How to guide on nanny employment contracts

Parenting has always been toted as the most honourable job in the world but that doesn’t mean you have to go it alone when children and babies prove demanding or complicate your ability to pursue your career.

It is for this reason that many parents take the decision to hire a nanny to look after their children, either to allow them to stay in work or to give them a helping hand with the daily chores involved in childcare.

Get it in writing

When considering hiring a nanny, it is paramount to draw up a nanny employment contract to ensure a mutual agreement is stuck between you, the employee, and your nanny, who is entitled to their employee rights.

When you first take the decision to hire a nanny, you will want to decide whether they will be live-in, providing more round-the-clock care, or live-out, who are only there during the hours you specify.

Keep in mind that as a small employer, you must legally provide a written statement, such as a nanny contract, which outlines the main terms and conditions of employment for your nanny or domestic helper.

This will ensure that you meet at least the minimum standards of employment, which should help you to build a positive relationship with your nanny as they come to understand that you value their rights, as well as setting out provisions for mutual benefit.

Tax and pay

Now that you have become an employer, you will be responsible for ensuring that your nanny’s tax contributions are paid, which will first require you to contact your local tax office to register as a new employer.

It is also up to you to make sure that your nanny’s national insurance contributions are paid on any earnings over the tax threshold.

You will be obliged to pay your nanny the national minimum wage.

Hours and leave

It is worth mentioning at this point that you are not legally allowed to insist that your nanny works more than 48 hours per week; however, you can agree together for them to work longer hours in a clause to be included in the nanny contract.

As an employee, your nanny has a right to receive a payslip outlining how much they have earned for that period, as well as detailing where tax deductions and national insurance payments have been made.

Regardless of whether you hire your nanny on a part or full time basis, they are entitled to four weeks’ paid leave per annum and it is up to you to negotiate holidays with your employee.

The nanny contract will also set out the terms for notice of termination, which is one week’s notice in the first month and typically a full month’s notice thereafter, which applies to both employer and employee.

If your nanny becomes pregnant while in the role, then just like employees in any other position, they have full maternity rights that you must adhere to, including maternity leave and pay.

For more information on nanny contracts or to download a nanny contract template, see Lawpack’s Nanny Employment Contract.

How the Equality Act 2010 impacts employers

Earlier this month, the government made the commencement order which brought 90 per cent of the Equality Act 2010 into force.

It included several new pieces of legislation designed to strengthen equality laws for the benefit of job seekers and employees.

It also sought to simplify current rules on equality by bringing existing pieces of legislation together.

In total, nine sets of regulations are included un the Equality Act 2010, including the Equal Pay Act 1970, the Sex Discrimination Act 1975 and the Disability Discrimination Act 1995.

The government claimed the new legislation would ease the burden on employers, but not everyone agrees.

Indeed, the British Chambers of Commerce warned that the act would have a one-off cost to businesses of £189.2 million.

But what does it mean for employers in practice and what sort of changes will they have to make in order to comply with employment law?

The first of the provisions included in the Equality Act 2010 is a change to the basic framework of protection against direct discrimination.

This type of discrimination will now be defined as less favourable treatment because of a protected characteristic, such as disability, sex, race or religious beliefs.

Protection will also now be included for those who are discriminated against because they are perceived to have, or as associated with someone who has, a protected characteristic.

In terms of indirect discrimination, protection will be extended in this area to cover all protected characteristics, including disability and gender reassignment.

For the latter of these two examples, the definition of gender reassignment will be changed by removing the requirement for medical supervision.

As a result of these changes, employers may have to scrutinise their recruitment policies and keep a close eye on what goes on inside their workplace with regards to promotions, training and other career opportunities.

Harassment and victimisation laws have also been beefed up in the new act and although the basic definitions are largely unchanged, there is now no reason for unwanted conduct to be related to protected characteristics to warrant liability.

Furthermore, employers can be held responsible for harassment or victimisation by a third party, such as another employee or a customer, if they knew about the conduct but did nothing to stop it.

One of the most highly-publicised measures contained in the Equality Act 2010 was the move to make pay secrecy clauses unenforceable.

Secrecy clauses in employment contracts are sometimes used to prevent employees from discussing pay and bonuses with one another.

Now, individuals who do talk about their salaries will be protected from victimisation if action is taken against them by their employer.

One of the aims of this particular piece of legislation is to end salary inequality between men and women doing similar jobs.

