Employment law continues to impose huge burdens on operators.
Discrimination laws are ever tighter, workers rights, when it comes to benefits such as parental leave, have increased, and a raft of case law sets precedents which often seems to weigh in favour of employees. Without a doubt, it is increasingly difficult for employers to keep up to speed with their obligations – such as being clear where TUPE applies. This arises when pubs, bars or restaurants are being acquired or disposed of as trading businesses – but also where contracted-out services such as cleaning are transferred to a new contractor.
Operators who turn to immigrant workers to fill gaps in resourcing for kitchens and bars, particularly at peak times, must ensure they are not employed without the necessary permission and documentation. We have experience in obtaining work permits and visas for foreign workers.
Another complex area is that of recognising which casual staff actually qualify as employees and therefore for statutory protection and benefits. New Agency Worker Regulations have changed the relationship employers have with workers supplied as ‘stop gaps’, meaning that operators can be liable for benefits such as holiday pay. Getting this right is essential to prevent expensive tribunal claims.
Our role is often one of an in-house HR capability, based out-house. We work closely with clients, assisting where required on HR strategy; part of this is putting into place procedures and policies which provide clear parameters for employees and prevent potential problems arising.
We can help you with:
- Handbook and contract review – review of existing employment handbooks, contracts and policies to ensure compliance with current law, or drafting new versions, as well as providing templates for standard documentation and policies.
- Dealing with and preventing discrimination claims – dcovering sex, race, disability, religion & belief or age.
- Disciplinary and grievance procedures
- Handling dismissals and redundancies
- Drafting compromise agreements and enforcement of restrictive covenants
- Handling Employment Tribunal claims
- Obtaining work permits and visas/foreign workers
- Advising on Transfer of Undertakings (TUPE)