RECRUITMENT
Even before you have taken someone on, you can find yourself as an employer liable to a claim if you have discriminated against an individual or a category of potential applicants in the way that you have recruited for a post. Care needs to be taken at every level (advertisement, application and interviewing) to ensure that there is an adequate audit trail should any of your recruitment procedures be challenged at a later date.

ENGAGEMENT
The basic statutory requirement to give particulars of employment may seem straightforward enough to provide, but are you satisfied that you have both tied in and adequately communicated other aspects of expected behaviour and procedure? For example, do you have an e-mail policy which will ensure that the company’s name is not dragged into the mud by the content of an employee’s personal e-mail sent from work equipment during work time. We can ensure that not only are the basics covered, but that a contract is tailor made for a particular employment position. Remuneration packaging may need careful thought and drafting particularly where there are different elements involved.

CHANGING TERMS
Business needs change and there may come a time when you want an employee to take on a new role or amended job description. Changing terms and conditions is often difficult, particularly so if consent is not forthcoming. We can advise on the best way of steering through changes in a given situation, ensuring that you achieve the flexibility which you need and minimising the risk of a claim of constructive dismissal. From April 2003, an employee may be entitled to apply to you for a change in his or her terms and conditions if the purpose is to enable them to care for a child: will you know how to respond?

DISCIPLINE
Employees now have a statutory right to be accompanied at any disciplinary meeting. Disciplinary procedures must both be fair and be seen to be fair. We can assist you by drafting a disciplinary procedure which is fair and effective to deal with both misconduct and underperformance. When it comes to putting the procedure into action, we can advise on the appropriate sanctions and how to enforce them.

DISMISSALS
Maintaining continuity in the workforce is usually preferable, but there may come a time when it is clear that the needs of the business would be better served by the departure of a particular employee. With the increases in the maximum of compensation which can be recovered in the Employment Tribunal, there is more incentive these days for the aggrieved employee to claim unfair dismissal against his former employer. Advice taken at an early stage on a situation involving a particular employee can minimise the chances of a later claim. A properly drafted statutory compromise agreement is an effective way of ensuring that you are protected against a potential claim, when the exit of an employee is difficult to manage.

FAMILY POLICIES
Current rights include enhanced maternity leave, unpaid parental leave and a right to time off work to deal with certain unexpected or sudden emergencies. These rights also increase unfair dismissal and anti-detriment protection. Are you confident you know what a member of your workforce is entitled to? If you have existing family friendly policies in place, are you certain that they provide benefits no less than an employee's statutory entitlement? Did you know that it is possible to come to a workforce agreement in respect of certain of the statutory rights which may ease the more severe aspects of their application?