Another of the act’s major headline laws is a measure to prevent employers from asking questions about disability and health before offering positions to job applicants.

The aim of this rule is to put a stop to discrimination against disabled people during the recruitment process.

New powers for employment tribunals have also been brought in which will enable them to make recommendations that benefit the whole workforce.

At present, they can only award financial compensation to an individual who brings a claim of discrimination, harassment or unequal pay.

Now they will be able to suggest, for example, that a company reviews its recruitment policies, takes another look at its pay structures or provides additional staff training, for example.

The Equality Act will affect employers in England, Wales and Scotland, and its measures could have a bigger impact on smaller firms who may not have in place the policies that large organisations often have to prevent discrimination.

On October 1st the majority of the act was enforced, but further provisions are due to be introduced at a later date, so companies should keep a close watch on new announcements to make sure they do not fall foul of the law.

Posted by Christopher Evans

 

An employer’s guide to different types of discrimination

by Nadine De Souza

Discrimination is illegal at all stages of the employment process (i.e. advertising, vacancies, engagement of employees, promotion, training, benefits, dismissal and retirement). This protection covers more than just employees and includes the self-employed and those with a contract of service or working under an apprenticeship.

If an employee thinks that they have been discriminated against, then they can bring a claim in an employment tribunal. There is no qualifying period of service to bring a discrimination claim and no maximum award, so you must try to avoid a discrimination situation.

How to avoid a discrimination claim

An employer is liable for anything done by its employees in the course of their employment, whether or not it was done with the employer’s knowledge or approval.

However, it’s a defence if the employer can prove that it took reasonable steps to prevent an employee from doing a certain act. If the employer wishes to rely on this defence, it must be shown that positive steps have been taken to address the possibility of discrimination occurring in the workplace.

The best way to avoid discrimination is to make sure that it doesn’t happen in the first place. Employers should have an equal opportunities policy. An equal opportunities policy is also part of Lawpack’s Staff Handbook.

Employees must be shown this policy and educated about different types of discrimination and warned of its consequences. Employees should be told that all acts of discrimination will be taken very seriously by the employer and will be considered gross misconduct.

Types of discrimination

It’s against the law to treat someone less favourably than someone else because of a personal characteristic, such as age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership, pregnancy and maternity.

There are different types of discrimination including direct discrimination, indirect discrimination, harassment and victimisation. Some examples of discrimination are introducing policies that discriminate against workers (e.g. a benefit for married employees but not for those in a civil partnership, or failing to make reasonable adjustments for a disabled employee).

Dealing with a discrimination claim

Complaints of discrimination can be very disruptive to the workplace and must be dealt with very carefully. If an employee complains of discrimination, consider whether an informal approach to the alleged discriminator would be appropriate; for example, if it’s a less serious complaint or the first instance of discrimination.

Consider whether the person complaining of discrimination wants an informal approach or would prefer more formal action to be taken. If an informal warning is appropriate, the alleged discriminator should be consulted to explain that the conduct is upsetting the employee, that it’s considered discrimination and must not continue.

The employee should also be warned that the matter will be kept under review. The employee must be shown the policy which is in place and warned that if matters don’t improve, disciplinary action will be taken.

The person who has complained should be kept informed of the warning given and told to inform the employer if they have any further complaints against the alleged discriminator.

Where an informal approach is inappropriate or if the complainant wants formal action to be taken, the disciplinary procedure should be followed in the following way:

  • Ask the victim for a full statement
  • Suspend the alleged discriminator pending an investigation
  • Take statements from all staff who can provide evidence about the alleged discrimination
  • Interview the alleged discriminator and ask them to provide a statement
  • If there is any substance to or doubt about the discrimination, then you will need to hold a disciplinary hearing to give the alleged discriminator the chance to answer the complaint or justify or excuse their conduct
  • If you decide that the discrimination did take place, you have to consider a penalty. If it’s a serious case, then the penalty could well be dismissal. If the discrimination is less serious, then a final written warning should be enough.

Exceptions to the law against discrimination

There are a number of areas where exceptions to the law against discrimination exist. The main ones are:

  • Positive action: Employers are entitled to take voluntary positive action if they think that employees or job applicants who share a particular characteristic suffer a disadvantage connected to that characteristic, or if their participation in an activity is disproportionately low.
  • Genuine occupational requirement: In limited circumstances it may be lawful for an employer to discriminate if it’s a genuine occupational requirement for the jobholder to have a particular characteristic (e.g. a charity that helps female victims of domestic violence is advertising for a counsellor and they consider it to be a genuine occupational requirement for the jobholder to be female).

