Setting up a business in a different country can be a daunting process. It is important to note that there are several types of employment relationships in the UK. However, if you are engaging people to work for you they are very likely to be ‘workers’ or ‘employees’ unless they are very clearly self-employed.
As soon as you become an employer, it is advisable to have Employers Liability Insurance from an authorised insurer. This insurance will help you should need to pay compensation if an employee is injured or becomes ill because of the work they do for you.
In the event that an employer is unable to produce a valid certificate upon request, they may be liable to significant fines.
All workers must show that they have the legal right to work in the UK, regardless of their background. The Government provides a checklist of documents that must be produced by a prospective employee in order to show that they are eligible to work in the UK. As an employer you must ensure that you have seen the original documents of the prospective employee and have checked their validity.
New employees must be given a Written Statement of Terms and Conditions of Employment within two months of their start date although good practice is to give this information before the start of employment.
Almost all workers are legally entitled to 5.6 weeks’ paid holiday per year (known as statutory leave entitlement or annual leave). An employer can include bank holidays as part of statutory annual leave. You may provide more holiday than this if you wish.
Employees must not work more than 48 hours per week over an average period of 17 weeks unless they agree in writing to do so. Minimum rest breaks also apply and there are additional rules applying to night work and young employees.
The Government sets a minimum wage for all workers in the UK, which is increased every year.
In addition to Employer’s Liability Insurance, it’s crucial for businesses to comply with health and safety regulations in the UK. This includes conducting risk assessments, providing necessary safety equipment and training, and establishing clear safety protocols in the workplace. Failure to adhere to these regulations can result in fines, legal liabilities, and even the closure of your business in severe cases.
UK employment law prohibits discrimination based on factors such as race, gender, age, disability, religion, or sexual orientation. Employers must create a workplace that promotes equality and diversity. This involves implementing anti-discrimination policies, providing equal opportunities for all employees, and addressing any instances of discrimination promptly and fairly.
If your business processes personal data, you must comply with the General Data Protection Regulation (GDPR) in the UK. This involves ensuring data privacy, obtaining consent for data collection, and having data protection policies in place. Non-compliance can result in substantial fines.
Having clear and well-drafted employment contracts is crucial to avoid misunderstandings and disputes. Employers should also be aware of the various methods of dispute resolution available, such as mediation and employment tribunals, and know how to handle grievances and conflicts in a legally compliant manner.
UK employment law is subject to change, so it’s important to stay updated on the latest legislative developments and adapt your practices accordingly. This can be done through legal counsel, industry associations, or government resources.
In summary, navigating UK employment law involves more than just understanding the basic rights and responsibilities of employers and employees. It requires a comprehensive understanding of various legal aspects, including health and safety, discrimination, termination, benefits, and data protection, among others. Staying informed and seeking legal guidance when necessary is essential for running a successful and compliant business in the UK.
In today’s interconnected world, UK-based businesses often seek to hire skilled individuals from other countries. However, the process of securing the right visas and complying with immigration regulations can be complex. It might take some time to really get through the process of Hiring Overseas Workers. Hence, a deep understanding of Sponsorship License is a must for the businesses planning on hiring any overseas talent.
There are two main categories:
Choose the appropriate licence based on the type of workers you need.
Resident Labor Market Test:
In most cases, you must advertise the job to resident workers before hiring overseas talent.
Exceptions exist for certain roles and if the job is on the Shortage Occupation List.
Certificate of Sponsorship (CoS):
Once you obtain a sponsorship licence, you’ll need to issue a CoS to your overseas worker.
The CoS contains vital information, including job details, salary, and the start date.
Immigration Law Expertise:
Assistance with Regulatory Requirements:
Handling Complex Cases:
Davenport Solicitors can assist with more intricate cases, such as challenging visa refusals or aiding employees in switching visas.
Hiring overseas workers for UK-based businesses can be a strategic move to access diverse skills and perspectives. However, the process involves intricate legal and regulatory requirements, including obtaining a sponsorship licence. Seeking assistance from us can streamline the process, ensuring that your business adheres to immigration laws while successfully recruiting overseas talent.
In conclusion, the decision to hire overseas workers should be made carefully, considering the specific needs of your business. With the right guidance and legal support, you can harness the potential of an international workforce and contribute to the growth and success of your UK-based company.