TEY 13.2

ELLA HALLIDAY IS THE FOUNDER AND MANAGING DIRECTOR OF CHILDCARE HR E mployment law is a minefield, and there is a whole host of conflicting, jargon-filled information out there that makes it even trickier to understand. Here, I’ll share exactly what you need to do as an employer in the UK to be legally compliant, from right-to-work checks and policies to dismissals and reference requests. HIRING AN EMPLOYEE So you’ve found the perfect hire – amazing! There are a few things you need to do at this stage to get on the right track. Not having the basics in place during your onboarding process can lead to significant fines. What must you have in place? A contract of employment or statement of particulars Right-to-work checks Job description Keeping Children Safe in Education (KCSIE) requirements Contract of employment A contract of employment is a legally binding contract between the employer and employee that outlines what the employee is legally entitled to. As a minimum, your contract of employment needs to cover: Name and address of employer and employee Job title Rate/date of pay Hours of work and details of any rest periods Holiday entitlement Probationary period How long the contract will last Any mandatory training required and who will pay for this Any contractual benefits, e.g. sick pay, pension arrangements EMPLOYMENT LAW: What employers need to know Legal deductions to pay, e.g. overpayments, training agreements Details of the disciplinary and grievance procedures Any other contractual arrangements, e.g. maternity or paternity enhancements These statements of particulars need to be given as soon as possible and no later than two months after the employee’s start of employment. Failure to provide a contract can result in an award that is equal to two weeks’ pay at their agreed rate. Job description Often overlooked is the requirement for a job description that is up-to- date and gives the employee an understanding of their role and responsibilities. Again, this should be given within two months of them starting. A job description not only helps your employee understand what is expected of them but also helps you if there are any concerns about the employee’s performance and will support your assessment of their probationary period. KCSIE Under the KCSIE guidelines, you are required to ensure that all employees are safe to work with children. During the recruitment process this includes: A Disclosure and Barring Service (DBS) check at the suitable level for the role Relevant employment references from previous childcare roles, or covering at least the last two employers Right-to-work checks Right-to-work checks sit separately to the KCSIE or DBS requirements. They are a vital part of the recruitment process and determine a candidate’s eligibility to work in the UK. It’s a simple process that can save you up to £60,000 per employee if you are found to have not carried out the necessary steps. If they are a UK citizen, you will need proof of address and an ID document, such as a passport or driving licence. This needs to be seen in person and a copy taken and placed on their employee file. If they are a non-UK national, follow the Gov.uk guidance on checking their right-to-work documents. All right-to-work checks should be completed before they join your setting. You are required to ensure that all employees are safe to work with children. 62 Teachearlyyears.com