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  • Employment Guide to Procedures
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Employment Guide to Procedures

FROM £40.50

Employment Guide to Procedures

  • Published: March 2015
  • Edition: 1st
  • Format: Paperback / eBook (ePDF) / eBook (ePub)
  • ISBN: 978 1 84661 967 0
  • Authors/Editors: Simon Harding
  • Category: Employment Law
Employers who have robust systems and procedures in place, the right paper trail, and the right documents, stand a much greater chance of successfully resisting employment tribunal claims and other claims than those employers who do not.

This guide explains how employment law can be used to the company’s advantage by clearly stating what companies need to know, and in many cases, why.

Employment Guide to Procedures explains:

  • What systems and procedures you need, why you need them, and what can go wrong if you do not have them in place
  • How to recruit fairly
  • The different forms of employment relationship you may have with your staff, job descriptions, staff handbooks, personnel files, tax and national insurance
  • How employees can sue you in tribunals, personal injury claims and data protection infringement claims
  • How to protect your intellectual property from theft by employees
  • The importance of the need to have systems and practices in place from the start
The Guide also includes:

  • Template documents providing guidance on what should be contained in an employment contract, terms and conditions of employment and the staff handbook
  • Samples of Temporary Worker Agreements and Consultancy Agreements
This is all presented in an accessible and easy to digest way, with no jargon.

Read more about who this guide is aimed at.

Find out the background behind why this guide was written.
  • Introduction – A Stitch in Time Saves Nine
  • Procedures and Systems Save You Money
  • How to Recruit Fairly
  • Contracts, Staff Handbooks, Personnel Files
  • Non-Employment Tribunal Cases – Where else can I be sued?
  • Intellectual Property and Information
  • Misconduct, Capability and Redundancies - Introduction
  • Disciplinary Procedures – Misconduct
  • The Disciplinary Process
  • Employee Grievances
  • Sickness and Capability
  • Redundancy and Business Reorganisation
  • Compromise Agreements
  • Final Considerations
  • Resources
  • Appendix
  • Index
"An excellent prime statement for the modern entrepreneur who needs to understand current employment law and procedures ... excellent and informative book ... it is much more of a commonsense management tool than a law book! ... required reading for anyone who has set up a company, or is proposing to set up a company"
Click here for the full review
Phillip Taylor and Elizabeth Taylor of Richmond Green Chambers

"Written for non-legal professionals, the guide has a friendly tone; it doesn’t bombard the reader with intimidating information, only practical guidance. If followed, the business owner will be equipped to avoid unwanted scenarios and possible law pursuits against the company. Similar books on the market only offer general employment procedural advice."
Read the full review here.
Nick Montague, Funding Store
Chapter 4 - Contracts, Staff Handbooks, and Personal Files. 

4.2 Employing foreign workers

It is impossible to do justice to such a complex subject in a very short space, but you must understand that employing foreign workers is an extremely complex issue. The resources section of this book takes you to links from the Home Office’s website which will give you much greater information on these issues.

The concept of foreign workers in essence means anyone who is not a British citizen who requires permission to work from the Home Office.

Employers should be aware that if they employ anyone who does not have legal permission to work in the United Kingdom, they are committing a civil and/or criminal offence and can face fines of £5,000-£10,000 or worse.

The impetus therefore is on you the employer to ensure that everyone you employ has the right to work.

You can take nothing for granted. You cannot assume that someone who has a certain broad English or Scottish accent, for instance, was born in the country and has permission to work. I have been involved in cases where the employee seems as English as anyone else, but in fact, unbeknown to even themselves, was not in the country lawfully.

It is therefore essential when employing any member of staff, of any nationality, that you take correct identity documents from them and in particular, where possible, a copy of their passport. The situation for employees who do not have passports is more complex and is outside the scope of this book. However, a copy of your prospective employee’s passport will be sufficient to demonstrate whether or not they have a British citizenship or not.

If they do not, you will need to look within that passport to make sure that they are either a citizen of the European Union or that they have the necessary permission to work contained within their permits.

These permits are multi-coloured documents, usually pasted within a passport and will state very clearly whether someone has permission to work or not.

If you are unsure, then you may contact the Home Office for further clarification. But as I said above, if you failed to correctly ascertain whether a member of your staff can work legally in the UK, you face significant financial and criminal penalties if caught.
The situation for recruiting foreign workers is even more complex.

If you wish to employ someone who is not a citizen of the EA or a British citizen, or a citizen with rights to work in the UK, then you may need to make sure that you are sponsored by the Home Office to be able to employ people.

You must be a trusted sponsor within the Home Office scheme, otherwise you are in fact unable to employ foreign workers.

This subject is very complex and well outside the scope of this book, but the resources section will point you in the correct direction. In particular, you will need to look at the sections regarding quotas for certain types of employees.

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