FINANCE
BY HANNAH JANE DOBBIE , HEAD OF HR CONSULTANCY SERVICES h-j . dobbie @ azets . co . uk
Taking care of your HR headaches
EMPLOYEE LIFECYCLE SOLUTIONS TO HELP MAXIMISE YOUR PAYROLL INVESTMENT .
Employment legislation is continually being updated , and it can be difficult for businesses to navigate around this minefield and ensure that they are both compliant and doing the right thing by their employees .
Each HR-related situation has different influencing factors , and the relevant policy , contract of employment , and length of service should be considered .
Hannah Jane Dobbie , head of HR Consultancy Services at Azets , and Sam Aldridge , senior HR consultant , look at some real-life queries below :
1 . I ’ m ready to take on my first PAYE employee , what do I need to think about ?
First , register a PAYE scheme with HMRC , issue them with a contract or at least meet the legal minimum requirements of the Employment Rights Act in a written statement of particulars . Your employee will have some ‘ day one rights ’ and you need to determine provisions for pensions , sick pay and holiday entitlement . Ensure you have the legally required policies in place , take data protection into account , think about a job description , probationary period , and any business protections you might want to put in place .
2 . An employee is off on long-term sickness ; do I have to keep paying them ?
The answer here is likely to be yes . You should think about the nature and length of this person ’ s illness and future ability to render good service when determining next steps . Make sure the relevant reports and / or certification are acquired . Consider consistency and your obligations under the Equality Act .
3 . Do we need to pay overtime and at what rate to part-time staff ?
Part-time workers have had protection under the Part-time Workers ( Prevention of Less Favourable Treatment ) legislation since 2000 , meaning they have to be treated the same as full-time workers . Contract terms and overtime policy should be clear . Overtime may not apply unless a certain number of additional hours have been worked ; it may be that hours up to the fulltime working week are paid but only at normal time , or different overtime rates may apply to evenings and weekends .
4 . I overpaid my employee ; can I get the money back ?
Yes , potentially , but it depends on their contract . You want to avoid an unlawful deduction of wages claim , however with the right wording , you are able to reclaim any monies overpaid to an employee . This includes deductions where there ’ s not enough money in final salary payments .
5 . A female employee is on maternity , does she still get a pay rise and bonus ?
Generally , yes , but there are a number of considerations , like contractual terms , bonus criteria and the timing of such increases or awards . Bonus awards cannot discriminate on the grounds of protected characteristics . Following the well-known Alabaster case , maternity pay calculations need to take into account any pay rises effective between the start of the Statutory Maternity Pay ( SMP ) calculation period and the end of the statutory maternity leave . Potentially , leaving open a 17-month period and may include more than one pay increase .
Get in touch
For more information or to discuss how we can help to relieve your staffing headaches , email h-j . dobbie @ azets . co . uk .
Local offices : Ashford : 01233 629 255 / Canterbury : 01227 454 861 Maidstone : 01622 690 666 / Orpington : 01689 827 505 Sandwich : 01304 249 997
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