1. Employing staff What you need to know......

2. Topics for today • Employment options • TUPE • Secondment • Employing a worker • Self employed staff • Recruiting and managing staff

3. Employment options • Employing a worker/s - employee/s • Using a self employed worker/s • Employing a contractor (refer to Managing a Contract learning session) • Seconding staff from the landlord • Need to consider whether TUPE is likely to apply

4. TUPE -What is it? • Transfer of Undertaking – Protection of Employment Regulations 2006 • Aim is to protect employees when there is a change of service provider • If task being transferred represents the largest part of one person’s job then they will be transferred to the new provider • Employees transfer on current terms and conditions of employment including pay

5. Secondment • Person is still employed by the landlord but reports to the residents group • No change to employee’s terms and conditions - so not much scope to change the way work is delivered • Landlord continues to pay salary • Only landlord can hire or fire • As salary is paid by landlord – unlikely to be much scope to pay to residents group

6. Self employed worker/s • You must decide on the correct employment status of someone who works for you - you cannot take their word for it • If you get it wrong , you may be penalised financially • Depends on: • Contract of service = employee • Contract for services = usually self employed • If not sure get advice from HMRC

7. Recruiting staff – good practice • Understanding your obligations – training, landlord help? • Clear job description – what is required • Clear person specification – who is required • Skills, knowledge, experience • Simple, transparent recruitment procedure • Advertising the job • Application form • Short listing/Interviews (consistent scoring) • Do not discriminate on grounds of protected characteristics • Keeping records

8. Employing staff 6 steps – you need to: • Decide on salary (see minimum/living wage) and days/hours of work • Check if employee has legal right to work • DBS check (was CRB) if necessary • Get employers liability insurance • Send written statement of employment particulars to employee • Tell HMRC by registering as a new employer

9. Managing staff • Provide some basic facilities • A system for monitoring attendance • Who will act as line manager • Cannot have several managers • Monitoring performance and discussing problems • Arranging training such as health and safety • Dealing with disputes - disciplinary and grievance

10. Know the law • Minimum wage (aim for living wage) • Minimum annual leave per year • Maximum no. of working hours per week • Contract of employment • Unfair dismissal and Notice period • Maternity leave and flexible working • Discrimination • Workplace pensions

11. Getting help • Your Landlord • ACAS help for small firms • a series of step by step guides • Free templates such as model contract, policies etc • Free helpline  on 08457 474 747 • Training days for those new to employment • http://www.acas.org.uk/