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View the related checklists about Contract of employment

Issues to consider when drafting a settlement agreement—checklist (employer)

Issues to consider when drafting a settlement agreement—checklist (employer) The employer (and its advisers) should consider the following issues: Preparatory steps • Obtain from the employer: ◦ a copy of the departing employee's latest contract of employment/other relevant documents containing contractual terms (NB these may be in a staff handbook) ◦ details of the contractual benefits enjoyed by the employee ◦ relevant information regarding the employee's pension benefits ◦ relevant information regarding any shares/share options, etc held by the employee? Consider the Articles of Association/any relevant shareholder agreement, share scheme documentation, etc. See also Shares and share options below Status of negotiations • Will negotiations take place between the parties directly, or between their respective legal advisers? • How strong is the employer's negotiating position? How strong are the employee's claims or potential claims? In the case of dismissal, is there a fair reason and has the employer carried out a fair procedure? Is the employer in repudiatory breach? What is the employer prepared to offer initially, and is that...

Misconduct investigation and disciplinary hearing—flowchart

Misconduct investigation and disciplinary hearing—flowchart This Flowchart sets out the stages of a disciplinary procedure to deal with an issue of employee misconduct, from investigating the allegation(s), to conducting a disciplinary hearing and deciding on appropriate disciplinary action, and managing an appeal process. Click below to view or print the full-size PDF version: Note 1—dealing with an allegation of misconduct When considering whether the issue is one involving potential misconduct, it may be necessary also to review the employee’s contract, the employer’s staff handbook and any other policies or procedures that may be relevant in addition to the disciplinary/dismissal procedure, eg equality/equal opportunities policy or expenses policy. It is also worth remembering that a situation that might, at first glance, appear to be a case of misconduct, could turn out to be a performance or capability problem. See Practice Note: Managing conduct—Dealing with conduct issues. Where a conduct issue arises, the first stage in managing that issue is to investigate the problem, promptly and without unreasonable delay, to...

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Issues to consider when advising an employee on an employment contract

This Practice Note explores the issues to consider when acting for an employee entering into a contract of employment and/or reviewing the draft employment contract.The contract will, almost invariably, have been prepared by the employer and so the drafting will be pro-employer. If the draft is based on the employer's 'standard' terms for employees at the same level, the employer is likely to be reluctant to make substantive changes, other than to reflect the particular package agreed with the employee.The ability of the employee to successfully negotiate changes to the employer's draft will, of course, depend on the relative strength of the employee's bargaining position, which will be dictated by matters such as the employee's seniority and the job market in the relevant sector.This Practice Note assumes that the employee is not a director, but is of a relatively senior level (as more junior employees will not have complicated provisions in their contracts and/or will not be able to negotiate changes). If the employee is also to be a director,...

Types of contractual term in employment

Although employers and employees have a number of rights given to them by statute, the basic relationship between them is still governed by the contents of the contract of employment. It is important to identify what the terms of that contract are.The law of contract is important to many areas of employment. It is used to decide the true contract between parties, which is often not as simple as it sounds. A contract can be made up of all or any of:•express terms•implied terms•imposed terms•incorporated termsThere is nothing to prevent the parties agreeing to exclude the incorporation of terms found outside the written contract of employment, if in all the circumstances the parties really intended the written contract to reflect their whole bargain (see: Entire contract clauses below).At times during the employment relationship, the employer may find it necessary to vary certain terms of employment (see: Variation of contract below. However, the legal and practical issues that arise in that context are examined in detail separately in Practice Note: Changing...

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�ʴDZ�������������ܲԻ岹�Գ��� 1 Introduction 1.1 The Company is committed to providing job security for its employees. The Company will seek to avoid compulsory redundancies wherever possible. However, it recognises that there may be circumstances when staffing requirements change and compulsory redundancies cannot be avoided. 1.2 Where compulsory redundancies are unavoidable, the Company will handle the redundancy exercise in a fair, consistent and sympathetic manner. 1.3 In following the redundancy procedure set out in this policy, the Company will not discriminate directly or indirectly on grounds of age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, religion or belief, sex or sexual orientation. Part-time workers and fixed-term employees will not be treated less favourably than full-time or permanent comparators. 1.4 The aim of this policy is to set out the procedures that will be followed in cases of redundancy, ensuring compliance with employment law[ and relevant Acas guidance]. 1.5 This policy applies only to employees who are affected by a potential redundancy situation. It does not...

