One of my employees has not returned his contract signed. What should I do?

This is not as serious as you may think. There is a concept in Employment law of “custom and practice” which overrides anything written. If you have changed someone’s terms and conditions of employment and they have not signed it, but also they have not protested in writing that they are not going to accept it, then under “custom and practice” after several months of working to the terms of the contract and taking the salary, they are deemed to have accepted the contract and any changes. They can’t turn around a year later and say that they are not going to accept it, because by then it is too late. This can also work the other way round of course. If you have something written in your contract, for example 30 minutes lunch break, and the custom and practice is actually 45 minutes, then if you try to enforce the 30 minutes, it will be seen as a change to their terms and conditions. Make sure that your contracts reflect the reality of working in your company rather than the theory!  Ideally however the contract should be signed, for peace of mind, and this is what Gap HR does – we sit down with your employees, go through the contract and explain it to them, deal with any objections and get them to sign it. If you would like us to help with this aspect of your HR, please give us a call on 01491 872767.

I am thinking of employing an Australian. What do I need to be aware of?

Oddly enough, the Australians, although they are “just like us”, are actually one of the few nationalities we come across regularly which are NOT entitled automatically to work here. So for starters, ask to see their passport, which is where any valid visa will be. Many Australians come over on a working holiday visa, which means that they can be here for two years, but only work for a total of 12 months. If this is the visa they have, you then need to know how many of the 12 months they have already worked. The most urgent next question is “Is it worth employing them for such a short time?” And if you do employ them and they work out well, are you willing to help them with the visa application process?

When do I need to give a new employee a contract, and why?

Legally you have to give all new employees a contract within 2 months of them starting.  On a purely practical level, it ensures that they know what is expected of them (hours of work) and what they are entitled to (holidays), which frees them up to concentrate on doing the actual work you hired them for. On a financial level, if an employee brings a claim – for example, discrimination or unfair dismissal – and is successful at tribunal, further compensation may be payable where the employer has failed to provide a written statement of particulars.  The additional compensation will usually be two or four weeks’ pay so, to limit liability, make sure you issue written particulars and notify staff of any changes to their terms and conditions in writing.  


Email us your question and it could get answered, free of charge, in the next newsletter! AvoidTheHassles@GapHR.co.uk.