Legal Services

Relax, CBA provides you with all the help you need when it comes to Employment Law.

Do you have a question relating to Employment law? We can help.

With our own internal CBA, HR specialist and HR partner, HR Solutions, the CBA can provide you with experience and expertise that will give you first-class advice and guidance on any Employment Law issues.

As part of your membership with the CBA you have unlimited access to Employment Law support. The CBA’s internal HR specialist is on hand to advise, please call 01920 468061 or email employment@craftbakersassociation.co.uk.

 

CBA Standard Employment Law Documents

To access standard Employment Law documentation across five key areas for your business, read the sections below to find documentation that you can edit and use within your business.

Disciplinary Processes & Policies

Disciplinary Procedure

If you have any questions or require further support with the disciplinary procedure, please contact the team in Ware and we will be happy to help. Call us on 01920 468061 or email info@craftbakersassociation.co.uk

 

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.

Consult – Disciplinary Process Checklist

Consult – Disciplinary Do’s and Don’ts in conducting a Disciplinary Hearing

1 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)

2 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)

3 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

4 At the disciplinary meeting, you once again outline the allegations against the employee and listen to their response.

5 Close the meeting and advise the employee you will inform them of the outcome of the meeting as soon as possible, in writing.

6 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)

Document downloads

 

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.

To help you the CBA have drafted the following T’s & C’s for your use, together with an Offer of Employment Letter, Employee Handbook and covering letter to be sent to your employees when providing their T’s & C’s and Employee Handbook. You will only be required to fill in the information relevant to your business. Where the relevant business content is to be added will be indicated by a Red X.

Please download the draft Employee Terms and Conditions document below.

We have also drafted an Employee Handbook for use within your business. Again, you will only be required fill in the information relevant to your business, this will be shown in Yellow.

Please download the draft Employee Handbook below.

Below are some further examples of different contracts that may be of use within your business.

 

Contracts

For copies of the following draft contracts, to discuss the suitability or if you have any questions or require further information, please speak to a member of the team Ware on 01920 468061 or email info@craftbakersassociation.co.uk

 

    • Remains an employee on your books, but only does work as and when is required so no guarantee of work

    • e.g. you would contact your employee at the beginning of the week to let them know if any work was available. If it was, there is an obligation that the employee would make themselves available to do this

    • Most appropriate for fluctuating workloads, e.g. if you know there will be work, but not sure when. If the work became regular or prolonged, then it would no longer be a true zero hours contract. In this situation a fixed term contract or part time contract may be more applicable

    • When work is completed, the employee will be paid for the hours worked and will accrue holiday based on the number of hours worked

    • The work is paid via the payroll, the company is responsible for deducting tax and NI and paying employee related costs

    • The employee would be entitled to statutory sick pay for any dates she was scheduled to work, as long as the employee met the earnings criteria (earning above £116 per week)

    • This is a contract of employment so the employee will be classed as an employee and entitled to all the usual employment rights. E.g. statutory redundancy pay, right not to be unfairly dismissed, the usual disciplinary procedure if required etc

    • Being an employee also means the company retains control over the work, how it is done, when it is done etc.

    • 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)

    • Usually a self-employed person has the control over how and when the work is done. The self-employed person also has the right to send a substitute to do the work should they not be available (as you are taking on their ‘services’ rather than them personally.) If you don’t want to give them the right to send a substitute, then the self-employed worker would be classed as a ‘worker’ and therefore entitled to holiday pay.

    • Self-employed worker would use their own equipment to carry out the work.

    • Used on an occasional basis to work at short notice or during busy periods.

    • Would not usually be used when the periods of work are going to more than a few days here and there or if they become more of a regular arrangement – a zero hours or fixed time contract may be more applicable in this situation

    • Casual agreement would make distinctions between each period of work as separate periods of work, therefore no continuous periods of service

    • There is no mutuality of obligation, therefore the company does not have to provide work, but the worker does not have to accept the work either (this is slightly different to the zero-hour contract above)

Document downloads: Draft Employee Contract Documents

 

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.

The CBA can provide a Grievance Policy on request

 

The following procedure should be followed once a grievance has been received.

  • 1 It is anticipated that most grievances will be able to be resolved informally in the first instance, through employees raising the matter with their manager.

    2 To instigate the formal process an employee should submit their grievance in writing, dated and detailing what their grievance is about, who and what it concerns as well as how they think it can be resolved. This should be sent to their immediate line manager.

    3 A formal meeting to be arranged within 5 working days of receiving the grievance (Please see Invite to Grievance Meeting Letter)

    4 At this meeting the employee is entitled to bring a work colleague or a Trade Union representative along, but it is requested that the employee advises the Company of this in advance of the meeting.

    5 At this meeting the manager will review the grievance submitted as well as listen to the employee’s point of view. If the employee or worker has not stated what outcome he/she is seeking, clarification may be sought before proceeding.

