Five myths about employment dispelled 1. When a fixed-term contract ends, you and your employee part company with a handshake and a pot plant. If they did, you might be left open for claim to the Employment Tribunal for unfair dismissal. The expiration of a fixed-term contract must be treated as a dismissal by way of redundancy to come under one of the five fair reasons for dismissal. If the employee continues working under a contract of employment with the same employer after the set termination date, then they become permanent employees. Contact us if you would like some help on compiling a clear redundancy procedure. 2. You have to hold job interviews to meet equal opportunities requirements. This is not true. You must not break the laws on discrimination that currently protect against direct or indirect discrimination due to sex, age, race, disability, sexuality, religion and culture, or age. However you can appoint who you like, using whatever method you like, as long as it is not discriminatory and they have the right to work in the UK. A word of warning however - appointing someone without a careful process may cost you more in the long run if they require remedial management, go against good practice policy of providing a fair and transparent process, or if a funding contract requires that you recruit openly. There is an argument that by opening a post up allows you to recruit the best candidate for your organisation, although appointing from a small pool may mean that you save costs on recruitment for interim posts, for example. 3. It is best practice not to hassle employees that are off sick by keeping in touch with them. It is essential not to excessively badger any member of staff off sick, but it is very sensible to keep in touch with an employee about their illness. It fosters good employee relations and as part of a robust sickness absence management policy, can promote wellbeing and a quicker return to work. As usual, handle each case individually and where appropriate, seek advice. 4. I do not have to give a written contract until the end of the probationary period. This depends upon how long the probationary period is. Employees must receive a written statement of terms and conditions within two months of starting employment that includes the most basic terms and conditions and details of disciplinary and grievance processes. 5. My organisation only has three staff, so I don't need to worry about pensions. You might not yet, but you will do soon. In 2012 all employers will have to auto-enroll qualifying staff into a suitable scheme and pay a minimum contribution of 3%, so it's not too early to plan for this, and start thinking about how to fund this arising obligation. If you would like any support or advice regarding any staffing issues for your organization, contact our Human Resources Advisers on 0114 253 6633 Email: hr@vas.org.uk Visit: www.vas.org.uk Five myths about employment dispelled 1. When a fixed-term contract ends, you and your employee part company with a handshake and a pot plant. If they did, you might be left open for claim to the Employment Tribunal for unfair dismissal. The expiration of a fixed-term contract must be treated as a dismissal by way of redundancy to come under one of the five fair reasons for dismissal. If the employee continues working under a contract of employment with the same employer after the set termination date, then they become permanent employees. Contact us if you would like some help on compiling a clear redundancy procedure. 2. You have to hold job interviews to meet equal opportunities requirements. This is not true. You must not break the laws on discrimination that currently protect against direct or indirect discrimination due to sex, age, race, disability, sexuality, religion and culture, or age. However you can appoint who you like, using whatever method you like, as long as it is not discriminatory and they have the right to work in the UK. A word of warning however - appointing someone without a careful process may cost you more in the long run if they require remedial management, go against good practice policy of providing a fair and transparent process, or if a funding contract requires that you recruit openly. There is an argument that by opening a post up allows you to recruit the best candidate for your organisation, although appointing from a small pool may mean that you save costs on recruitment for interim posts, for example. 3. It is best practice not to hassle employees that are off sick by keeping in touch with them. It is essential not to excessively badger any member of staff off sick, but it is very sensible to keep in touch with an employee about their illness. It fosters good employee relations and as part of a robust sickness absence management policy, can promote wellbeing and a quicker return to work. As usual, handle each case individually and where appropriate, seek advice. 4. I do not have to give a written contract until the end of the probationary period. This depends upon how long the probationary period is. Employees must receive a written statement of terms and conditions within two months of starting employment that includes the most basic terms and conditions and details of disciplinary and grievance processes. 5. My organisation only has three staff, so I don't need to worry about pensions. You might not yet, but you will do soon. In 2012 all employers will have to auto-enroll qualifying staff into a suitable scheme and pay a minimum contribution of 3%, so it's not too early to plan for this, and start thinking about how to fund this arising obligation. If you would like any support or advice regarding any staffing issues for your organization, contact our Human Resources Advisers on 0114 253 6633 Email: hr@vas.org.uk Visit: www.vas.org.uk