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.