  • 5 Should the outcome of the meeting require further investigation, with a third party, the company will need to start an informal investigation regarding any further complaints raised. Should the complaint be upheld, then the company would proceed with the disciplinary process against the third party.

    6 Once the person chairing the grievance meeting has sufficient information and has reviewed the case they will prepare a response in writing. This written response will be provided within 10 working days, unless otherwise informed when a response can be expected (Please see Grievance Outcome Letter)

    7 Appeal. If the employee is not content with the outcome of the meeting then they have the right of appeal against this decision.

    • If the employee wishes to exercise their right of appeal then they should do so stating the full grounds of their appeal within 5 working days of the outcome letter to a more senior manager, The person to whom the appeal should be made will be set out in the outcome letter.

    • Failure to by the employee to meet the required 5 working day time frame may mean that their appeal will not be heard. It will only be heard outside of this time frame in exceptional circumstances.

    • A further meeting will be arranged as soon as is reasonably practicable to review the appeal. The person chairing the appeal meeting will attempt to resolve the matter to the satisfaction of both the employee or worker and the company (Please see Attend Grievance Hearing Appeal Letter)

    • At this appeal meeting the employee is entitled to bring a work colleague or Trade Union representative along, but it is requested that the employee advises the Company of this in advance of the meeting.

    • Once the person chairing the appeal meeting has reviewed the case then they will either advise the employee at the meeting as to the outcome or prepare a response in writing after the meeting.

    • The written response will be provided within 10 working days, unless otherwise informed when a response can be expected (Please see Appeal Outcome Letter)

This is the final step in the process and decisions made at this stage are final

If you have any further questions or would like to discuss this procedure in more detail, please call the team in Ware on 01920 468061 or email info@craftbakersassociation.co.uk.

Download the Grievance Process Documents

 

Long-term Sickness Processes & Policies

Do you know how to manage long-term illness absence in your business?

If you have any questions or require further support when dealing with long-term sickness please contact the team in Ware on 01920 468061 or email info@craftbakersassociation.co.uk.


 

Your CBA can help you

This section is designed to take you through the statutory procedure to deal long term illness absence, with guidance and supporting documents. Before making any decision on dismissal for ill health or the future employment of the employee, please do contact the CBA in the first instance as long term ill health can be complicated and all cases tend to be very different.

1 Invite the employee to a Welfare meeting.

2 Request permission to write to their doctor.

3 Write to the employee’s doctor requesting a medical report.

4 Invite the employee to a medical capability meeting.

5 Medical capability dismissal (if the employee is not able to return to work)

  • 1 At the first stage of any long term illness you will try to get together with the employee to discuss their absence using the (Invite to Welfare Meeting Letter), to discuss the company’s concerns and find a way to support the employee.

    1a) If the employee cannot attend (or feels unable to attend the meeting, advise the employee verbally by telephone, if you are able to speak to the employee, or send written communication failing this).You will discuss their absence and the company’s concerns and find a way to support the employee. During the conversation you would request their written permission to write to their medical professional to obtain a report on their current condition.

  • 2 At this meeting or during your telephone conversation, or written communication, you would request their written permission to write to their medical professional to obtain a report on their current condition. (Medical Report Consent Form Letter) which asks for their permission to write to their doctor, they will need sign and send back to you.

    If the employee refuses permission for the company to write to the doctor, please contact the CBA.

  • 3 Once this permission has been received, you then send the attached letter (Medical Report Letter to GP – questions have been drafted for you) to the doctor asking for a full detailed report.

  • 4 Once the doctors report has been returned to you (you will have to pay a fee for this), you will then be required to arrange a meeting with the employee to discuss the report in full please use the (Invite to Capability Meeting Letter).

    At the meeting you will discuss the doctor report with the employee, the following scenarios are common responses from a doctors report.

    a) Should the report advise that your employee is no longer fit for work you would then be in a position to dismiss the employee under the grounds of ill health.

    b) If the doctor’s report is vague and cannot give you a definitive answer you will still need discuss the ongoing medical absence and try to come to some sort of resolution for both parties.

    c) If the doctor’s report informs that the employee can return but on amended duties, you will need to where feasibly possible accommodate the employee and the request. It is appreciated however, that if you are a smaller company with very few employees and job roles, this is not always possible

  • 5 Following the medical capability meeting, if the decision is made that the employee cannot return to work, or the amended duties and/or adaptations cannot be accommodated, then you can dismiss the employee under the grounds of medical capability using (Medical Capability Dismissal Letter).

*PLEASE NOTE ALL DISMISSAL WILL BE SUBJECT TO THE FOLLOWING BEING PAID TO THE EMPLOYEE ON TERMINATION*

Notice pay (maximum of 12 weeks)
Holiday accrued and not taken.

