Hospitality & Leisure sector – Useful Employment Law &
HR information
RBS
Mentor can help your
hospitality & leisure business with its Employment Law
compliance and HR needs.
Whether you run a hotel, restaurant, licensed premises or
entertainment venue, we understand that your business puts customer
service and enjoyment first. We know that you rely on your people
to deliver an experience that keeps your customers happy and makes
sure they return for more. However, staff create their own
challenges for business owners, and Mentor can give you the support
you need.
Tips and accommodation often go with the territory but
can get you into hot water with the minimum wage
In the service economy, a significant part of your business’s
income may be from tips and service charges. But since October
2009, employers are no longer able to use tips received from
customers towards paying the national minimum wage.
In addition, if you provide accommodation to staff, there’s a
strict limit on the amount you are entitled to deduct from
employees’ wages to cover this, where they are paid the minimum
wage.
You should:
- Ensure your system for collecting and distributing tips
complies with National Minimum Wage legislation
- Put any accommodation entitlements and allowances in
writing.
RBS
Mentor can provide:
- 24/7 telephone advice and support, including matters such as
the National Minimum Wage
- Regular legal updates and e-bulletins to keep you up to date
with changes in the law.
You’ll rely on casuals and agency workers when things
get busy
Leisure, recreation and hospitality businesses have to be
particularly responsive to customer demand. So there will be
seasonal peaks – such as at Christmas – but there will also be
demands you’ll have to meet at short notice, so you’ll want to call
on staff at short notice too.
You might use casual staff – but do you understand what
employment rights they have? If you use agency workers, do you know
that such workers have increased rights to parity with your
permanent staff after 12 weeks’ service?
Getting these things wrong can be costly – because you may find
it difficult to dismiss your temporary staff or be liable for the
difference in pay between agency and permanent staff.
You should:
- Review your use of temporary and casual workers, and ensure
they have fit for purpose contracts
- Ensure all workers have entitlement to 5.6 weeks’ paid holiday,
as required under Working Time regulations
- Consider how your business uses agency workers and where
possible avoid long-term use that triggers parity rights.
RBS
Mentor can provide:
- Contracts of employment tailored to the needs of your
business
- Online holiday recording on MentorLive
- 24 / 7 Advice and support on matters such as the operation of
the Agency Workers’ regulations.
Young workers have special protections by
law
Young workers, including those in full-time education, often cut
their teeth in the hospitality & leisure sector, which can
offer hours to suit their studies.
But children and young workers have particular legal protection,
which includes limits on their working hours, restrictions on
working at night, and restrictions on the work they are permitted
to do. Breaching these requirements is a criminal offence and could
leave your business facing a substantial fine.
You should:
- Ensure you understand the limits on young workers’ working time
and night work
- Always pay at least the appropriate rate of the National
Minimum Wage
RBS
Mentor can provide:
- How To guidance on employing young people and children on
MentorLive
- 24/7 telephone advice on matters including young workers’ legal
entitlements.