Legal Services
Disciplinary Processes & Policies
Before commencing disciplinary proceedings, always consult the contracts given to your employees. If the disciplinary hearing is for a Final Written Warning, Dismissal or Gross Misconduct. Please contact the CBA in the first instance.
Disciplinary Procedure
ONE
Invite the employee to an informal investigatory hearing, outline the allegations against the employee and listen to their response. (Please see below Invite to Investigation Meeting Letter)
THREE
Employee is notified in writing with at least 48 hours notice of the date, time of the hearing, outlining the allegations and the right to be accompanied by a work colleague or trade union representative. All evidence and witness statements regarding the allegations to be sent with this letter
FIVE
Close the meeting and advise the employee you will inform them of the outcome of the meeting as soon as possible, in writing.
TWO
If you are not satisfied with their response and there is a case to answer, the employee is then advised that you will be proceeding with a formal disciplinary hearing to address the allegations (Please see below Invite to Disciplinary Hearing Letter)
FOUR
At the disciplinary meeting, you once again outline the allegations against the employee and listen to their response.
SIX
Should the allegations be founded, you can issue a formal warning, providing the employee with the right to appeal within 5 working days of the decision you have taken. (Please see below Letter confirming a written warning)
Employment Contracts
From 6th April 2020, all employees must be given a Statement of Terms and Conditions of Employment (Contract) from day one of employment.
The CBA can provide you with editable draft Terms and Conditions and a copy of a draft Employee Handbook that you can complete and issue to your employees. Below are some further examples of different contracts that may be of use within your business.
Contracts
For copies of the following draft contracts or to discuss the suitability for your business, please give us a call on 01920 468061 and we will be happy to provide you with the advice and guidance you need, to ensure the right documents are used and completed correctly.
Zero hours contract
Remains an employee on your books, but only does work as and when is required so no guarantee of work.
Self Employed – Consultancy Agreement
Paid a daily rate via an invoice. The self-employed person would have to manage their own tax and NI. Not usually entitled to worker rights such as holiday pay (although see below).
Casual Contract
Used on an occasional basis to work at short notice or during busy periods.
Would you like access to this information?
If you would like to know how the CBA could support you through the Employment Contracts process, please give us a call on 01920 468061 or email info@craftbakersassociation.co.uk.
Grievance Processes & Policies
What to do if an employee raises a grievance?
It is recognised that from time to time individuals may have a concern relating to their employment. In this respect, it should be your policy to encourage open discussion between you and your employee to ensure that questions and problems can be aired and resolved as quickly as possible.
Generally, the majority of concerns raised can be dealt with as they arise by talking to your employee. However, if the employee has a more serious concern or one that is not readily resolved the procedure to follow is outlined below. The formal procedure should be used by your employee if they feel they are unable to resolve the problem by normal means, i.e. through your day to day working relationship with your employee. The procedure should be followed as quickly as possible to ensure issues are resolved in a timely manner.
An employee can raise a grievance formally and informally.
The following procedure should be followed once a grievance has been received.
Dealing with an informal grievance
Dealing with a formal grievance
Invitation to attend a grievance hearing
Grievance hearing
Investigation process – should this be applicable.
Grievance outcome.
Grievance appeal – should this be applicable.
Would you like access to this information?
You will work with our very own internal HR Specialist and CBA HR partner who have over 12 years of experience within the industry. Our partnership will provide you with outstanding expertise to ensure you receive first-class advice and guidance on any Employment Law issue.
Relax, leave it to the CBA, we can help. Give us a call us on 01920 468061 or email info@craftbakersassociation.co.uk to find out how the CBA can help you.
Long-term Sickness Processes & Policies
Do you know how to manage long term illness absence in your business?
The CBA can help.
How to manage long term illness absence in your business.
This section is designed to give you a guide on what the statutory procedure would include and how to deal with long term illness absence.
Invite the employee to a Welfare meeting.
Request permission to write to their doctor.
Write to the employee’s doctor requesting a medical report.
Invite the employee to a medical capability meeting.
Medical capability dismissal (if the employee is not able to return to work)
Would you like access to this information?
Relax, the CBA can support you through this process and all other Employment Law issues.
Give us a call on 01920 468061 to find out what the CBA can do for you.
Redundancy Processes & Policies
Do you know how to manage redundancy in your business?
The CBA can help.
