Do we need to worry about age discrimination laws – or do they only apply if you employ people in their 50s and 60s?

The Employment Equality (Age) Regulations 2006 are intended to protect everyone, no matter how old or young they are. They affect every area of employment, including recruitment, training, terms and conditions and the retirement process.

We are thinking of taking over a rival’s business, but not their company. Do we have to take on their staff?

The question is whether ‘TUPE’ (The Transfer of Undertakings (Protection of Employment) regulations 2006) will apply to your takeover. This depends on the circumstances of the transfer. If you are buying a business as a going concern, it is certainly possible that the staff will be transferred with the business on their existing terms and conditions of employment, in accordance with the TUPE regulations. TUPE can be complicated, so you should always seek specific legal advice.

Do I have to give an employee a contract?

Even if you do not give your employee a written contract, a contract will exist between you as soon as they accept your job offer. You are legally required to give every employee a written statement covering certain terms and conditions within two months of their employment beginning. If you fail to do this, the employee can ask an Employment Tribunal to determine what terms and conditions he or she is working under.

Can an employer change the terms of an employment contract?

Yes - as long as you have reserved the right to amend the terms and are not acting in an unreasonable manner. If you have not reserved the right to amend the terms, you may only do so with the employee’s consent. A lot will depend on how significant and serious the changed term is. In all cases it’s best to discuss any changes with the employee first - explaining why you want to do it, how it will affect them and what, if any, benefits you will offer them as an incentive to agree.

Do we need a written disciplinary procedure?

It is advisable to have a written procedure to help deal fairly with disciplinary issues. If you dismiss an employee without using a procedure that conforms to the Code of Conduct drawn up by ACAS, you could be penalised in an unfair dismissal claim.

What offences justify immediate dismissal?

Dismissal without notice will only be justified for the most serious kinds of misconduct, or where continued employment would be illegal. Your disciplinary rules should clearly set out the kinds of offences that carry a risk of instant dismissal.

Do we need a formal grievance procedure?

It is advisable to have a consistent formal grievance procedure, although complaints can initially be dealt with informally. If your grievance procedures do not conform to the Code of Practice drawn up by ACAS, you could be penalised if an employee with a grievance later brings a claim against you.

Can an interviewer ask a woman attending a job interview whether she is, or intends to become, pregnant?

There is no ban on questions about pregnancy. However, they would almost certainly be viewed as evidence of unlawful discrimination. The same applies to questions about childcare commitments, unless the employer can demonstrate that the questions are relevant to the job requirements, and both male and female applicants are asked the same questions.

What is the maximum average number of hours that people are allowed to work during the week?

Under normal circumstances, the maximum for adults is a 48-hour week. The following exceptions apply:-

• Workers who have signed an ‘opt-out’ agreement;

• People with so-called ‘unmeasured’ working time, or who determine their own hours of work (for example, senior staff);

• Self-employed workers - who can work whatever hours they see fit.

You should take legal advice on the status of any workers who are working more than 48 hours per week.

What is the current minimum wage?

You can find information about the current minimum wage on the government’s Business Link and Directgov websites.