One of the first steps you will likely want to do after incorporating your restaurant as a company is employ staff. However, registering as an employer can seem like a long and confusing process. Fortunately, the correct application procedure is fairly simple when you know what steps to take with HMRC, pensions and legals. This article provides an overview of the key steps you will need to complete before and after hiring an employee.
To hire an employee in the UK, your restaurant will need to register with HM Revenue and Customs (HMRC) as a new employer if the employee:
You can register online on gov.uk if you are a limited company. When you register, HMRC will ask for your company name, business address, unique taxpayer reference, the number of employees you expect to employ and whether you intend to offer benefits. After completing the employer registration form, you will receive an employer PAYE reference number which will allow you to run payroll and communicate with HMRC about salary payments and national insurance contributions. Your HMRC account will also store your full payment submission history.
Pay as you earn (PAYE) is HMRC's system for collecting Income Tax and National Insurance from employment. PAYE can be paid on a monthly or quarterly basis depending on your expected PAYE bill. The payroll software you use to pay your employees will work out each employee’s tax and national insurance contributions based on their salary, national insurance number and pension contributions. The payroll software will also export this information to HMRC automatically. You will also need to register with PAYE if as an employer if you intend to employ yourself, even if you are the sole director of the limited company.
In the UK, employers have to set up a workplace pension and automatically enroll employees into the pension scheme and make contributions to their pension if all of the following apply:
This means that the automatic enrolment applies to both full-time and part-time employees in your restaurant.
An employee can determine their state pension age using the government's online calculator. However, to qualify for a state pension, the employee will usually need to have paid national insurance contributions for at least 10 years.
Anyone who meets the following criteria is classified as a worker:
This means that a director of a limited company with no employees is not classified as a worker if they do not have an employment contract with the company. This also means that multiple directors with no employment contracts and no employees will not be classified as workers. Volunteers won’t be classified as workers either unless they are paid or receive a non-financial benefit. Being classed as a worker or not will therefore impact a person’s eligibility for a pension.
To set up a workplace pension, you will need to choose a pension provider. You will usually need to pay a set up fee. Once you have established your workplace pension, you will need to contact the Pensions regulator to inform them about your workplace pension. You will also need to communicate information about the pension scheme to your employees and determine their respective contributions
Since the Employers' Liability (Compulsory Insurance) Act 1969, employers must get Employers’ Liability insurance as soon as they become an employer and the policy must cover the employer for at least £5 million and come from an authorised insurer.
Whilst there is a 7 step process for finding and hiring a team quickly, it is important to find candidates who are likely to fit in well with your organisation and existing team members. You can determine the fit of prospective hires through interviews with yourself and existing team members so that your restaurant grows naturally.
Once you have satisfied your HMRC, pension and insurance duties, you will need an employment contract to formalise the terms of your employer-employee relationship. Whilst it might not seem necessary, employment contracts help protect your intellectual property and confidential information and prevent unwanted situations such as client solicitation immediately after employment termination. Before creating an employment contract you might want to first agree on the key terms such as the position and salary in a formal offer letter.
You should have an employment contract with all your employees, even if they are working part-time or for a fixed term. This is important to protect your restaurant’s intellectual property and ensure the employee and the employer understand each side’s rights and obligations.
Employment contracts should not be downloaded and edited from the internet as this is error-prone and does not guarantee that the final contract will contain everything an employment contract needs to be robust yet fair. A smarter approach is to use an online contract builder like Legislate which will create your custom employment contract by asking you simple questions. The following video explains how to create an employment contract with Legislate. You can start creating your employment contracts with Legislate by signing up today.
Legislate is a contract creation and management platform used by small businesses and startups across the UK. Once you have established your company, you will likely need to make new hires to help support you. Having gone to the effort of correctly incorporating your company, you will want to ensure that you have robust contracts in place in order to protect your small business. Legislate provides lawyer-approved contracts on no legal budget which can be tailored to suit your circumstances in a safe and controlled way. View our contract suite or sign up for free today.
The opinions on this page are for general information purposes only and do not constitute legal advice on which you should rely.
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