It’s no secret that finding the right employees is essential to the success of any business. You want to find top talent to help your business achieve its goals, but you also need to ensure that you’re following the law in terms of hiring. With all the legalities surrounding employee hiring, it can be challenging to know where to start. This article will outline some of the legal aspects you need to consider when hiring employees in your business.
1. Contracts
You first need to consider the type of contract you’re offering. Every hire needs to have a contract in place that outlines the terms of their employment. This should include their salary, hours, vacation entitlement, and any other benefits you’re offering. It’s essential to ensure that you include all of the relevant information in the contract so that there are no misunderstandings.
When writing a contract for an employee, you should always get advice from a lawyer to ensure it’s legally binding. This will protect you and the employee in case there are any issues with the contract later. Ask your lawyer about clauses you should include in the contract, such as a non-compete clause or a confidentiality agreement.
You also want to ensure that you’re clear about the employment status of your employees. Are they full-time, part-time, or contractors? This will affect the contracts you need to put in place and their entitlements. You don’t want to accidentally misclassify an employee and end up in trouble with the law.
2. Data Security
Another legal consideration when hiring new employees is data security. Whenever you interview candidates, you will likely collect a lot of personal information about them. This could include their name, address, phone number, email address, and CV. You must ensure that you’re handling this information correctly and keeping it secure.
The best way to do this is to have a data protection policy outlining how you will collect, store, and use personal data. This policy should be available to all employees to know their rights and ensure their data is being protected. You should also ensure that you only collect the information you need and delete it when it’s no longer needed.
Some companies use a human resource management system that stores employee data electronically. These systems are designed to be secure and can help you easily track employee data. If you’re using one of these systems, make sure you’re familiar with the security features and using them correctly.
3. Discrimination and Equal Opportunities
In the UK, it’s against the law to discriminate against someone when hiring them. This includes race, religion, gender, age, or disability discrimination. You also need to ensure that you offer equal opportunities to all employees. This means that you should have the same selection criteria for all candidates and that you’re not giving preference to any particular group.
When you’re interviewing candidates, you need to make sure that you’re not asking any questions that could be seen as discriminatory. For example, you shouldn’t ask about their marital status or whether they have children. If you’re unsure whether a question is appropriate, it’s best to avoid it altogether. You can ask about whether the candidate can work the required hours or have any disabilities that might affect their ability to do the job.
It would be best if you also were careful when deciding who to hire. If you discriminate against a candidate, you could face legal action. To avoid this, ensure you base your decisions on the candidate’s qualifications and experience.
4. Health and Safety
When hiring new employees, you need to ensure that you comply with health and safety laws. Especially if you’re hiring someone to work in a dangerous environment, you need to ensure that they’re adequately trained and understand the risks involved.
It would be best if you also carried out a risk assessment of the job to identify any potential hazards. This will help you put in place necessary safety measures, such as providing safety equipment or training employees on how to carry out their work safely. Some jobs will also require employees to undergo a health check before they start work. This is usually the case for jobs that involve working with food or chemicals.
Depending on the type of work your employees will be doing, you may also need insurance. This is something you should discuss with your insurer before you start hiring employees. The health and safety of your employees are your responsibility, so you must be familiar with the laws and regulations surrounding this area.
When you’re hiring new employees, there are a few legalities that you need to be aware of. From data protection to discrimination, there are several issues that you need to consider. By familiarising yourself with the law, you can ensure that you’re hiring employees in a legal and compliant way.
