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Construction sector – Useful Employment Law & HR information

NatWest Mentor can help your construction business with its Employment Law compliance and HR needs.

Employment status can be a tricky – and costly - issue

The boundaries between employees, subcontractors and genuinely self-employed traders are complex and not always clear-cut. Employees have additional rights compared to other types of worker, including the right to claim unfair dismissal. All workers, except genuinely self-employed traders, have the right to paid holidays.

Getting a worker’s employment status wrong can be costly, as an employment tribunal might rule your business is liable for things such as redundancy payments, unfair dismissal compensation, and holiday pay.

You should:

  • Be clear about who your employees are
  • Ensure you issue appropriate contracts of employment to all employees
  • Ensure you understand the rights of other workers to entitlements such as paid holiday

Mentor can provide:

  • Appropriate terms and conditions of employment and contract documentation
  • An Employee Handbook containing procedures appropriate to your business
  • 24/7 telephone advice and support on matters such as employment status and workers’ rights.

Ensuring workers have the right to work in the UK is important

With a traditionally peripatetic workforce, construction employers are used to workers moving around. When it comes to recruiting new workers however, employers now face fines of up to £10,000 if they don’t check employees have the legal right to work in the UK.

You should:

  • Adopt a strict procedure for pre-employment right to work and identity checks
  • Apply procedures in a non-discriminatory way, to all workers
  • Keep good records.

NatWest Mentor can provide:

  • Advice and guidance on recruitment and pre-employment vetting and verification
  • E-learning modules including basics on recruiting employees and the process from job offer to induction
  • 24 / 7 Telephone Advice and support.

Keeping things going is important

Staff absenteeism and poor timekeeping can cause problems to your construction business. Workers who fail to show up on one trade can have a severe knock-on effect on other trades, losing you valuable time and costing money.

You can’t prevent all unforeseen staff absences, but you can operate policies and apply contract terms and conditions that discourage it.

You should:

  • Have robust absence reporting policies and management procedures in place
  • Ensure sick pay policies don’t operate to encourage intermittent absences
  • Understand when it is appropriate to take disciplinary action against staff who repeatedly cause problems.

NatWest Mentor can provide:

  • An Employee Handbook with appropriate absence policies and procedures
  • Online management tools to record and monitor staff absence, and highlight any triggers for further action
  • 24 / 7 telephone advice to guide you through any disciplinary proceedings.