Redundancy process in a nutshell
Below you will find an example procedure on how to approach redundancy within your business:
Establish your Business Case
Redundancy Announcement and placing roles ‘at risk’
Selection Criteria
1st Consultation Meeting
2nd Consultation Meeting
Documentation required to manage the redundancy
Documentation required to manage the redundancy process within your business is as follows:
Redundancy Plan
Redundancy Avoidance Checklist
Initial Announcement
Employee Selection Criteria Guide
Consultation Meeting
Letter from 2nd Consultation Checklist
Would you like access to this information?
Relax, the CBA can provide you with all of this information and support you through this process and all other Employment Law issues.
Would you like to know more? the CBA would like to help. Give us a call on 01920 468061 or email info@craftbakersassociation.co.uk to find out what the CBA can do for you.
ARAG Legal Services
As a member of the Craft Bakers Association, we can provide help and support on any employment or tax problem within your business. Working with ARAG our valued partner, within your subscription, you will have access to a confidential legal and tax advice helpline covering Tax Investigation and Tribunal Insurance.
Contact the CBA on 01920 468061 in the first instance and we will refer you to the confidential helpline. Legal advice is available 24/7 and tax advice is available between 9am to 5pm weekdays (except bank holidays).
Who is ARAG?
ARAG plc is a legal expenses and assistance insurance provider, operating nationwide. ARAG' s mission from the very beginning has been to enable every citizen to be able to assert their legal rights. ARAG are experts in advancing the concept of legal insurance with innovative products and services, by understanding the many and varied legal systems that exist.
With pioneering spirits which has made them successful in an international market environment. ARAG plc is part of ARAG SE and recognised as a global leader, generating a premium income of over €1.5 billion per annum.
The ARAG ethos is to work in partnership with their clients, listening to expectations. With ARAG, there is no need to put your business on hold.
What does my CBA subscription cover?
Tax Investigation
The advice covers business-related legal matters within EU law or tax matters within the UK. Queries will be dealt with by a qualified specialist experienced in handling legal and tax-related matters. Use of this service does not constitute reporting of a claim.
Tribunal Cover
Following an Insured event, your cover will pay legal costs & expenses (and compensation awards under Insured event 2Employment compensation awards) up to the limit of indemnity and aggregate limit specified in your policy schedule for all claims related by time or originating cause, including the cost of appeals subject to all the requirements being met within the NAMB policy.
Your policy also covers the following;
Counselling Assistance
In the event of an employee needing confidential help and advice, counsellors are available 24 hours a day, 365 days of the year. Trained counsellors are available to provide telephone support on any matter that is causing your employee upset or anxiety, from personal problems to bereavement.
Redundancy Approval
Specialist advice can be arranged for members who are planning redundancies. This will assist you to implement a fair selection process and ensure that the redundancy notices are correctly served. This service is available between 9 am and 5 pm on weekdays (except bank holidays), subject to a charge.
Health and Safety Executive Fees for Intervention (FFI)
New for 2024, additional cover:
Background
Fee for Intervention (FFI) is a “cost recovery scheme” operated by the Health & Safety Executive (HSE). Under the Health and Safety (Fees) Regulations 2012.
Under the Health and Safety (Fees) Regulations 2012, workplaces in ‘material breach’ of health and safety laws are liable for recovery of the HSE’s costs for any inspection, investigation and enforcement action that is undertaken. A ‘material breach’ occurs when the HSE issues a notification of contravention, an improvement or prohibition notice, or a prosecution.
When criminal proceedings are started, FFI cease and criminal prosecution costs apply. (Note - prosecution costs are not covered by LEI, but the cost of legal representation is).
From October 1, 2012, the HSE have been able to recover the costs of its interventions from businesses found to be in material breach of the law, even in the absence of a prosecution.
If the HSE intervenes they are under a legal duty to recover costs in all cases where there is (i) a material breach of health and safety law and (ii) a requirement to rectify the breach is made in writing.
There does not have to be an incident or prosecution to trigger such HSE involvement
FFI Charges
Inspection with no action taken - No costs will be recovered
Inspection resulting in an email or letter - £750
Inspection resulting in a notice being issued - £1,500
Notifying claims
ARAG cannot settle FFI invoices until they have been raised, but members should tell them about H & S activity as soon as they are aware that the H & S Exec has identified non-compliance that will incur FFI charges. They may also be dealing with a claim to appeal against an improvement or prohibition notice that relates to the intervention that has resulted in liability for FFI. If that is the case, customers should quote the reference of any claim that relates to the same event. FFI invoices should be sent to ARAG promptly for payment.
Would you like access to this information?
For further information on the NAMB ARAG policy, please read document below.
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