Download the Long-term Sickness Documents

 

Redundancy Processes & Policies

The Redundancy Process in a nutshell:

(A word of caution, disregard any absences related to a disability, pregnancy or statutory reasons for absence e.g. emergency time off for dependants or jury service etc.)

  • 1 What is the current organisation?

    2 What is the proposed organisation?

    3 What do you want to do?

    4 What evidence / information do you have to base this on?

    5 Which element of the definition of redundancy this falls into:

    • a) the job has disappeared or is about to disappear

    • b) the job has moved (by more than a reasonable distance)

    • c) the requirement for employees to carry out the particular work is ceasing or diminishing, eg because of the introduction of new technology, different production methods, lower level of orders etc

    6 Which pool of employees have been identified at risk? Please provide details of employee name, job title, start dates.

    7 Please include an organisation chart of all employees to assess if there are any other employees who should be included. For example do any other staff have similar job roles that do similar tasks?

    8 Please provide details of any staff with under 2 years' service / temporary staff / contractors

    9 Have you looked at any other options such as a freeze on recruitment / ban on overtime / job sharing / reduced hours?

    10 Do you have any vacancies in any part of the business currently or imminently?

    11 Do you want to consider volunteers?

    12 Do you have a recognised Trade Union?

    13 What is the timescale you want to have this completed by?

    If you have a business case already or put one together using the headings above, we would be happy to review this for you.

  • A brief discussion / communication to affected staff to explain the business situation and the underlying concern that warrants the start of the consultation process.

    • This can be a collective or one to one meeting to explain the role is officially at risk of redundancy.

    • Use the correct terminology to refer to this as a 'potential redundancy', 'your role is at risk of redundancy', your role 'may be made redundant'. Even if this is quite clear cut in your mind, it is important to show you are going through the right steps of meaningful consultation.

    • Explain how may roles are due to be made redundant from the pool

    • Explain the proposed timeline for consultation

    • Explain the selection criteria to be used

    • Close the meeting and either allow the employee to continue working or allow them to go home to take some time to think this through.

    • Follow up with a confirmation letter and invite to the following consultation meeting in a few days' time.

  • Go through selection criteria and mark employee’s skills against these

    • As above, use the correct terminology to refer to this as a 'potential redundancy', 'your role is at risk of redundancy', your role 'may be made redundant'.

    • Talk through the business case of what the current situation is and why you have got here. Use facts and figures to evidence what you are saying.

    • Go through selection criteria scoring with each individual, giving the employee opportunity to challenge any scores.

    • Discuss any vacancies you have within the organisation, any roles from Manager to Cleaner as any employee whose role is at risk would be entitled to apply for these. If an employee does apply for these, consider the application in the normal way but as they are an internal candidate you can go through a shorter process to save time.

    • Ask the employee if they have any another skills that you may not be aware of that could be used elsewhere in the business?

    • Ask the employee if they have any other options or suggestions to put forward to avoid redundancy. Again, you should listen to what they have to say and consider this, but if it is not feasible or realistic explain the organisation cannot accommodate this. Examples may be suggestion of part time work / job share.

    • At the end of the discussion explain that you will give the employee a few days to think about what was discussed and you will meet again for a further consultation meeting.

    • The employee has the right to be accompanied at these meetings but only by a fellow colleague or trade union representative.

    • Summarise what has been discussed at previous meetings.

    • Talk through any areas that needed consideration, for example any options or suggestions the employee made to avoid the redundancy (you may need to have a further consultation meeting if there are more things to consider). If you are turning them down, explain why they will not work. If you are looking at a possible option, for example an alternative role then talk this through and look at the trial

    • period of 4 weeks.

    • Answer any questions or queries.

    • If there is nothing more to add then discuss the financial package of statutory redundancy pay based on age and length of service, notice pay based on contract and earnings, holiday pay of holiday accrued but not taken and any enhanced redundancy pay the company wishes to make.

    • Confirm outcome in a letter stating the arrangement for the notice period - either to be worked, or place the employee on garden leave. If the employee has a Pay In Lieu Of Notice clause in their contract this may also be an option to consider.

Documentation for use:

  1. Redundancy Plan

  2. Redundancy Avoidance Checklist

  3. Initial Announcement

  4. Employee Selection Criteria Guide

  5. Consultation Meeting

  6. Letter from 2nd Consultation Checklist

Please note: The selection matrix is more meaningful if you have a wider range of points and categories. This can be tweaked to suit i.e. customer service, appraisal history. The more you can make the criteria objective rather than subjective, the less open to debate they are. I.e. time keeping and attendance could be separate, and you can use your records to quantify each.

(A word of caution, disregard any absences related to a disability, pregnancy or statutory reasons for absence e.g. emergency time off for dependants or jury service etc.)

Redundancy Documents

 

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?

For further information on the NAMB ARAG policy, please click here.

 

  • 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.

  • 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.

  • 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.

  • 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 9am and 5pm on weekdays (except bank holidays), subject to a charge.