Now that we’re into the summer, here are a few things in relation to your business that you might find helpful to have on your radar.
- TUPE changes
- Summer staffing changes
- Supporting staff in hot weather
1. TUPE Changes
If the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) applies to a service provision change or the buying or selling of a business or part of one, information and often consultation with ‘appropriate representatives’ is usually required. For many businesses, this often involves the need to hold elections to get employee representatives in place specifically for TUPE purposes as they don’t have any existing appropriate representatives already, such as a recognised trade union.
For TUPE transfers taking place on or after 1st July 2024 the law is changing. For employers with fewer than 50 employees and employers of any size, involved in a transfer of fewer than ten employees, TUPE information (and where required TUPE consultation) can be carried out directly with affected employees. This is providing there are no existing employee representatives in place and the employer has not invited any of the affected employees to elect employee representatives.
If you have a potential TUPE situation, please get in touch for advice on your business’s specific circumstances and guidance on the steps to take.
2. Supporting Staff in Hot Weather
If we get a particularly hot spell of weather over the summer, you may wish to consider from a HR perspective if there is anything you can do to help support employees and maintain productivity. Depending on your business and employees’ roles you may want to think about whether it’s appropriate to take steps such as:
- Temporarily relax your dress code / uniform policy to enable your employees to dress more coolly in the workplace so they are more comfortable. In this situation, it will be important to be clear about what the temporary standards are and how long they will be in place. We can support you with a memo to communicate the position to your employees if this is something you wish to do at some point, so please do get in contact if we can help.
- Allowing employees to work from home to avoid travelling when it is particularly hot or if travelling conditions are likely to be significantly more difficult than usual, for example on public transport.
- Reminding employees of the importance of staying hydrated.
Bear in mind that some employees may be more affected by particularly hot weather than others, for example, if they have a disability, and it’s important to deal with such situations appropriately.
3. Summer Staffing Changes
If you are expecting your business to be particularly busy over the summer you may be thinking about recruiting additional employees to cover the upturn in work.
If so, here’s a few things you may wish to bear in mind:
- Employment contracts – Think about what sort of employment contract would work best for your business, for example, if the amount of work you have available will vary. You may not always be in a position to give an employee work so a zero-hours contract may be an option. If you need an employee for a limited period only, for example, to cover an upsurge in demand over the school summer holidays, a fixed term contract may meet your needs. Want to have a chat about your situation and your contract options? Get in touch.
- Fair recruitment – Even if you need to recruit quickly, it’s important to do so fairly and to keep appropriate records of the process you have followed. If a disappointed applicant challenges your recruitment decision, for example, they allege discrimination, you will need to be able to show that you have acted appropriately.
- ‘On-boarding’ – Having a good induction process can help to set your business up for success – making sure your new starter knows what’s expected of them, is familiar with your workplace policies and procedures and has had any necessary training can help them to get them off to a good start and reduce the likelihood of issues arising. If you do experience problems with a new starter, please get in touch. If they aren’t working out, it may be possible to dismiss them quickly and more easily than an employee who has sufficient service to claim ordinary unfair dismissal but it’s vital to check that this is a safe course of action for your business in advance. This is because there are some claims employees can bring from day one of their employment so it’s important not to inadvertently make a mis-step.
- Working time – Whilst many managers are familiar with the basic rules on working time and rest breaks for adult workers (those over 18), it’s important to remember that there are different, more restrictive, rules for young workers. Need more information on this? Please get in touch.
Keep up-to-date with more legal updates here.