Retail Sector – Useful Employment Law & HR information
RBS
Mentor can help your
retail business with its Employment Law compliance and HR needs.
Retail small businesses face huge challenges – not least strong
competition from the big four supermarkets – and the pressure is
constantly on to keep up. The detail of employment regulation will
often be a long way down your list of priorities, but it’s
important to get the basics right to avoid tribunal claims and
fines. And treating your staff properly should lead to better
motivation and improved customer service, with obvious benefits to
your business.
Theft by staff and cash shortages can be problems
Stock and cash shortages are always a problem in retail
businesses, and of course not all losses are caused by staff. It’s
important to know that retail employees have special legal
protection from deductions being made from their pay to recompense
the employer for any losses. Failure to play by the rules could
make your business liable to repay any deductions to the employee,
and be legally barred from claiming them back.
You should:
- Ensure you have written contracts in place to allow you, as the
employer, to make deductions from wages for stock and cash
shortages that are the employee’s fault
- If you wish to reserve the right to search employees, this must
be specified in the contract of employment
- Ensure any deductions you do make do not exceed 10% of the
employee’s take-home pay in any week.
RBS
Mentor can provide:
- Contracts of employment containing appropriate terms and
conditions of employment
- An Employee Handbook containing procedures appropriate to your
business
- Access to telephone advice 24/7
Young workers have special protections by law
Young workers often cut their teeth in the retail sector, which
can offer hours to suit their studies. However children and young
workers have particular legal protection. This includs their
working hours, restrictions on working at night, and in 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:
24/7 telephone advice
Most retail staff have the right to opt out of working on
Sundays
Except for staff employed specifically to work on Sundays,
retail employees can opt out of Sunday working by serving
appropriate notice on their employer. In addition, all workers are
covered by the Working Time Regulations, which give an entitlement
to at least one day off in seven. It’s important that employers in
the retail sector understand these rights, and don’t inadvertently
leave themselves open to unfair dismissal claims or fines.
You should:
- Ensure all staff have appropriate contracts of employment
containing any necessary provisions relating to Sunday working
- Maintain good records of employees’ working hours
- Keep managers informed of any opt outs.
RBS
Mentor can provide:
- Appropriate terms and conditions of employment and contract
documentation
- An Employee Handbook containing procedures appropriate to your
business
- Online guidance through MentorLive.