Ask An Expert: Documenting employment

I'm running a pub and employing people for the first time. What documentation do I need?

Proper documentation is not only essential to laying a good foundation for employment, it also protects you from paying unnecessary damages later if a complaint is taken to tribunal.

Employers must maintain good documentation for every employee concerning every aspect of the employment relationship from hiring to evaluations, discipline and termination.

Thorough, precise and honest documentation may deter potential claimants and their lawyers. The latest employment tribunal figures show a rising trend in claims and half are for unfair dismissal or breach of contract.

The average award for unfair dismissal in 2006 was £8,670, a huge cost for a business - especially when some cases could have been avoided if thorough documentation and procedures were in place.

Publicans might argue that they don't have the time or resources to ensure documentation is up to date and accurate and that procedures are followed through, but this is something you simply can't afford to get wrong.

It's crucial you consider the following points:

• The moment an applicant unconditionally accepts a job offer a contract of employment comes into play that provides the evidence of their terms and conditions of employment

• Employers must maintain all documents concerning an employee from the beginning to the end of their employment. This documentation can be an invaluable defence against claims

• It's vital you seek advice from a solicitor to check your contracts and handbooks comply with employment regulations, cover all areas and areup to date

• You also need to ensure changes to working hours and salaries are updated in the terms of employment.

David Green is an employment law specialist at MTA Solicitors​