Taking on your first employee, or growing your team means you’re growing, but it is a big step. Yes, it’s exciting, but it also comes with responsibility.
And the point here is…………. Most small businesses don’t get into trouble because they meant to do something wrong. They get into trouble because they didn’t know what needed to be in place.
Do I legally need HR to employ staff?
No, you don’t legally need an HR department.
But you do need to comply with employment law. That means having the right documentation, processes, and protections in place from day one.
This is where many businesses come unstuck, especially with the Employment Rights changes coming in 2025/2026.
What is the absolute minimum I need before hiring someone?
At a bare minimum, you should have:
- Written particulars of employment (terms & conditions)
- A job description
- Proof of the employee’s right to work in the UK
- Payroll set up (PAYE with HMRC)
- Employer’s Liability Insurance (this is a legal requirement)
If you miss any of the above, you’re already exposed.
Do I need to give employees a contract?
Yes, but more specifically, you must provide written particulars of employment. (their actual name.
This is a legal requirement under the Employment Rights Act.
These must be given on or before the employee’s first day of work.
What are “written particulars”?
This is often referred to as a “contract”, but legally it’s a bit different.
It’s a document that sets out the main terms and conditions of employment, including:
- Pay and how often it’s paid
- Hours of work
- Holiday entitlement
- Job title or role
- Place of work
- Notice periods
- Sickness absence and sick pay
Additional details need to be provided, including disciplinary and grievance procedures.
What happens if I don’t provide this?
If you don’t issue written particulars:
- You’re in breach of statutory requirements
- An employee can raise a claim at a tribunal.
- You could be ordered to pay compensation (if linked to another claim)
It’s one of those simple things that’s easy to get right, and costly if you don’t.
That’s why I do what I do. I’ll handle this for you, so if you’re uncertain, book a call and let’s discuss.
