Page 32 - BOSS Today Issue 17
P. 32

legal









































       Law is a mystery,




       but not a burden






       Businesses may regard employment regulations as a burden, but a survey
       suggests that view is not putting them off hiring new staff




            he report Employer    education, work experience and   2009 when the aCaS Code of   of reactive, may ultimately
            Perceptions and Impact of   skills to perform the role.  Practice was introduced.  save them from experiencing
       tEmployment Regulation,      It also claims that employers   The report clearly showed   litigation in the employment
       also suggests that many    who regularly use agency    that employers with written   tribunal.
       businesses do not have an   workers have largely avoided   employment policies were   The results of the survey
       up-to-date understanding of   the effects of the recent changes   far more confident that they   also suggest that many small
       current employment law. Many   made through the agency   were compliant with the law   businesses would be better off
       small businesses in particular   Workers Regulations 2010 by   than those who operated on   outsourcing more of the HR and
       believe that employment    offering shortened assignments   an informal ad hoc basis. Those   employee management part
       regulations are inaccessible   of less than 12 weeks, alternating   who continue to operate on   of their business. This would
       to people who do not have a   workers and using fixed term   such an ad hoc basis appear to   not only ensure peace of mind
       background in HR or law.   contracts for longer periods of   believe that they foster better   that all HR and employment
         The report suggests that,   cover.                   relationships with employees by   law policies and procedures
       contrary to government claims,   However, many employers,   doing so and that the benefits   were properly drafted, but more
       regulations are rarely a key factor   still hold outdated beliefs about   of this outweigh the risk of   importantly it would allow them
       when it comes to recruitment   employment law. Many who   litigation.             to continue doing what they do
       and management of staff.   responded to the survey, for   This is just one of many areas   best - run their business.
       Instead, recruitment decisions   example, believed that the old   in the report which might
       appear to be mainly swayed   three-stage statutory dismissal   suggest that better education,   n For Further
       by the need to find the best   process is still in effect. In fact it   in particular teaching businesses   inFormation contact
       candidate with the necessary   has not been used since april   to be preventative instead   the BoSS LegaL team

       32  BOSS TODAY | May/June 2013


   DTB p32-p33.indd   2                                                                                      29/05/2013   14:42
   27   28   29   30   31   32   33   34   35   36