10. Contracts of Employment A contract is an agreement between two parties and is enforceable by law • Drawing up a contract – R8

  11. Terms & Conditions • Rules on pay, hours of work and holidays • Annual Leave Arrangements – R9 • Pension auto-enrolment: www.bathandwells.org.uk/supporting-parishes/finances/for-treasurers/employment/

  12. Fixed Term Contracts • Fixed-term contracts: • last for a certain length of time • are set in advance • end when a specific task is completed • end when a specific event takes place • Fixed-term employees must receive the same treatment as full-time permanent staff. • Be clear about the reason for the FTC

  13. Varying a Contract • A request for a change may come from the employer or employee • Needs agreement from both parties • Agreed changes should be confirmed in writing within 1 month of the change • See Acas guidance

  14. Policies and Procedures • Disciplinary & Grievance • Health & Safety • Safeguarding • Family Leave • Equal Opportunities • Whistle Blowing

  15. Performance Management Continuous process of helping people to understand how they contribute to the goals of the organisation

  16. What might occur during the employment relationship? • Family Leave • maternity, paternity, adoption, shared parental leave • Time off for dependants • Unpaid parental leave • Time off for other reasons • Jury service • Public duties • Right to request flexible working

  17. Managing Problems • Acas code of practice on discipline and grievance • Written disciplinary rules and procedures – Sample R10 • Concerns may arise due to: • Conduct – attitudes & behaviour • Capability – performance & attendance • Grievance – concern, problem or complaint that an employee raises • Test of ‘reasonableness’

  18. Fairness • Issues should be raised and dealt with promptly • Act consistently • Carry out necessary investigations to establish facts • Employees have the right: • to put forward their case before a decision is made • to be accompanied at formal meetings • of appeal against formal decisions

  19. Dealing with Formal Concerns • Invite the employee to a meeting to discuss (right to be accompanied) • Convene a meeting/hearing to discuss the issue • Adjourn to investigate • Communicate the decision in writing • Provide right of appeal • Keep a record!

  20. Case Studies In small groups consider: • Do you think the concern relates to: • Misconduct (disciplinary) • Grievance • Capability – Performance or Absence • Do you think the proposed action is reasonable?

  21. Terminology • Wrongful dismissal • employer terminates the contract and in doing so breaches the contract • Unfair dismissal • employees have the right to be treated fairly – dismissal must be for one of the five fair reasons • Constructive dismissal • Employee resigns as a result of the actions of the employer that amount to a fundamental breach

  22. What are the 5 fair reasons for dismissal?

  23. Fair reasons for dismissal • Capability • Conduct • Redundancy • Statutory bar • Some other substantial reason (SOSR) • Automatically unfair dismissals – R11

  24. Redundancy • Employees with more than 2 years service are entitled to a redundancy payment • Statutory formula for pay but can choose to pay more • Right to time off to look for new job • Suitable Alternative Employment • www.gov.uk/staff-redundant

  25. Settlement Agreements • Legally binding contract used to end an employment relationship on agreed terms • Once agreed an employee cannot make an employment tribunal claim • Always seek legal advice

  26. Employment Tribunal Claims • Claims could be due to: • Discrimination • Dismissal • Breach of Contract • Pay • May have to pay compensation or reinstate the claimant if you lose the case

  27. Useful Websites • Church Urban Fund – Just Employment www.cuf.org.uk/get-involved/act/resources • Acas: www.acas.org.uk • Gov.uk: www.gov.uk/browse/employing-people

  28. Contact Details • Maria Webber HR Manager Tel: 01749 685113 Email: maria.webber@bathwells.anglican.org

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