Latest Score: Employee 78: 0 Employer

Here are some key points that stood out for me from a seminar on current employment and health and safety law, given by Peninsula (www.peninsula-uk.com) Note: This is my interpretation of what was said. Please seek expert advice before acting.

1. As an employer, being ignorant of the facts is not an excuse, it is an offence. More changes are coming in April.
2. The Employee has 78 statutory rights from Day 1 (even 7 before employment!!) An employer has none. It is vitally important that you establish standards and expectations through contracts, policies and procedures, which are comprehensive and unambiguous.
3. If there are no written rules, there aren’t any in the eyes of the law. e.g. If you have no ‘use of internet’ policy, then you could find it difficult to dismiss somone for being on Facebook at work.
4. There are 13 steps to dismissal. The employer needs to get all 13 right, otherwise it can be taken as unfair dismissal.
5. If you need to dismiss someone on grounds of ‘capability to do the job’, be sure appraisals have been done thoroughly and recorded. This gives evidence that performance was an addressed issue.
6. Redundancy is defined as ‘require fewer employees to do work of a particular kind’. It is NOT ‘a way to get rid of people when times are hard’.
7. Discrimination is not so much about asking the question, but what you do with the information. Recruitment practices must stand the test of fairness.
8. Where is your Health & Safety notice? Is it clearly visible and up to date?
9. The HSE website www.hse.gov.uk  provides information and leaflets
10. If in doubt, seek advice.