Help from Lawpack

This article has been adapted from Lawpack’s Employment Law Made Easy. If you want more in-depth information – from an employment lawyer – about all aspects of employment law, then read our guide Employment Law Made Easy. Packed with tips and expert advice on complying with employment legislation.

Why not download our Equal Opportunities Policy, so you have a solicitor-approved company policy in place?

Other information

 

External links

Published on: June 30, 2014

How to make staff redundant

by Nadine De Souza

Unfortunately, during these difficult economic times you may have to make a member of staff redundant. Read our essential guide below for the steps to ensure that any redundancies you make don’t fall foul of the law.

Redundancy exists when an employee’s dismissal is attributable mainly to the fact that:

  • The employer has stopped, or intends to stop, carrying out the business that the employee is employed for or that the company intends to relocate;
  • The need for the employee’s work has stopped or diminished, or is expected to (i.e. a reduction in the number of employees is required).

As an employer, you need to show that an employee’s redundancy is genuine. Therefore, you have to show that the employee’s job no longer exists. It’s also important to try to avoid redundancies before dismissing staff.

Step 1: Find alternative employment

Firstly, you must try and find alternative employment for the redundant employee within your organisation. If you offer your employee alternative employment, then it must be offered in writing and should be unconditional.

It must start within four weeks of the old job ending and the employee should be given a four-week trial period in which to try out the job.

If the employee doesn’t like it, then they don’t have to accept the job and will still be entitled to redundancy pay.

If the job is suitable but the employee refuses to take it, then they won’t be able to claim redundancy pay.

Step 2: Ask for voluntary redundancies

If you can’t offer alternative employment, then you can avoid compulsory redundancies by, for example:

  • Asking staff to apply for voluntary redundancies;
  • Asking staff to work flexibly;
  • Short-time working or lay offs.

If you ask your employees to volunteer for redundancy, you have to have a fair process for redundancy and just because an employee has volunteered for redundancy, it doesn’t mean that they will be selected.

Step 3: Offer shorter hours

It’s possible to ask staff to do short-time working if their employment contract allows it. Short-time working is when staff have no paid hours for a number of days a week

Step 4: Lay off your employees

You could also lay off your staff, which means that you ask them to stay at home or take unpaid leave. It’s a way to avoid redundancies, but you need to agree it with your staff first.

Step 5: Select people fairly

If voluntary redundancy isn’t possible, then you should select people for compulsory redundancy and make sure that you follow a fair procedure. Fair reasons for making staff redundant are their:

  • Skills, qualifications, aptitude;
  • Standard of work/performance;
  • Attendance record;
  • Disciplinary record.

You can also select employees on the basis of length of service which is ‘last in, first out’. However, don’t make this the only reason for selection as you must be careful that this isn’t age discrimination.

If you use the reasons below as the reason for making someone redundant, then the redundancy will be unfair. The reasons that are unfair are:

  • Pregnancy;
  • Family reasons, including parental leave or adoption leave or time off for dependants;
  • Acting as a trade union representative;
  • Being a part-time worker;
  • Age, disability, gender reassignment, marriage, civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

Step 6: Consult your employees

It’s very important to consult your employees about redundancy. If you don’t, it will almost certainly be considered unfair. There are no set rules about the consultation process if you’re making less than 20 people redundant.

Step 7: Give notice

After you’ve consulted your staff about redundancies, you have to give those employees selected for redundancy the statutory amount of notice. The amount of notice depends on how long your staff have worked for you.

  • 1 month to 2 years: At least a week’s notice
  • 2 years to 12 years: A week’s notice for every year worked
  • 12 or more years: 12 weeks’ notice

If you want your staff to leave earlier than the end of the statutory notice period, then you should pay them in lieu of notice.

Step 8: Look into redundancy pay

Your employees may be entitled to redundancy pay. To qualify the employee must have been working under an employment contract; have two years’ continuous service; have been dismissed, laid off or put on short-time working. You should give your employee a written statement of how their redundancy pay was worked out.

There is a formula to work out redundancy pay:

  • 1.5 weeks’ pay for each year of employment after the employee’s 41st birthday;
  • A week’s pay for each year of employment after their 22nd birthday;
  • Half a week’s pay for each year of employment up to their 22nd birthday.

