Struggling with Staffing issues?
Is your business one of the many that are experiencing staffing issues? From ‘no-show new starters’ to employees working overtime we take a look at some of the matters you may find yourself dealing with.
No-show new starters
You’ve finally found the new recruit you want; they’ve accepted your job offer but are they actually going to start?
For many businesses this seems far from certain at the moment. In an increasingly competitive market, it’s not uncommon for job seekers to back out of an accepted offer, often because they have secured something ‘better’ elsewhere. This is often a doubly frustrating experience for employers as there’s usually nothing to be done in terms of taking action against the individual who has let them down.
What can businesses do? The best approach is to try as far as possible to reduce the likelihood of this happening by ensuring your business remains as attractive and competitive as you can. This may seem easier said than done with many businesses feeling the financial squeeze, but it’s not just pay and benefits that always make the difference. Increasingly many job seekers are looking at things such as flexibility and progression opportunities. With many job changes motivated by negative experiences with a current employer, there’s still scope for businesses to stand out to job seekers when it comes to workplace culture.
Employees working overtime?
Many businesses will be relying on employees working overtime, perhaps to cover staff shortages or to meet an increase in demand. If this is happening in your business it’s important to:
- Check you have opt-out agreements in place for your adult workers if these are needed. Subject to a few exceptions, adult employees can’t usually work more than an average of 48 hours a week (calculated over a 17-week reference period). This includes overtime, so don’t get caught out. Want to know more about voluntary opt-out agreements? Get in touch
- Remember that there are rules about rest for employees (even if an adult employee has an opt-out agreement in place, in most cases they will still usually have the same minimum rest entitlement as normal). Bear in mind the statutory minimums for adults:
- In work daily rest break: 20 minutes if the worker will work more than 6 hours
- Daily rest: 11 consecutive hours rest in each 24 hour period
- Weekly rest period: 24 uninterrupted hours of rest in every seven day period or one uninterrupted 48 hour rest in every 14 day period
There are different, more stringent rules for young workers and special rules can apply for adults in some situations so get in touch if you need advice. It’s also important to check your contracts of employment as you may have given your employees enhanced rights, such as a contractual entitlement to a longer in work rest break.
- Make sure you and your employees are clear about any pay arrangements that are in place regarding overtime. This can help to avoid unnecessary disputes from arising.
Managing fixed term employees?
It’s important to ensure that fixed term employees are treated appropriately even if they are only going to be working for you for a short time. A couple of mistakes employers sometimes make are:
- Not issuing a fixed term employee with a contract of employment
- Being unaware that the non-renewal of a fixed term contract is classed as a dismissal in law. That’s right – even though the fixed term contract will have an end date set out in it! What this means in practice is that you should contact us in good time before the contract is due to end for specific advice on the facts of your case and the steps to take. There are claims even short serving employees can bring so it’s important not to get caught out.
Affected by an issue in this Blog? Get in touch for advice