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		HR risk audit

Here are some sample answers from the report.

Name of business:	Kitchen Gadgets Ltd	Telephone:	01678 678123
Address:	36 Long road Chatwoowd Stockport AA1 1AA	Email:	jsmith@gadgets.co.uk
Contact name:	Jane Smith	Job title:	Managing Director
No of employees:	93	Type of business:	Small Manufacturing
Additional sites:

Thank you for completing our on-line Risk Assessment. Our findings and recommendations are detailed in the report below.

Your Risk Assessment is divided into two sections: HR and employment law, and Health and Safety. The topics where you answered "no" to our questions are highlighted in red to enable you to quickly spot areas of immediate risk to your business.

We hope you find the assessment both useful and informative. We don't underestimate the difficulties in keeping up-to-date with legislative requirements: should you need any assistance with implementing any of the necessary actions, we would be delighted to help you.

Our website offers a full range of customisable policies and procedures, plus template letters and forms, step by step guides and legal overviews for managers on all of the topics below. Our advisory helpline will assist with pragmatic advice, tailored to your business to help you manage within the law. For full details of businesshr's services, see our website: www.businesshr.net or call our helpline on 0870 162 4882.

Section one : HR and employment law

No. Topic Comments

1.1 Statement of terms & conditions/contracts of employment

1.1A Employees All employees whose employment will last for one month or more must be given at least a statement of their main terms and conditions of employment. The only exceptions are where the employee works wholly or mainly outside Great Britain, but even these employees are entitled to a statement if they ordinarily work inside Great Britain and the work outside is for the same employer, or if the law which governs the contract is the law of England and Wales or Scotland. Independent contractors or freelance agents are not entitled to a statement.
The Employment Rights Act 1996 stipulates the essential minimum information which must be included in the statement, which must be provided within two months of the employee joining you. The statement will not necessarily cover every aspect of the contract, but can provide important evidence of the main terms and conditions.
Failure to have an up-to-date, complete statement can lead to a financial award of 2-4 weeks pay being given to an employee who successfully brings another claim to an employment tribunal.

1.1B Casual workers We would recommend that casual workers are issued with an agreement which clearly states that the worker is not an employee, and outlines the obligations on both parties.
Do still ensure however that casual staff are not retained on a regular basis for any length of time, that no regular pattern of work is established and, where possible, that they turn down work from time to time - thus reinforcing the lack of "mutuality of obligation" which would enable them to claim they were effectively your employees.

1.1C Agency workers A 2004 decision of the Court of Appeal (Brook Street Bureau Ltd v Dacas) suggested that if the agency has not accepted that it is the worker's employer, particularly in cases where the assignment has continued beyond one year, the end-user, the agency's client, is most likely to be the de facto employer.
Whatever the nature of workers' contracts with their agencies, it is advisable to guard against long-term relationships arising which may point towards an employment relationship: the longer the appointment and the more the job resembles one of employment, the greater the risk.
So when using agency workers, do monitor the length of placements very carefully to reduce long term placements, and where necessary, insist that temporary workers are replaced by the agency on a regular basis; do ensure that there is a written contract between the agency and the agency worker, spelling out who is the employer; and do be wary about integrating the worker into your business.

1.2 Hours of work

1.2A Breaks during the working day Except for some exempted categories of worker, workers working more than 6 hours a day are entitled to have a rest break of at least 20 minutes. This should be taken during the shift, and not at the end or beginning of a shift.

1.2B Breaks between shifts Except for some exempted categories of worker, workers must have at least 11 consecutive hours rest in every 24 hour period during which they work.

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Section one : HR and employment law
No.	Topic	Comments
1.1	Statement of terms & conditions/contracts of employment
1.1A	Employees	All employees whose employment will last for one month or more must be given at least a statement of their main terms and conditions of employment. The only exceptions are where the employee works wholly or mainly outside Great Britain, but even these employees are entitled to a statement if they ordinarily work inside Great Britain and the work outside is for the same employer, or if the law which governs the contract is the law of England and Wales or Scotland. Independent contractors or freelance agents are not entitled to a statement. The Employment Rights Act 1996 stipulates the essential minimum information which must be included in the statement, which must be provided within two months of the employee joining you. The statement will not necessarily cover every aspect of the contract, but can provide important evidence of the main terms and conditions. Failure to have an up-to-date, complete statement can lead to a financial award of 2-4 weeks pay being given to an employee who successfully brings another claim to an employment tribunal.
1.1B	Casual workers	We would recommend that casual workers are issued with an agreement which clearly states that the worker is not an employee, and outlines the obligations on both parties. Do still ensure however that casual staff are not retained on a regular basis for any length of time, that no regular pattern of work is established and, where possible, that they turn down work from time to time - thus reinforcing the lack of "mutuality of obligation" which would enable them to claim they were effectively your employees.
1.1C	Agency workers	A 2004 decision of the Court of Appeal (Brook Street Bureau Ltd v Dacas) suggested that if the agency has not accepted that it is the worker's employer, particularly in cases where the assignment has continued beyond one year, the end-user, the agency's client, is most likely to be the de facto employer. Whatever the nature of workers' contracts with their agencies, it is advisable to guard against long-term relationships arising which may point towards an employment relationship: the longer the appointment and the more the job resembles one of employment, the greater the risk. So when using agency workers, do monitor the length of placements very carefully to reduce long term placements, and where necessary, insist that temporary workers are replaced by the agency on a regular basis; do ensure that there is a written contract between the agency and the agency worker, spelling out who is the employer; and do be wary about integrating the worker into your business.
1.2	Hours of work
1.2A	Breaks during the working day	Except for some exempted categories of worker, workers working more than 6 hours a day are entitled to have a rest break of at least 20 minutes. This should be taken during the shift, and not at the end or beginning of a shift.
1.2B	Breaks between shifts	Except for some exempted categories of worker, workers must have at least 11 consecutive hours rest in every 24 hour period during which they work.