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HR Services and Employment Law specialist: For Employers
Call Us: 01491 598 600 Email Us: cw@gaphr.co.uk

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Is it illegal to work without a contract in the UK?

Written by Carolyne Wahlen

No, not at all – any worker can work without a contract in the UK.

 

However, you may want to think twice before not issuing a contract

As an employer, a contract is the one piece of legal documentation that allows you to control your relationship between you and your employees.

Filed Under: Contracts of Employment

What Rights Do Zero-Hours Workers Have?

Written by Carolyne Wahlen

zero-hours worker
A zero-hours worker is an employee that works for you, who has not been appointed fixed hours in the working week. As far as you, the business owner is concerned, they act like a tap that you can bring in whenever you need the extra help during the week.

 

5 Quick facts you should know:

  1. They must have a contract to count as a zero-hours worker
  2. They are entitled to as much notice as any other worker
  3. Zero-hours workers are entitled to the same amount of holiday pay as any other worker
  4. They are protected against unfair dismissal – and have all the same employment law rights as all other employees
  5. They are entitled to the same amount of sick pay as all other workers

Nb. The exact amount each zero-hours worker is owed should be specified in their contract – and if not, then they are entitled to the statutory minimum.

What constitutes a zero-hours worker?

Unsurprisingly, just like with all other employees, there is a formal process you must follow whilst employing a zero-hours worker. They must have a contract when working for you, and if not – then they don’t count as a zero-hours worker. If they have no contract, then they are a part-time worker, not a zero-hours worker. [Read more…]

Filed Under: Contracts of Employment, Managing Employees, Top Post, Zero hours

How Lucrative Is Stealing Client Data – Is It THAT Bad?

Written by Carolyne Wahlen

Most of us have a non-compete and confidentiality clause in the contract reminding employees that the data they work with is confidential and not to be taken outside of the company (if you don’t, give me a call!).

However, if you do have an ex-employee who you discover has taken your client data to a rival company or to set up on their own behalf, then an effective way to deal with it – especially with the GDPR (General Data Protection Regulation 2018) now in place – is to report the breach to the Information Commissioner’s Office (ICO), who will enforce the regulations.

You could try a civil prosecution against them, but that will cost a lot in legal fees and you would have to prove a loss. Much better to leave it to the ICO.

Successful Prosecutions

[Read more…]

Filed Under: Confidentiality, Contracts of Employment, Non-compete, Non-solicitation

Can I make them work their notice?

Written by Carolyne Wahlen

Short answer to this is no (sorry, know you didn’t want to hear that!). They may have stormed out after a row. They may have calmly handed in their notice once their pay was on their bank account. But as far as they’re concerned, it’s over.

You could try and get them to stay with financial incentives. But a court won’t make them work their notice period, as it considers your relationship “broken” (so don’t waste your breath threatening to sue).

You won’t have to pay them though, as they are refusing to work their notice period.

And if you have a clause in your contract (like we do, of course), your can in addition reclaim one day’s pay for every day of their notice period not worked. Which is not meant as a penalty, oh no, just a realistic evaluation of the loss and costs we would have if they walked out and we had to find a short term replacement.

NB if you say that they don’t have to work their notice period, then you DO have to pay them!

If you know of an organisation that could do with our help, please let us know – we always reward referrals with chocolate!

 

Have a Question? Get in touch below...

  • If you are an employee and feel that you have been treated badly, then we strongly advise you to contact ACAS:

    Call the ACAS Helpline on 0300 123 1100 for free support and advice.

    Simply get in touch and they'll provide you with clear and confidential guidance about any kind of dispute or query that you have about relationship issues within the workplace.

    You may want to know about employment rights and rules, best practice or you may need advice about a dispute.

    Whatever it is, just give ACAS a call, their team are on hand to respond within the hours: Monday-Friday, 8am-8pm and Saturday, 9am-1pm.

  • This field is for validation purposes and should be left unchanged.

Filed Under: Business, changing terms, Contracts of Employment, Dismissal, Managing Employees, Resignation

Tales of an HR Consultancy Expert – Day 25: Check the DBS number!

Written by Carolyne Wahlen

When you employ a new person, it is important to check references. All you are looking for is confirmation that they really did work for that company as stated on their CV. More than that is unrealistic to expect nowadays. But what else do you need to have?

[Read more…]

Filed Under: Business, Contracts of Employment, Dismissal, gross misconduct, Illegal immigrants, Managing Employees Tagged With: dbs checks

Tales of an HR Services Expert – Day 24: Professional negligence?!

Written by Carolyne Wahlen

Professional negligence?!

I do tribunal audits on employment contracts and handbooks so that the company knows what needs to be updated, how much risk they are at, and whether the documents are really “fit for purpose”. Once they have that knowledge, they can make an informed decision about whether they will be updating their paperwork themselves or outsourcing it (to me hopefully!).

Most companies that have been doing HR themselves have fairly basic contracts where a couple of clauses are either void or non-existent.

[Read more…]

Filed Under: Business, Contracts of Employment, Getting things done, Managing Employees

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carolyne wahlen

About Carolyne

Carolyne has run a successful business since 2003, is a well-respected speaker, and author of all things HR. There are many, many business owners across the country who have had their very stressful employee issues magically disappear because they’ve teamed up with Carolyne and Gap HR.

Why Gap HR?

We exist to help you stay legal, compliant and profitable, without shelling out for an in-house HR manager. Over 180 clients benefit from the experience and expertise of the Gap HR team.

 

Call us on 01491 598 600

Email me on cw@gaphr.co.uk

 

Click here to download

Ask a Question

  • If you are an employee and feel that you have been treated badly, then we strongly advise you to contact ACAS:

    Call the ACAS Helpline on 0300 123 1100 for free support and advice.

    Simply get in touch and they'll provide you with clear and confidential guidance about any kind of dispute or query that you have about relationship issues within the workplace.

    You may want to know about employment rights and rules, best practice or you may need advice about a dispute.

    Whatever it is, just give ACAS a call, their team are on hand to respond within the hours: Monday-Friday, 8am-8pm and Saturday, 9am-1pm.

  • This field is for validation purposes and should be left unchanged.

Where our clients are:

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“We have been using Gap HR for several years now. Carolyne and her team are professional and efficient and we would not hesitate in recommending them for small businesses. It is a great relief to know we are supported by them for our HR advice and paperwork is kept up to date.”

Deb Green, Vermatech Pest Control

“I have been working with Carolyne and her team for 6 years now , when I first purchased 2Excel Logistics I found the HR scary as I wanted to do the right thing for my staff , with Gap HR on my side this all seemed easy and we have gone from 9 staff to 28 with no hassle what so ever , thank you to all at Gap HR”

Justin Wilkie, 2Excel Logistics

“So pleased to be working with Gap HR. They’ve straightened us out in no time. Their pricing is clear and they really know what they are talking about.”

Ashley Lewis, Wallingford Tiles and Bathrooms

“We are a growing company but do not have facilities in house yet for HR services in house. Gap HR is our go to service for all kinds of advice about HR for our business and we have found them very reliable, communicative and efficient. Would definitely recommend them”

Helen Gordon, Kitecreative

“Carolyne and team continue to provide great support to our business, with quick and accurate responses to help with our various HR needs.”

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“Gap HR have been at our side for a number of years now and are a great help in dealing with our HR needs”

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