Wholesale sector – Useful Employment Law & HR information

RBS Mentor can help your wholesale business with its Employment Law compliance and HR needs.

You’ll rely on casuals and agency workers when things get busy

Wholesale businesses are in the front line of handling seasonal peaks and troughs and you’ll need extra help to handle things at peak periods.

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.

You put a lot of trust in your drivers – but can you deal with it effectively if things go wrong?

Drivers are likely to be one of your most valuable resources. They might do much of their work alone and you put a lot of trust in them that they will do the job properly. You might have satellite tracking systems to help you to locate them. What happens however, when goods go missing, or drivers aren’t where they are supposed to be? Unclear rules and inadequate disciplinary procedures could make any dismissal unfair, and you may not be able to use evidence gathered through surveillance if you haven’t complied with data protection rules.

You should:

  • Have clear disciplinary rules, setting out what you expect of your employees
  • Ensure staff are aware of monitoring systems, such as satellite tracking and CCTV, so that data can be used in disciplinary proceedings if necessary
  • Always follow proper disciplinary procedures, including taking time to investigate all evidence, before dismissing employees.

RBS Mentor can provide:

  • An Employee Handbook containing conduct rules and procedures appropriate to your business
  • Guidance on monitoring and data protection requirements
  • 24/7 telephone advice to help you deal with things such as disciplinary issues and staff grievances.

Young workers have special protections by law

Young workers often cut their teeth in the wholesale sector, where their energy and flexibility can be valuable.

However, 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
  • Keep appropriate records to show you are complying with the law
  • Always pay at least the appropriate rate of the National Minimum Wage.

RBS Mentor can provide:

  • “How To” guidance on MentorLive about employing young people
  • 24/7 telephone advice on matters including young workers’ legal entitlements


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