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Agencies acting as Employer
Introduction
If you are employing your temporary workers without using an intermediary (such as a compliant umbrella company or the worker's own limited company), there are various administrative and statutory duties you may want to check you have covered before signing their Contract of Employment.
This isn't a comprehensive document but just a guide to some of the issues you should consider. The government Business Link website provides full details on most of the following:
Pre-Employment Checks
- References from previous employers
- Health checks - fit to work
- Qualification checks
- Checks where employees work with children or at-risk adults
- Criminal record checks
- Data protection issues
Contract of Employment
Type of contract
All employers are legally obliged to provide, at the very least, a written statement of initial employment (Employment Rights Act 1996). However, most employers provide a full written contract of employment containing all items requirements under the act. Employers will have to decide which type of contract to offer:
- part-time/ full-time
- fixed-term contract
Employment policies / handbooks
Apart from the statutory requirements of the statement of employment particulars, most employers provide written policies to cover the relevant issues for their employees:
- disciplinary procedure
- grievance procedure
- health & safety policies
- working-time policies
- equality policiies
- smoking, drug and alcohol
- driving policy
- pay, reward and benefits policies
- email and communications policy
- conduct policies (harassment, bullying etc)
- training and performance monitoring policies
- whistleblowing policy
- company vehicle policy
- environment policy
- flexible working policy
- mental health and stress policy
- lone worker policy
- emergency leave policy
Young, old or Disabled workers
Employers need stategies if they are engaging young, old or disabled workers. This can cover discrimination, statutory minimum wage, access, opportunities and advancement.
Discrimination / Equal opportunities
Employers need to be aware that they are managing their employees fairly under the various anti-discrimination laws.
Right to Work
All employers have a statutory duty to ensure their employees have a right to work in the UK. Click here for further details.
Insurance
Again, employers have a statutory duty to ensure all their employees are covered by Employees' Liability insurance.
Health & Safety
Under health and safety legislation, all employers are obliged to undertake risk assessments in respect of any risks to the health and safety of its employees.
Stakeholder pension
Any employer with 5* or more employees, who do not offer an alternative qualifying scheme, are obliged to provide their employees with access to a stakeholder pension.
* remember, if you have permanent staff working in your agency and temporary employees on placement, this figure relates to your total employees.
Paying your employees
There are numerous statutory requirements with regard to paying employees, which Quube Limited take care of for their clients.
Staff records
- starting and leaving P45s or P46
- recording time-worked and time-off
- disciplinary procedures, grievances and disputes
- dismissals and redundancies
Summary
All of the above can be outsourced to an employment management company such as our partner iBalance Ltd.
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