Employment Contracts The pros and cons - Tom Griffiths

Full Time or Part Time Contracts

Employers of full or part-time workers need to ensure that the employees do not work over the maximum time given, and they need to register with HM Revenue and Customs to deal with payroll, tax and NICs. An employer needs to avoid discrimination of all employees in the workplace and make reasonable adjustments to your business premises if your employee is disabled. Employers must pay all employees the minimum wage suitable to them, have employers liability insurance and consider flexible working requests from employees.

Agency Staff

Agency staff should get their rights under working time regulations, and after 12 weeks of continuous employment in the same role, agency staff get the same terms and conditions of permanent workers in the business. This includes Pay, resting breaks, night time work, annual leave and work time.

The employer must give the agency information about the terms and conditions in the business so that they can make sure the worker gets equal treatment after 12 weeks in the same job. The employer must also allow the agency staff to use any shared staff facilities and they also need to provide information about job vacancies from the employees first day of work. Employers pay the agency including national insurance contributions and statutory sick pay.

Fixed Term Contracts

Fixed-term employees are employees who are set in advance and their contract only ends when either a specific task is completed or when a specific event takes place. Their contacts last for a set amount of time which is agreed between the employer and employee.

Employers or fixed-term employees must provide the employee with the same treatment and respect as full-time-permanent staff.

Freelancers, consultants and contractors

If an employer hires a freelancer, contractor or consultant it means they are self-employed or part of another company. They quite often look after their own NIC's, they may not be entitled to the same rights as other workers, such as the minimum wage and the employer is still responsible for their workers health and safety. This includes training, safety checks and providing safety equipment in the workplace.

Employing family, young people and volunteers

When an employer hires a family member they need to avoid giving their family member special treatment and make sure all employees are treated fairly in all situation including pay, promotion and working conditions. The employer need to ensure that tax and National Insurance contributions are still paid and that they have liability insurance for young people, and they need to follow the work time regulations for young people.

Volunteer workers need the employer to still maintain the health and safety standards as they would with a full or part-time employee. The employer must also give inductions and training for all of the tasks that the volunteer will be involved in.

Employers can employ young people if they are 13 or over but there are rules about how long they can work and what jobs they are allowed to do. An employer must do a risk assessment before having a young person come and work for them. Employers must provide payed time off for studying and training redundancy pay and maternity/paternity pay if they qualify. Young workers are entitled for redundancy pay from their bosses, and they are entitled to the national living wage which is provided for either apprentices or under 18 workers.

Created By
Tom Griffiths

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