Q: I am soon to start running the HR department of a new business in the security industry. What legal hurdles do I need to consider?
Dec 01 2010
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The first consideration of a new HR department should be data protection. The business will process the data of both their own employees and data provided by registering candidates and others. Registration costs £35.00 per year and further information can be found on the website www.ico.gov.uk.
An individual responsible for access to the data should be appointed as data controller. The data controller should then ensure that there is a secure storage for personal data and there are systems in place so that it is only accessible to those authorised.
Devising and putting in place relevant employment documentation is the next step.The contract of employment should cover all the main aspects of the employment relationship such as job title, location and hours of work, salary, holiday entitlement, pay during sickness absence, post-employment restrictions, notice periods and any contractual benefits that may be offered, such as a pension scheme.
Variables, such as commission plans, can be placed in the contract as a separate schedule to allow for updating. Regard should be had to regulatory requirements, for example under the Working Time Regulations (see useful guidance at www.businesslink.gov.uk).
The backbone of any company policy should be equal (i.e. non-discriminatory) treatment of all. Recording this approach together with other areas within policy documentation available to the employees (for example on an intranet) is important. Other policy areas should ideally include disciplinary and grievance procedures, equality in the workplace, health & safety, internet and email use, data protection, sickness absence, holiday leave, maternity/paternity/adoption leave, time off for dependents, gifts and retirement. Lots to think about!
Getting the policies and the initial documentation right early on will pay dividends in terms of setting down how the business will work in practice. Remember the documentation will always be the first port of call if any disputes arise. Finally, if stuck, seek advice.
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