Seminar tackles employment law

EMPLOYMENT legislation is a complex minefield for most business owners — which is why so many turned up at the Bower Hotel in Hollinwood for a seminar on the thorny subject.

Hosted by the Local Council of the Chamber of Commerce, the event featured speakers from Pearson Hinchliffe Commercial Law, Hollinwood, and a Stockport chartered accountancy practice, Booth Ainsworth. Pearson Hinchliffe’s Mike Pitt introduced colleague Susan Mayall, who outlined the perils of conducting disciplinary hearings and suggested that every business owner/employer should have a copy of the ACAS Code of Practice readily to hand.

She informed her audience that some of the more nonsensical bits of recent legislation had been rescinded but urged caution and insisted that the correct procedure be followed.

“Write to people involved and follow the rules, tell them what is happening and why as well as the possible consequences,” she declared.

Mr Pitt’s contribution covered unfair dismissal, discrimination, working time directives, additional paternity leave and “fit notes”.

“These have replaced sick notes and are a potential minefield for employers,” he said.

“They are intended to encourage people back to work in some capacity rather than stay off work because they are unable to carry out their full range of activities.”

Alex Boyd, an HR consultant in the audience, said his professional body had pointed out that fit notes were available on the internet and urged all employers to check their veracity when an employee produces such a note.

Former Revenue and Customs officer Dawn Foden-Smith, an employment tax specialist at Booth Ainsworth, took delegates through the intricacies of determining whether a person was employed or self-employed and produced a step-by-step guide of the determinant adopted by the Revenue.

She pointed out that getting it wrong could be extremely costly as the Revenue can claim back up to four years unpaid PAYE and national insurance, can impose penalties of up to 100 per cent, although the ‘norm’ is between 10 and 30 per cent — and add punitive interest.

One delegate pointed out he had 180 people working for his business as self-employment contractors and it was suggested in no uncertain terms to “get professional advice” as to their status.