Welcome to the HR Solutions Newsletter for May 2023
In this issue, we look at the new guidance from ACAS on making reasonable adjustments for mental health and work-related stress to coincide with Mental Health Awareness Week; the basics of getting employment right; and some of the pitfalls that are easy to fall in to.
Hot topics
With Mental Health Awareness week recently taking place on 15th to 21st May the new ACAS guidance on making reasonable adjustments for mental health and managing work related stress could not be more timely. Whilst neither have statutory force, it can be useful for you to show that you have considered and followed the ACAS guidance when approaching difficult issues. ACAS offer guidance to both employees and employers and are a good starting point for both parties when looking to understand the impact of an individual’s mental health at work and what adjustments might be appropriate. When taking into account any reasonable adjustment it is important to consider what might be possible given the individual’s role and what might the impact of the reasonable adjustments be on their ability to do the job to a satisfactory level.
If you require any support with managing absence in the workplace or making reasonable adjustments the HR Solutions team could offer the necessary documentation and advice.
Getting the basics right
In the first instance it is important for you to determine the type of contract you wish to enter into with an individual. Will they be an employee, consultant or contractor? Once this is determined do you have the correct documentation for each type of agreement?
If you have employees it is essential that you are getting the basics right to ensure that the different legal rights have been met. During the recruitment process it is likely that you have retained personal information for each of your candidates, but do you have Privacy Notices in place to ensure that how this data is handled is clear to the individual? This is often a step that is missed and could cause issues further down line.
All employers in the UK have a responsibility to prevent illegal working by completing Right to Work checks prior to an individual’s first day of employment. Ensuring that the correct checks are completed, and records maintained can help prevent any sanctions should it be found that an employee does not have the legal right to work in the UK.
Once an offer of employment is made it is vital that the individual has received their Written Terms and Conditions on their first day of employment, if not before, along with access to the your Employee Handbook and a Privacy Notice in relation to their data handling.
If you have not had your employments contracts reviewed since April 2020 then it would be advisable for this to take place at the earliest opportunity. HR Solutions are able to review and update existing documents, or draft new template Contracts of Employment, Employee Handbooks and Privacy Notices (pre and post employment).
For alternative contracts such as a Directors Agreement, Consultant or Contractor agreement we are able to advise if your existing contracts sufficiently protect both parties, or introduce new documentation to reduce risk.
