CIPD – 3MER – Supporting Good Practice in Managing Employment Relations.
It is important when employing someone new to create a good working relationship from the beginning there are both internal and external factors that can impact and effect employment relationships. An internal factor could be a good benefits and incentives package if it is a desirable package it may create a hardworking staff force from the beginning of the employment, for example an enhanced maternity package could see you hold onto valued members of staff. The management style and employee progression are also internal factors if the company has a positive management style that enables them to build good ...view middle of the document...
The employment contact will set out the working hours and they will be unable to decline work. The employer will need to provide written employment particulars all employees are subject to disciplinary procedures if required. An employee will use company equipment and will be employed for an indefinite time. See point 2 Appendix
Workers will also work to the terms of a contract, they will usually carry out the work personally. Workers will include casual work, agency work, freelance work and seasonal work. Workers are entitled to some employment rights including, national minimum wage, holiday pay, protection against unlawful discrimination, the right not to be treated less favourably if they work part-time. See point 2 Appendix
Self-employed people will run their own business, they will be contracted to provide a service their clients. They will not be paid through PAYE and they do not have the same employment rights as employees or workers, Self-employed people will however still have protection for their health and safety on a client’s premises, they will have their rights and responsibilities set out in the terms of the contract with the client. They will not be entitled to holiday pay. They may however in some cases be classed as self-employed for tax purposes but classed as an employee or worker for employment rights. See point 2 Appendix
It is important to clearly determine the employment status for a good working relationship, there is such a big difference from what is expected from an employee to that of a self-employed/business. As a company you do not want to find yourself liable for paying the national insurance and Tax for someone you believed to be a worker or self-employed if in fact they believed themselves to be an employee it will be the company’s responsibility in the eyes of HMRC and you will be made to pay even if the individual has already been paid. It is also important to understand the difference as a self-employed/business has the right to assign work to others so if you are expecting that specific person to do the work you wouldn’t be able to do anything about it other than complain which does not create a good working relationship. An employee will have full employment rights and you will need to provide them with written particulars within two months they also have protection from unfair dismissal so it is important to determine who is an employee as if they are dismissed unfairly you will become liable for legal proceedings.
Once an employee has a contract of employment they have certain rights, it is important to create a good work life balance. Work-life balance is a concept that supports the efforts of employees to split their time and energy between work and the other important aspects of their lives. Work-life balance is a daily effort to make time for family, friends, social commitments, personal activities, in addition to the demands of the workplace. Work-life balance is encouraged by employers who...