Policy—Coronavirus (COVID-19) vaccination [Archived]

Policy—Coronavirus (COVID-19) vaccination [Archived] 1 Introduction 1.1 This policy sets out the Company’s approach to staff vaccination against coronavirus (COVID-19). It supplements, but does not replace, the Company’s health and safety[, coronavirus workplace safety] and sickness absence policies. 1.2 This policy does not form part of any contract of employment and the Company may amend it at any time. 1.3 This policy applies to all employees, workers and contractors. 1.4 This policy has been written [following discussions OR in consultation] with [the recognised trade union OR employee representatives OR a representative group of employees]. 1.5 The information set out in this policy is taken from guidance on the NHS and other government websites that are updated frequently. While we will try to keep this policy up-to-date, we strongly recommend that all staff familiarise themselves with the relevant NHS and other guidance and check regularly for updates. We will also issue updates to staff, typically by email, if changes to the government guidance affect this policy....

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If a part-year worker on a continuous contract is entitled to additional contractual holiday in addition to their 5.6 weeks’ statutory holiday entitlement, (a) should their statutory holiday pay be calculated (in line with Harpur Trust v Brazel), in accordance with regulation 16 of the Working Time Regulations 1998 and sections 221–224 of the Employment Rights Act 1996 and the additional contractual holiday be pro-rated, or (b) should the entire holiday entitlement be calculated on a pro-rata and, if necessary, ‘topped up’ to the equivalent of 5.6 weeks calculated in line with Brazel?

If a part-year worker on a continuous contract is entitled to additional contractual holiday in addition to their 5.6 weeks’ statutory holiday entitlement, (a) should their statutory holiday pay be calculated (in line with Harpur Trust v Brazel), in accordance with regulation 16 of the Working Time Regulations 1998 and sections 221–224 of the Employment Rights Act 1996 and the additional contractual holiday be pro-rated, or (b) should the entire holiday entitlement be calculated on a pro-rata and, if necessary, ‘topped up’ to the equivalent of 5.6 weeks calculated in line with Brazel? Statutory holiday entitlement Under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, a worker is entitled to 5.6 weeks of paid annual leave, made up of: • a ‘basic’ entitlement of four weeks’ annual leave each leave year, implementing the right under Directive 2003/88/EC, the Working Time Directive (WTD) • an ‘additional’ entitlement of 1.6 weeks’ annual leave each leave year Under WTR 1998, SI 1998/1833, reg 16, a week’s pay is calculated in accordance with...

If a lorry driver delivering goods is persuaded not to cross a picket line by employees engaged in lawful, peaceful picketing, and the lorry driver faces disciplinary sanction or dismissal from their own employer (who is not a party to the trade dispute) for refusing to cross the picket line to deliver the goods, are there any protections available to the lorry driver?

If a lorry driver delivering goods is persuaded not to cross a picket line by employees engaged in lawful, peaceful picketing, and the lorry driver faces disciplinary sanction or dismissal from their own employer (who is not a party to the trade dispute) for refusing to cross the picket line to deliver the goods, are there any protections available to the lorry driver? When it comes to statutory protections available to those engaged in industrial action or picketing: • statutory immunity is provided against liability in relation to economic or industrial torts for those involved in industrial action with their employer, which is done in contemplation or furtherance of a trade dispute (as defined), and which complies with specific balloting and notification conditions (see Practice Notes: The right to take industrial action and Balloting for and employer notification of industrial action) • protection against dismissal is potentially available for those participating in such industrial action (see Practice Note: Entitlement to claim unfair dismissal, particular the main section dealing...

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Spain can’t use immunity to block translators bias case

Law360: Spain cannot rely on state immunity to overturn a translator's harassment and discrimination claim, the Court of Appeal has ruled, finding that the conduct complained of was not part of a governmental activity.

Lawyers warn skeletal zero-hours contract ban may backfire

Law360: A proposed reform to crack down on exploitative zero-hours contracts is so vaguely drafted that it is unworkable and risks backfiring on its aim to provide more stability for workers, lawyers and industry groups say.

View the latest UK Parliament Acts documents on Contract of employment

230 Employees, workers etc

(1)     In this Act “employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.(2)     In this Act “contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing.(3)     In this Act “worker” (except in the phrases “shop worker” and “betting worker”) means an individual who has entered into or works under (or, where the employment has ceased, worked under)—(a)     a contract of employment, or(b)     any