3.0 Your responsibilities as an employer

3.1 Legal obligations when employing your first worker

You must register as an employer with HM Revenue & Customs if one or more of the following apply:

  • the worker already has another job
  • they are receiving a state or occupational pension
  • you’re paying them at or above the PAYE threshold
  • you’re paying them at or above the National Insurance lower earnings limit
  • you’re providing them with employee benefits.

Once registered, you must deduct income tax and National Insurance contributions from their pay using the PAYE system.

3.2 Employing young workers

Young people over 16 and below 18 years of age are known as young workers. There are laws that give special employment rights to young workers. These concern their health and safety, what jobs they can do, when they can work and how many hours they can work. More information can be found at http://www.businesslink.gov.uk

3.3 Ensuring your business is properly insured

If you employ anyone, you’re legally required to have employers’ liability insurance. This provides cover against claims made by employees for injuries or illnesses they’ve suffered as a result of working for you. You must ensure that you display your certificate of insurance or provide access to an electronic copy where employees can easily access it – for example, on your company intranet.

3.4 Complying with health and safety laws

You have a legal obligation to provide your workers with a secure, safe and healthy working environment. Your responsibilities are likely to include:

  • meeting fire safety standards
  • carrying out risk assessments
  • providing clean toilets and sanitation facilities
  • reporting accidents or dangerous incidents in the workplace to the relevant authorities.

3.5 Working time and rest breaks

To comply with the law you must not ask your workers aged 18 or over to work an average of more than 48 hours per week on average, unless they give you their voluntary consent in writing. You must also allow workers to have minimum daily and weekly rest periods.

3.6 Keep the right staff records

As an employer, you are legally obliged to gather and retain staff records for certain reasons.. There are also other records you should keep as a matter of good practice.

You must ensure that you collect, store and process these records securely.

Staff records you must keep
You must keep staff-related records on:

  • pay rates – to meet the statutory requirement to issue workers with pay statements and to ensure you are paying your workers at least the national minimum wage
  • payroll – i.e. on income tax and National Insurance deductions – for HM Revenue & Customs
  • sickness of more than four days and how much statutory sick pay you have paid
  • accidents, injuries and dangerous occurrences – to meet health and safety requirements
  • You must also keep records to ensure that weekly working time and night work limits (under the Working Time Regulations) are complied with in your business. It’s up to you to determine what records you need to keep for these purposes, but you * may be able to use existing records maintained for other purposes, such as pay.

Staff records you should keep
It’s good practice to keep records of each worker’s:

  • training and appraisals
  • employment history – date employment began, promotions, job title(s)
  • absence – records of lateness, sickness, and any other authorised or unauthorised absences
  • personal details – name, address, emergency phone number(s), qualifications, work-relevant disability
  • terms and conditions of employment – including a copy of each employee’s written statement and correspondence relating to any changes to their terms and conditions.

    The training TBG Learning offers ties in very well with our own pre-employment programme and they support their customers extremely well. We’re keen to work with the local community and the local workforce, to ensure the hotel is a valuable asset to the area.

    So far we’ve employed three new staff through TBG Learning and they’ve been fantastic additions to our team.

    Carly Whitcombe, Jurys Inn, Human Resources Manager

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    Every year more than 35,000 people participate on a TBG Learning programme. Here are some of our successful learners and job seekers, read about how they’ve achieved their goals.