Length of service is capped at 20 years and a week’s pay is capped at £464. The maximum amount of statutory redundancy pay is £13,500.

If you do have to make some employees redundant, you can get practical help from JobCentre Plus and their Rapid Response Service.

How to handle staff absences due to travel disruption

With the UK having recently experienced one of the worst winters since records began, many employees have struggled to get into work due to travel disruption.

But what can you do as an employer if your staff can’t get into work? What efforts should you expect your staff to make to get in? And what happens if your employee’s child’s school is shut?

Here are our top tips on how to handle the problem and your rights as an employer:

1. Get it in writing

You have no legal right to pay your employees if they’re unable to get to work because of travel disruption, but there may be contractual or customary practices in place.

Include these practices in your employment contract or staff handbook.

2. Be flexible

Although there is no legal right to pay your employees for travel disruption, the way you handle it could enhance staff morale, so it’s advisable to be flexible. Consider whether your employees can work from home or make up the hours at a later time.

3. Use technology

Technology can help to keep your business going when bad weather hits. Your employees can use laptops and smart phones to continue their work, even if they are unable to physically get to work.

4. Turn the days into paid holiday

If there is travel disruption, you could ask your employees to take paid holiday if you give the correct notice. This must be at least double the time that they want the employee to take, so for one day’s leave there has to be two days’ notice.

If the company’s employment contract sets out a different notice period, then this will apply.

5. Follow procedure

Always make sure that you follow fair and proper procedures when dealing with employees who are absent because of travel disruption to minimise the risk of complaints being made to an employment tribunal by your staff.

6. Write a staff policy

It’s a good idea to put an ‘adverse weather’ or ‘travel disruption’ policy in place that deals with what will happen in the event of bad weather or travel disruption.

It can deal with what steps employees are supposed to take to get into work and what will happen with pay and how the business will continue with the employees’ absences.

Having a policy will make it easier for all employees to understand what is required. Lawpack’s solicitor-approved Staff Handbook template includes clauses on staff attendance and time off for dependants, so you can get a professional staff policy in writing easily and quickly.

7. Encourage your employees to have a back-up plan

Your employees can take measures to help themselves, such as planning extra commuting time when there are known problems with public transport. If their child’s school is closed, then they should consider having a back-up childcare plan.

Employees are entitled to time off to look after their children. if their children’s school is closed. If the school is closed because of adverse weather, then this could be considered an emergency situation. Your employees are entitled to a reasonable amount of time off to sort out alternative childcare.

Help from Lawpack

If you want more in-depth information – from an employment lawyer – about all aspects of employment law, then read our guide Employment Law Made Easy. Packed with tips and expert advice on complying with employment legislation.

Why not download our Staff Handbook, so you have a solicitor-approved company procedure in place?

What to do if your employee resigns

All employers will have to face an employee resigning, but it’s important that you handle it in the right way. Here are some crucial tips to follow.

1. Get confirmation

You can’t refuse an employee’s resignation, but do get the employee to confirm their resignation in writing.

2. Confirm the notice period

Tell your employee what their notice period is and decide whether your employee needs to work all of it.

3. Communicate

Agree with your employee what their last day will be.

4. Impart the news

Consider how you will tell your other staff about the resignation. Perhaps a short, upbeat meeting is a good way to maintain staff morale and deal directly with any questions.

5. Finish off all projects

On a practical level, get your employee to wrap up their projects and leave handover notes for any unfinished work. Make sure you get other employees to cover the work left by the departing employee.

6. Inform your clients

If your departing employee has clients, then you will need to get your employee to tell them about the resignation and to make any necessary introductions.

7. Get a replacement

Consider when and whether you will begin looking for a replacement due to the employee’s resignation.

If you want more in-depth information – from an employment lawyer – about all aspects of employment law, then read our guide Employment Law Made Easy. Packed with tips and expert advice on complying with employment legislation.

What to include in a staff handbook

Producing a staff handbook could be one of the best moves you ever make as a company boss, as the document will resolve numerous issues and appease staff personnel over the years to come.

At first, you might think: ‘Do I really need to write an handbook?’. Here are our reasons why it’s vital for you and your business.

Why you need an handbook

1. It prevents confusion

The handbook will set out the company’s policies and values, so employees never have to be confused about where they stand on a certain issue.

