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Does your business need HR?
I am too small to need HR support, I only have 8 employees and I just do it all myself.
I have heard this all too often.
Now, what is the truth or the facts about this statement, or similar.
Now the size of your business, matters not to the government or the law in the UK.
Under the ACAS Code of Practice, there is no dispensation for only having x number of employees.
Every company, even a company with 1 employee (other than the main Director) still falls under the ACAS Code of Practice (which has been with us since March 2015, so over 10 years now) has to do a number of things when they are looking either at disciplinary and/or grievance hearings.
The director or manager (depending on how your company is structured) cannot be judge, jury and executioner. Under the Code, you should have 1 person to deal with an investigation, 1 person to deal with the disciplinary and 1 person (usually higher up in the company, so most likely a Director) to deal with the appeal.
So, for the chosen 3 people, are they all well versed in the law, what must happen at a disciplinary and/or grievance hearing?
Also, it’s meant to be private and confidential.
If your company even, has say 10 employees, that’s at least 2 people, who likely work with the third person who is the “accused”. Not only is it extremely unlikely that they would know what they are doing, but they are also likely to be biased one way or another.
Do you as a director, trust that the person with no previous knowledge of HR and Employment Law, will be able to deal with a disciplinary and/or grievance hearing.
Then there is also the law to worry about, what the invite to meeting letter has to contain.
Then we move onto what else should be in place. Wait a minute, there is no company handbook and no employee has a contract of employment?
Suddenly, it’s a mess.
If it does go to an employment tribunal, there is a 25% uplift to any award, if you fail to follow the ACAS Code of Practice.
So, many questions, so much trouble. All of which on top of all of that, you are still trying to run your business.
That’s where we come in. We are experts in HR and Employment Law. Give us a call, for a free no obligation discussion on all of this. We provide practical, commercially led solutions on all of your HR & Employment Law needs, either as a one off, or for an affordable monthly fee.
We are here 24/7 for our clients, as we are here when you need us and not when you don’t.
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