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what do we need to do as a business to take on employees?

20 February 2017

Elish highlights what you need to consider in order to be legally compliant when taking on employees. This video considers discrimination and ‘right to work’ checks, at what stage you need to make these considerations, and what the consequences are if you don’t comply.


Speaker key
Elish Kennedy

So, at the beginning, for startups, things can be moving really fast. And there's some key things that can get missed out or forgotten about, for example, when you’re recruiting employees. But there's points that you really mustn’t forget, in order to be legally compliant.

One of the main issues to think about with recruitment is to avoid discrimination because a job applicant can actually bring a claim for discrimination, and that's on the ground of one of the protected characteristics which are things like: disability, sex, age, race. So, if a candidate asks you to accommodate their disability, in an interview, then you must do that, you must make reasonable adjustments. And at the same time, you should think about the questions that you're going to ask to make sure that they're not discriminatory. For example, you shouldn't be asking someone if they're intending to have children anytime soon.

The other really key legal thing to think about at the recruitment stage is carrying on your right to work checks. These are important because if you don't carry them out, then you could be liable of a fine of up to £20,000 for each illegal worker, and there's criminal sanctions as well.


So, for each worker, at the recruitment stage, you need to obtain a copy of the document from List A or List B, and you can find those lists on Google. And you need to take a copy of the documents, mark it with the date that you took the copy, and retain them for your records.


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The opinions expressed on this video are provided for the purposes of general interest and information and should not be relied upon. They contain only summaries of aspects of the subject matter at the time of publishing and do not provide comprehensive statements of the law. They do not constitute legal advice and do not provide a substitute for it. So why not talk to us and seek advice that's tailored to you? You can look up one of our experts on this website or call on 0370 270 6000.

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