There are many examples of matters staff might be worried about bringing up in person, so kitting them out with an handbook will give them the chance to answer their own questions.

2. Use it as an induction tool

It will be invaluable when recruiting or inducting members of the workforce, as it can be used effectively as an introduction and guide to the business. This will enable new recruits to get up to speed quickly.

How to write a staff handbook

If you decide to write a staff handbook yourself, you should consider some of the practicalities of doing so:

1. Staff inclusion

Can you involve your employees in the process so that the information they want is included?

2. Format

What format should the handbook be published in? An electronic version may now be the best option.

3. Style

Think about the style in which you write, as it’s vital that you’re clear and concise. Stick to short and sharp sentences that leave no room for doubt.

4. Contents

Most importantly of all, you will need to include the right contents in your staff handbook, or risk it becoming relatively worthless. After all, if you produce a document but omit vital details, staff will still have to come to you for guidance and information, making the whole process pointless.

There should be details relating to the employees’ terms of employment, including their training, attendance and appearance at work.

Details of absence and time off for dependants should also be covered.

You must also explain what hours people are expected to work and whether there is any potential for flexible or remote working to occur.

Finally, it should include information on health and safety in the workplace, a redundancy policy and grievance procedure.

Professional template

If you don’t want to write an handbook yourself, Lawpack’s Staff Handbook template has been professionally written by an employment lawyer and includes all the clauses you need to protect your company legally. Available to download and use instantly.

What goes in an employment contract?

by Nadine de Souza

The best way to ensure that there are no future disputes is to get your employment contract in writing. It’s the best way to safeguard against future disputes.

So what goes in an employment contract? The purpose of an employment contract is to set out the rights, responsibilities, duties and employment conditions. These are called the ‘terms’ of the contract.

Express terms

These are the terms that are agreed by the employer and employee. These may be written or oral, but it’s obviously preferable to put these terms in writing as if there is a dispute in the future it will be easier to prove what was agreed.

Even though in practice express, oral terms may be just as binding as written ones, they are very much more difficult to prove.

Implied terms

These terms are not stated expressly in the contract because:

  • They are too obvious to be recorded.
  • They are common practice within the particular business or industry and are precise, reasonable and well known.
  • They are necessary to make the contract work.
  • The parties to the contract have shown by their behaviour their acceptance of such terms.

A term is not implied simply because it would be reasonable to include it. There are terms which are accepted as commonly implied in employment contracts relating to the employer’s and the employee’s duties. The employer’s duties are:

  • To pay wages.
  • To co-operate with the employee and maintain mutual trust and confidence.
  • To take reasonable care for the health and safety of the employee.
  • To take reasonable steps to bring to the employee’s attention any contractual rights which are dependent on his taking action, but which the employee may be reasonably unaware of.
  • To exercise pension rights in good faith.
  • To deal reasonably and promptly with employees’ grievances.
  • To give a reasonable period of notice of termination when no specific period of notice has been agreed.

The employee’s duties are:

  • To work for the employer with due diligence and care.
  • To co-operate with the employer, including obeying lawful orders and not impede the employer’s business.
  • To follow a duty of fidelity, i.e. not compete with the employer and not disclose confidential information unless it’s in the public interest.
  • To take reasonable care for their own safety and that of fellow employees.
  • To give a reasonable period of notice of termination when no specific period of notice has been agreed.

Statutory terms

These are terms imposed by legislation which automatically apply to any contract.

It’s also possible for terms to be incorporated into a contract of employment from other sources, such as a staff handbook.

Help from Lawpack

If you want more in-depth information – from an employment lawyer – about all aspects of employment law, then read our guide Employment Law Made Easy. Packed with tips and expert advice on complying with employment legislation.

This article has been adapted from Lawpack’s Employment Law Made Easy.

How to deal with a request for flexible working

Work/life balance is very important these days and employees are looking at different ways of working. But it’s not just about work/life balance as business needs are also changing and customers want goods and services outside traditional business hours.

There are a number of ways in which your employees could ask to work flexibly: job sharing, working from home, working part time, compressed hours or flexitime. Any employee can ask to work flexibly, but they must have worked continuously for the same employer for 26 weeks.

Making a ‘statutory application’

The application must be in writing and must be:

  • dated;
  • say that they’re making the application under the statutory right to request a flexible working pattern;
  • give details about how they want to work flexibly and when they want to start;
  • explain how they think their flexible working will affect the business;
  • say if and when they’ve made a previous application.

