Parish Employment Maria Webber 8 March 2016, 10am – 1pm

Content Overview Recruitment Contracts of Employment Managing problems Ending the employment relationship

Recruitment Employment Status (R1) Recruitment Process Checklist (R2) Pre-employment checks Discrimination (R6 & R7) Contracts of Employment (R8)

Employment Status First step is to identify the correct status Could be: Employee Worker Self-Employed Volunteer Employed or Self-Employed – R1

Recruitment Process (R2 – Recruitment Checklist) Preparing to Recruit Define role, prepare JD & PS, advert Obtain relevant permission Advertising Shortlisting Scrutinise information from application form Interviews Ask robust questions and probe answers Offer of Employment and Pre-employment checks Contract of EmploymentInduction

What might go wrong in the recruitment process?

Discrimination Can you name the 9 protected characteristics as set out in the Equality Act 2010? DBF Equal Opportunities Policy – R6 Genuine Occupational Requirements (GOR) – R7

Protected Characteristics Source: CIPD Protected characteristicDirectDirect (association) Direct (perception) IndirectHarassmentVictimisation Age ✔✔✔✔✔✔ Disability ✔✔✔✔ (plus discrimination arising from a disability) ✔✔ Gender reassignment ✔✔✔✔✔✔ Marriage and civil partnership ✔ XX ✔ X ✔ Pregnancy and maternity ✔ XXXX ✔ Race ✔✔✔✔✔✔ Religion or belief ✔✔✔✔✔✔ Sex (Gender) ✔✔✔✔✔✔ Sexual orientation ✔✔✔✔✔✔

Payroll You’ll need to register with HMRC as an employer if your employees: earn more than £112 a week get a pension or another job while still working for you start getting any expenses or benefits Have you got employer’s liability insurance?

Contracts of Employment A contract is an agreement between two parties and is enforceable by law Drawing up a contract – R8

Terms & Conditions Rules on pay, hours of work and holidays Annual Leave Arrangements – R9 Pension auto-enrolment: parishes/finances/for- treasurers/employment/ parishes/finances/for- treasurers/employment/

Fixed Term Contracts Fixed-term contracts: last for a certain length of time are set in advance end when a specific task is completed end when a specific event takes place Fixed-term employees must receive the same treatment as full-time permanent staff. Be clear about the reason for the FTC

Varying a Contract A request for a change may come from the employer or employee Needs agreement from both parties Agreed changes should be confirmed in writing within 1 month of the change See Acas guidance

Policies and Procedures Disciplinary & Grievance Health & Safety Safeguarding Family Leave Equal Opportunities Whistle Blowing

Performance Management Continuous process of helping people to understand how they contribute to the goals of the organisation IdentifyingMeasuringDeveloping

What might occur during the employment relationship? Family Leave maternity, paternity, adoption, shared parental leave Time off for dependants Unpaid parental leave Time off for other reasons Jury service Public duties Right to request flexible working

Managing Problems Acas code of practice on discipline and grievance Written disciplinary rules and procedures – Sample R10 Concerns may arise due to: Conduct – attitudes & behaviour Capability – performance & attendance Grievance – concern, problem or complaint that an employee raises Test of ‘reasonableness’

Fairness Issues should be raised and dealt with promptly Act consistently Carry out necessary investigations to establish facts Employees have the right: to put forward their case before a decision is made to be accompanied at formal meetings of appeal against formal decisions

Dealing with Formal Concerns Invite the employee to a meeting to discuss (right to be accompanied) Convene a meeting/hearing to discuss the issue Adjourn to investigate Communicate the decision in writing Provide right of appeal Keep a record!

Case Studies In small groups consider: Do you think the concern relates to: Misconduct (disciplinary) Grievance Capability – Performance or Absence Do you think the proposed action is reasonable?

Terminology Wrongful dismissal employer terminates the contract and in doing so breaches the contract Unfair dismissal employees have the right to be treated fairly – dismissal must be for one of the five fair reasons Constructive dismissal Employee resigns as a result of the actions of the employer that amount to a fundamental breach

What are the 5 fair reasons for dismissal?

Fair reasons for dismissal Capability Conduct Redundancy Statutory bar Some other substantial reason (SOSR) Automatically unfair dismissals – R11

Redundancy Employees with more than 2 years service are entitled to a redundancy payment Statutory formula for pay but can choose to pay more Right to time off to look for new job Suitable Alternative Employment

Settlement Agreements Legally binding contract used to end an employment relationship on agreed terms Once agreed an employee cannot make an employment tribunal claim Always seek legal advice

Employment Tribunal Claims Claims could be due to: Discrimination Dismissal Breach of Contract Pay May have to pay compensation or reinstate the claimant if you lose the case

Useful Websites Church Urban Fund – Just Employment involved/act/resources involved/act/resources Acas: Gov.uk:

Contact Details Maria Webber HR Manager Tel: