In a sector defined by fast turnarounds, hybrid working and creative teams, it can be easy to overlook key legal responsibilities.
That’s why it’s so important to seek guidance from experts like Atkins Hope to make sure your agency is legally watertight from day one.
Employment law can feel like a maze, but it’s nothing to fear once you understand the basics.
In this blog post, our experts will explore how employment law for digital marketing agencies can build compliant and confident working practices.
Why Employment Law Should Be on Your Radar?
Let’s face it: employment issues might not be as exciting as your latest campaign, but they can seriously impact your business.
From unfair dismissal claims to discrimination disputes, mishandling employee matters can lead to costly legal trouble.
Staying on top of the law protects your staff, your clients and your bottom line. Whether you’re a startup or an established agency, having clear processes in place will save you a lot of stress.
Tips for Understanding Employment Law for Digital Marketing Agencies
Getting the Basics Right: Contracts and Working Hours
Every employee is legally entitled to a written statement of employment particulars. This includes details like working hours, pay, and notice periods. And yes, it has to be given on or before their first working day.
Think contracts are just paperwork? Think again. They’re your best defence if things go south.
The government provides straightforward advice on what must be included in a contract of employment.
Knowing Who’s Who: Employee, Worker or Contractor
Misclassifying someone as a contractor when they’re really an employee is a common mistake.
It could cost you in unpaid holiday, pensions, or even tax penalties. Roles that seem freelance might actually qualify for full employment rights.
Use GOV.UK’s employment status guidance to check if your team members are properly categorised. It’s always better to be safe than sorry.
Flexible Working and Hybrid Policies
Post-pandemic, flexible and hybrid working are here to stay. But these aren’t just perks; they’re protected by law.
Staff can request flexible working after 26 weeks of employment, and you must consider it fairly.
Rejecting a request requires a valid business reason. Agencies should develop clear, written hybrid working policies to set expectations and support fair treatment.
Avoiding Trouble: Unfair Dismissal and Redundancy
You can’t fire someone on a whim. Even if an employee is underperforming, you need to follow a fair disciplinary process.
That includes written warnings, a formal meeting and the right to appeal. The Acas Code of Practice outlines the correct steps to take. Failing to follow it can increase the risk and cost of an employment tribunal.
Agency Workers and Temps
Hiring freelance designers or developers through an agency? Make sure you’re providing the right documents.
All agency workers must receive a key information document before they start. And don’t forget, agency staff are entitled to the same basic conditions as your employees after 12 weeks of service. Details can be found via GOV.UK’s temp worker guidance.
Data Protection in the Hiring Process
Job applications often involve personal data. Under UK GDPR, you must store and use this information responsibly. This includes CVs, interview notes, and references.
The Information Commissioner’s Office (ICO) provides excellent advice on handling applicant data. Secure storage and clear privacy notices are must-haves.
Non-Compete Clauses and Restrictive Covenants
Worried a former employee might poach your clients? Restrictive covenants can help protect your business. But they must be reasonable in scope, location, and duration to be enforceable.
Overly broad clauses won’t hold up in court. It’s best to have them reviewed by a legal professional before including them in contracts.
Remote Teams and Health & Safety
Even if your team works from home, you’re still responsible for their health and safety. That includes proper risk assessments and ergonomic advice.
Encourage regular breaks and supply appropriate equipment. These small steps protect wellbeing and reduce long-term sickness or injury claims.
Supporting Inclusion and Equal Opportunities
Diversity is more than a buzzword; it’s a legal requirement. Employers must ensure equal treatment in hiring, pay and workplace behaviour.
Make inclusion part of your training and daily operations. From gender to disability, your policies should reflect the diverse world we live in.
Employment law isn’t static. With changes to flexible working and ongoing consultations on non-compete clauses, staying up to date is vital.
Consider annual policy reviews and staff training sessions. Consulting a legal advisor every so often ensures your contracts and procedures stay compliant.
Managing Workplace Disputes Internally
Even in the happiest workplaces, things can go wrong. Disagreements over pay, discrimination or bullying must be taken seriously. Having a grievance procedure in place shows your commitment to fairness.
Before matters escalate, consider early conciliation through Acas. It’s quicker, cheaper and less stressful than going to a tribunal. Find out more about your rights at work.
Key Checklist for Busy Agency Leaders
Need a quick rundown? Here’s a practical to-do list:
- Provide written terms of employment on day one
- Double-check employment status for each team member
- Develop a hybrid working policy
- Ensure GDPR compliance in recruitment
- Prepare a grievance procedure and disciplinary policy
- Understand rules around temps and agency staff
- Use fair and lawful dismissal procedures
Final Word
You don’t need to be a lawyer to manage your team legally. You just need to be informed. With sound policies, thoughtful contracts and clear communication, you’ll avoid pitfalls and build a happier workplace.
For added peace of mind, consider reaching out to a specialist solicitor who understands the creative sector.
This blog is intended for general informational purposes only and does not constitute legal advice.
Employment law can vary based on your specific circumstances, so we recommend consulting a qualified legal professional to ensure compliance with all applicable regulations.
Solicitors can help tailor employment policies, resolve disputes and support your agency in maintaining legal best practice.