The employer’s obligation to consider a flexible working application

As an employer, you have a legal obligation to consider any flexible work request in a ‘reasonable manner’. ACAS has published a Code of Practice to inform customers on the procedure for dealing with such a request.

You must make a decision within three months of the request (or longer, if the employee agrees).

If you agree to the flexible working request, you should write to the employee outlining the agreed changes in working hours and the date when they will start working flexibly.

You should also give the employee a new employment contract. You can download a solicitor-approved employment contract from Lawpack.

Refusing a request

You can only refuse a request for flexible working if you have a clear business reason such as the:

  • burden of additional costs;
  • detrimental effect on the ability to meet customer demand;
  • inability to re-organise work among existing staff;
  • inability to recruit additional staff;
  • detrimental impact on quality;
  • detrimental impact on performance;
  • insufficiency of work during the work period proposed; and
  • planned changes to the workforce.

Appeals

Employees no longer have a statutory right to appeal. But, as an employer, you are proving that you have handled the request in a ‘reasonable manner’ by offering an appeals process.

An employee can go to an employment tribunal -within three months of the request – if the employer:

  • didn’t handle the request in a ‘reasonable manner’;
  • wrongly treated the employee’s flexible working application as withdrawn;
  • dismissed or treated an employee poorly because of their request (e.g. refused them a pay rise or promotion); or
  • based its decision to reject the application on incorrect facts.

Help from Lawpack

If you want more in-depth information – from an employment lawyer – about all aspects of employment law, then read our guide Employment Law Made Easy. Packed with tips and expert advice on complying with employment legislation.

How to prepare for the new flexible working rules

As of 30 June changes to the procedure for flexible working requests will take place. All employees who have worked 26 weeks continuously for an employer will be able to ask if they can work flexibly. Previously only carers had the statutory right to make such a request.

But how do you prepare your company for this change in legislation. Read our top tips on how to handle the law change:

1. Remember that the old rules still apply

Any requests for flexible working made before 30 June still have to be processed under the old rules, so don’t throw out your old flexible working policy just yet.

2. Explain to your staff who is now eligible

All employees who have worked for you for 26 weeks continuously before the request can now ask to work flexibly, whether they are carers or not. They must not have made a similar application in the previous 12 months.

3. Inform your employees what they need to provide to make a request

In the current draft code of practice it states that employees must provide you with the following:

  • The application date, the changes they want to their hours and when they want flexible working to take effect.
  • What effect they think the requested change will have on the company and how it can be dealt with.
  • A statement that it’s a statutory request and if and when they have made a previous application for flexible working.

Requests still need to be in writing. If you can, draft a flexible working application to give to your staff.

4. Decide on how long the company will take to process requests

Under the old rules employers had to meet strict deadlines on how quickly they had to hold a meeting with the employee making a request. With the new law change, you now don’t have a strict timetable to follow, but you must get back to the employee within three months. However, the old time limits do comply with the new rules, so you can keep this in place in your flexible working policy if it’s easier for you not to change it.

5. Allow employees to be accompanied at the flexible working meeting

Once you receive a written request it’s best to have a meeting with the member of staff to discuss it. But if you intend to approve the request, then you don’t have to hold a meeting. Under the new legislation you’re not obliged to let the employee be accompanied by a colleague at this meeting, but it’s still advisable to keep this in place.

6. Keep in mind the grounds on how you can turn down a request

These haven’t changed. You can only reject a request for one of the following business reasons:

  • The burden of additional costs
  • An inability to re-organise work amongst existing staff or to recruit additional staff
  • A detrimental impact on quality or performance, or the ability to meet customer demand
  • Insufficient work for the periods the employee proposes to work
  • A planned structural change to your business

7. Still allow an appeal process

You now really don’t need to have an appeal process in place after 30 June, but it’s wise to still do so. An appeal stage for requests that are turned down helps you to ensure that you have dealt with the request in the “reasonable manner” required under the new legislation. All requests, including any appeals, must be considered and decided on within a period of three months from first receipt, unless you agree to extend this period with the employee. This extension period hasn’t been changed under the current legislation.

8. Inform your managers and employees of the law change

Your managers will need to know how to handle the new rules and your staff will need to know their new rights. It’s good for company relations for an employer to circulate communication on the changes.