7 Employment Myths
We've clarified the truth on some of the most common employment law myths.
Myth 1: No employment contract exists if there is nothing in writing or signed.
Fact: Even verbal agreements are binding. An employment contract exists from the moment a job offer is accepted. Legally, an employer should within two months of an employee starting work, issue a written statement of terms and conditions of employment. Even if this document has never been issued a binding employment contract still exists. The written statement does not have to be signed so if an employer issues one but the employee does not sign it, the employer and the employee are still bound by the terms stated in it.
Myth 2: Holidays start to accrue once the probationary period is successfully completed.
Fact: Holidays start to accrue from the first day an employee is employed. The existence of a probationary period will not affect a new employee's length of service or statutory employment rights.
Myth 3: Employees can say when they take their holidays.
Fact: Employees requests for annual leave can be refused by an employer for business reasons. However, when considering leave requests employers should also bear in mind the employees family responsibilities and entitlement to rest periods. Based on business needs employers can specify certain periods where annual leave can or cannot be taken. Employers should consult with employees at least one month before any holidays are due to commence.
Employers are advised to agree with employees how and when employees should give notice of annual leave. But in the absence of any agreement it is recommended that the notice period should be at least twice the period of leave to be taken. So for example if a weeks’ leave is requested then two weeks’ notice should be given.
Myth 4: Employees on long-term sick leave should be left alone.
Fact: Although employers should not put undue pressure on employees who are on long-term sick leave, they are entitled to find out more information about the illness with the aim of establishing when and how the employee could return to work. This would include consultation with the employee and, with permission, writing to the employee's GP (and any specialist) to find out about the employee's condition, the prognosis and whether there is anything the employer can do to help facilitate their return (such as reduced hours).
Myth 5: If an employee is on maternity leave it’s illegal for an employer to contact her about any work-related issues.
Fact: Employers can and should keep in contact with employees on maternity leave. It’s good practice to agree beforehand how this contact should take place and to be sensitive to an employee’s circumstances and preferences. You could agree when is best to telephone, write letters or email employees about workplace developments.
Myth 6: An employee’s continuous service resets after moving roles within a company.
Fact: Moving roles within the same company does not ‘reset’ an employee’s continuous service. Although after the move the employee may be in probation, this does not mean that their previous service for the same employer can be discounted.
Myth 7: A worker cannot be accompanied by a trade union representative at formal meetings unless the employer recognises the union.
Fact: Workers have a statutory right to be accompanied at formal discipline and grievance hearings by a trade union official, and there are no requirements regarding whether the specific union has been recognised by the employer or not. Alternatively, a worker can be accompanied by a colleague.
Bright Contracts - Employment Contracts and Handbooks
How to Recruit for SMEs
68% of SMEs feel they have average, or less than average, recruitment skills, according to recent research completed by The Irish Small and Medium Enterprise Association (ISME). Furthermore, 62% feel they cannot compete with multinationals when recruiting skilled staff, a worrying statistic considering 70% of the private workforce are employed in SMEs.
With the above in mind and considering how important staff are to just about everything a business does, we’ve come up with 6 tips to help SMEs recruit the best talent.
Know exactly who and what you are looking for
Your first step will be to create a clear job description and person specification, listing the skills and knowledge that you require. A good job description will serve as the basis for interviewing candidates, enabling you to assess each candidate against predetermined criteria.
Advertise Smartly
Utilise a number of different advertising avenues to maximize response and diversity for your business.
- Maximise social media; post your job on LinkedIn, Facebook, Twitter, Instagram or other social media. Illustrating the popularity of social media for recruitment, in 2015 50% of recruitment searches in the UK were carried out on mobile devices.
- Share your advert with local business groups or professional bodies.
- Create a “working with us” section on your website highlighting all the positives of working with you. This will not only be a great place to tell the story of your business as well as to post vacancy information.
Get your staff involved
Involving existing employees in the recruitment process will be a great way to include staff and boost morale.
- Ask them for suggestions on where best to advertise.
- Ask if they can recommend anyone. Perhaps consider offering a “Referral Bonus” if they refer a successful candidate who then passes their probation.
- Ask more senior staff members to get involved in the interview process.
Become a place people want to work
Building your employer brand is key to becoming an employer of choice and a magnet for talent. It is very important to build a positive image to your customers, existing employees, peers and competitors. They will in turn become advocates whose recommendations steer talented individuals to you.
Key areas that can help becoming an employer of choice will include; flexibility, work-life balance, involvement, staff responsibility, promotion, recognition, and reward.
Promote being Small
Multinational corporations may have the financial backing to offer greater salaries or packages. However, research consistently shows that remuneration is not the only driver for employees.
There are many advantages of being small, SMEs need to make small a selling point.
As a small employer, you may be able to offer:
- flexibility with a lot less red tape
- leniency around working times and locations
- employees can get involved in many projects, often above and beyond their job description, enabling employees to rapidly acquire new skills
- entrepreneurial ideas are encouraged and employees can initiate projects and drive innovation working with individuals at all levels of the company
- a family-like environment, where the company truly cares about employees, their job satisfaction, as well as their personal wellbeing.
Have a consistent approach
A clear, consistent approach to recruitment will ensure your company has a fair process that focuses on finding and attracting the right candidate for your businesses.
- Have predetermined interview questions and ask them of all candidates
- Interview notes should be taken and retained for a minimum of 12 months
- Always check references
- Hire for behavior and train for skills. You can’t change someone’s attitude, but you can develop their skills.
Bright Contracts - Employment Contracts and Handbooks
