Recruitment laws on employment terms and conditions

When advertising a vacancy, it is common practice to indicate the likely salary, or salary bracket, depending on the experience and skillset of the successful candidate. However, having selected a final candidate, you may then need to negotiate an exact figure which you both agree upon. You must also agree to various other terms and conditions, such as paid holiday and the right to a minimum notice period on termination of employment.

When it comes to terms and conditions, the minimum statutory rights of your new recruit must be factored in. For example, under the National Minimum Wage Act 1998, an employee is entitled to be paid at least the National Minimum Wage (NMW). The NMW rate depends on age, and ranges from £4.81 to £9.50 (for 2022). Equally, under the Working Time Regulations 1998, an employee must be given at least 5.6 weeks’ paid annual leave, whilst under the Employment Rights Act 1996, they must be given a minimum of a week’s notice having been employed between one month and 2 years, and a week’s notice for between 2 and 12 years, up to a maximum of 12 years.

You can provide your new-starter with enhanced contractual rights, so give them more paid holiday or a longer notice period, but you cannot ask them to agree to less. You must also set out the agreed terms in a written statement of employment particulars. This should comprise a principal statement, including basic details such as the person’s working hours, and how much and how often they will get paid, with a wider written statement within 2 months of their start date. However, most employers will provide their new-starter with a full and comprehensive contract of employment, dealing with a whole host of other rights and responsibilities in respect of both the employer and employee.