Hiring After the Election: What’s Changed and What Hasn’t

This week I've had a handful of employers ask me since Saturday what the election means for their business and the hiring landscape. Here’s what I’ve been telling them.

Short version: don’t change anything this week or next.

The count isn’t finished. Special votes are still coming in and the final result lands on 27 November. I’m a recruiter, not a political commentator, so I’ll leave the predictions to others.

What I can tell you is that the employment changes that matter most for hiring this summer are already law. Whatever happens with the specials, they’re what you’re working with right now.

Hiring senior staff?
If you’re paying $200k or more, the personal grievance rule will come up. Since February, people at that level can’t bring an unjustified dismissal claim unless their agreement says they can. Good candidates know this and they’ll ask. Work out your answer before you’re sitting across the table from them.

Running contractors?
Plenty of trade businesses do. Someone only count as a contractors if all five of these are true:

• There’s a written agreement saying they’re a contractor
• They’re free to work for others
• They don’t have to be available at set times, or they can subcontract the work
• Turning down extra work doesn’t end the arrangement
• They had a fair chance to get independent advice before signing

Miss one and you’re back to the old test. It’s worth checking your arrangements now, before the new year rush.

Worried about payroll?
The Holidays Act is being replaced, but there’s a two-year lead in. Don’t rip anything up. Just make sure whoever runs your payroll knows it’s coming.

What I’d focus on this summer
Candidates watch the news too. Expect more questions about job security, leave and contract terms, especially from senior candidates. The employers who can answer on the spot, without a “let me check and come back to you”, will get the people they want. The ones who can’t will lose them to someone who can.

Whichever way the final count goes, nothing changes overnight. Don’t put off a good hire waiting to see what happens.

Hiring before Christmas or early in the new year? Give us a call.

General info, not legal advice. Talk to an employment lawyer about your situation. Reach out if you need a recommendation.

‍