Frequently asked questions

What's the difference between disciplinary and grievance procedures?

A disciplinary procedure deals with complaints made by the employer about the employees’ actions. A grievance procedure deals with complaints by the employees.

Do I have to have a procedure for grievance and disciplinary?

Yes you do. You can get copies of examples from Derby CVS. .Remember the member of staff has the right to be accompanied by a Trade Union representative or colleague.

But you may have heard that the Government reviewed the current system for dealing with grievances and disciplinaries and found that it was too bureaucratic. They are bringing in amended procedures in April 2009. ACAS have drafted a new code of practice and in summary; disciplinaries should be dealt with by
1. fact finding
2. informing the employee of the problem
3. holding a meeting
4. offering the right to be accompanied
5. reaching a decision, and
6. offering a right of appeal

The procedures will also bring changes for dealing with grievances. There will no longer be the requirement for the employee to raise a grievance in writing - this could be problematic for employers to begin with. But our advice is to look carefully at all complaints to see if they are a grievance, and deal with disputes when an issue first appears.

What holidays should I give my staff?

Currently, all employees are entitled to a minimum of 4.8 weeks, giving a total of 24 days per year if they work five days per week, which includes public holidays. From April 2009 the holiday entitlement increases to 5.6 weeks, a total of 28 days.

Most employers in the voluntary and community sector give a basic holiday entitlement of between 20 and 22 days plus bank holidays. If this is what you do, then these minimum changes don't affect you.
Remember for part time staff, they receive a proportionate amount of holiday and should not be treated differently, and particularly they shouldn't receive any less holiday because they are part time.

Should all staff be given contracts of employment?

A written statement of the main terms and conditions of employment must be given to employees within two months of starting work. This document is often referred to as the contract of employment but legally a contract exists whether written down or not.

I’ve been told that one of my employees has told another employee that he stole money from us. As this is gross misconduct I can dismiss him straight away, can’t I?

You must follow your disciplinary procedure. To dismiss without following a fair procedure could be unfair whether or not there is proof of the theft. If you do not follow a fair procedure, compensation can be increased by upto 50% by industrial tribunals.

How do we make sure we recruit the best person for the job?

List the duties in a job description then look at each one and work out the sort of person who could do the job in terms of their experience, qualifications, skills and knowledge, you then have a person specification. Measure your candidates against this specification

Does the law now say employers must pay into pension schemes for staff?

No. If you employ more than five people you must provide employees with access to a stakeholder pension scheme but you don't have to contribute.

What's the current National Minimum Wage?

Current rates (from October 2008):
Workers aged 22 and over, £5.73
Workers aged 18 to 21, £4.77
Workers aged 16 and 17, £3.53

What policies and procedures must we have and what ones could we take some time to develop?

You must have:

• Disciplinary and grievance
• Redundancy
• Equal Opportunities
• Harassment and bullying
• Internet and email
• Health and safety
• Child protection (if you work with young people)

Advisable to have:

• Maternity, paternity and adoption provisions
• Flexible working
• Training and development

Before you go and write a many-paged document, think; do you really need a full-blown policy or is it something that can be covered in a paragraph in your staff handbook? If you go into too much detail, you could be at risk of making a mistake, so keep it simple, one or two pages of A4 is enough.

Remember to check with your funding representative what the requirements of your funding agreement is, as they often state what policies they expect you to have.

And don't forget, some of this is already covered in your terms and conditions of employment document (contract).

What are the basics of maternity policy rates for maternity, paternity and so on?

All pregnant employees are entitled to paid time off for antenatal care.

All pregnant employees are entitled to 52 weeks' maternity leave (26 weeks' Ordinary Maternity Leave and 26 weeks' Additional Maternity Leave).

To qualify for maternity leave, your employee must tell you by the end of the 15th week before her baby is due. She must confirm she is pregnant, provide a MATB1 form (issued by the midwife usually at the 20 week scan) and what date she intends to start her leave. This start date can be no earlier than the beginning of the 11th week before the baby is due. The baby's due date is often referred to as the Expected Week of Confinement (EWC). The employer then writes back to the employee within 28 days of their letter confirming the return date. The employee can change this but must give eight weeks prior notice.

Pregnant employees who meet qualifying conditions based on their length of service and average earnings are entitled to up to 39 weeks' Statutory Maternity Pay (SMP), which is paid by their employers and mostly or completely refunded by the Government. The qualifying conditions are if they have been continuously employed for at least 26 weeks by the end of the 15th week before the baby is due. The employee must also have an average weekly wage that is equal to the lower earnings limit for NI contributions. SMP can be paid for up to 39 weeks: for the first six weeks, SMP is 90% of your average weekly earnings, and then for the remaining weeks, it is £117.18 or 90% of your average weekly salary, whichever is lowest (referred to as the standard rate). This rate is set by the Government and reviewed each April.

Maternity Allowance is available for employees who do not qualify for SMP, and the JobCentre Plus pays it for up to 39 weeks. To be eligible for MA, the employee is either employed or self-employed for 26 weeks out of 66 weeks before the baby is due, has average weekly wage of at least £30.

In April 2008, the law was amended to allow the same types of claim during Additional Maternity Leave (weeks 27 to 52) as during Ordinary Maternity Leave (weeks 1 to 26). This applies to women whose expected week of childbirth fell on or after 5 October 2008.

The main effects of this will be where company cars or mobile phones are provided to a woman who subsequently goes on maternity leave. Contractual annual leave (over and above the statutory minimum) will also be affected. From October it will also need to be paid during AML.

You are allowed to make reasonable contact with a woman on maternity leave for a number of reasons, such as to discuss arrangements for her return to work, developments in funding and so on.

Employees may undertake up to ten 'Keeping in Touch Days' during their maternity leave - allowing work under their contract of employment - with your agreement.

There is a compulsory two-week maternity leave after the birth.

Why do I need employer's liability insurance, what does it cover?

As you know insurance is important to protect your group against damage or loss. Once you agree to employ staff, you will also need to arrange to have Employers Liability Insurance.

Employers will be able to make the certificate of employer's liability insurance available to employees in electronic form (rather than having to display it physically) and certificates will no longer have to be retained for 40 years.

As an employer you have a legal responsibility for your employees, customers and public. You could be held liable and sued if an employee or member of the public is injured and you are found to be negligent. This insurance protects your group against claims for compensation following injuries received by your staff whilst they are doing their job.

Having this insurance is compulsory if you employ staff. By law, you must have this insurance for at least £5million. Most insurers give an automatic £10million cover.

The Health and Safety Executive can fine you up to £2,500 for each day that you do not have this insurance and they have confirmed that you employ staff.