Employee Definition

GLOSSARY

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What does Employee mean?

Persons satisfying case law tests for employee status qualify for the broadest scope of employment protections. Statutory definitions of employee vary. The Employment Rights Act 1996 defines employee as an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.

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Granting unapproved share options pursuant to a standalone share option deed—all-encompassing resource pack

Granting unapproved share options pursuant to a standalone share option deed—all-encompassing resource pack For more general information on unapproved share option schemes, see Practice Note: Unapproved share options. Step Details of step Resources required to implement step Timing of step 1 Determine whether the company qualifies to operate a tax-advantaged share scheme Unapproved share options are often, but certainly not always, used when a company, or the employee, does not qualify to grant or be granted tax-advantaged share options (ie enterprise management incentives (EMI) schemes, company share option plans (CSOPs), save as you earn (SAYE) schemes, and share incentive plans (SIPs)). It is therefore important to first determine whether a tax-advantaged share scheme is possible and appropriate. For further detailed information on the eligibility criteria for the tax-advantaged share schemes, see Practice Notes: When is an EMI scheme appropriate?, How CSOPs work and key features, How SAYE schemes work and key features and What is a SIP?. As early as possible but before step 3 2 Decide...

Notice of general meeting or annual general meeting—checklist

Notice of general meeting or annual general meeting—checklist Who is entitled to receive notice of general meeting or annual general meeting? Notice of the general meeting (GM) or annual general meeting (AGM) must be sent to: • every member of the company, ie those appearing on the register of members (including those entitled to a share in consequence of the death or bankruptcy of a member, if the company has been notified of their entitlement) • every director of the company, and • the company’s auditors Check the company’s articles in particular for provisions relating to: • giving notices to joint, untraceable or overseas shareholders, and • cut-off dates by which time a member needs to be registered on the register of members to receive a notice. Where a company's shares are held in CREST, a member must be registered in the register of members at least 21 days before the date the notice is sent Form of notice Notice of a GM must be given: • in hard copy...

Council information—Councillors' access

Council information—Councillors' access Councillors require a great deal of information in order to exercise proper management of the local authority (LA). It is sometimes difficult to know what information held by an individual councillor is theirs to share, what information must be shared with the public, what information must be kept within the confines of the council and what must be kept to the councillor. Councils and access to information Councils are subject to the Freedom of Information Act 2000; and also to the specific public access to information regulations that apply to a council and, where it has one, the council’s elected mayor or leader and cabinet in relation to the decisions it makes. These information regulations were most recently changed in September 2012. There are also access to information provisions arising from a council’s audit process. Where information is withheld, it is under a specific set of exemptions provided by law. Most of these grounds for withholding information are subject to a public interest test:...

Measuring the in-house legal team

Measuring the in-house legal team This Practice Note discusses how in-house legal teams can use metrics such as staffing, spend, income and client satisfaction to demonstrate their value. Metrics are a useful tool to increasing self-awareness, implementing strategic improvements, focusing on reducing costs, increasing the influence of your legal function and developing and motivating your team. Why measure? Self-diagnosis Identifying trends and the current state of play, for example, workload, spend and staffing. Implementing strategic improvements Gathering the information you need to build business-wide support for your management strategies, for example:—maintaining headcount—pushing work to the business—outsourcing or insourcing—de-skilling or skilling-up—technology or further investment Focus on reducing costs A true focus on savings means keeping on top of data on costs or income, for example:—monitoring volume of external spend, discounts and rebates under alternative fee arrangements—building a platform from which to work closely with finance and procurement functions to achieve further savings Increasing the influence of your legal function Helping your legal team to become a key influencer...

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Settlement agreement additional clauses—resignation from directorship/office

Insert in operative provisions: 1 Resignation from directorship/office 1.1 If you have not already done so, you will on the date of this Agreement immediately resign from all offices held by you in, or on behalf of, the Employer[ and/or any Group Company] by delivering to the Employer a letter of resignation in the form set out in Schedule [enter number, eg 2]. 1.2 You will immediately on request do all and any acts and things as the Employer may require to effect and/or register your resignation under clause 1.1 above and from all other offices, trusteeships or appointments which you hold in connection with or by reason of your employment by the...

No partnership or agency clause

1 No partnership or agency—short form Nothing in this agreement constitutes, or will be deemed to constitute, a partnership between the parties n

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Where a settlement agreement provides for the employer to make a contribution to the employee’s legal costs, payable direct to the employee’s law firm, can the law firm bring proceedings against the employer if it fails to pay?

Where a settlement agreement provides for the employer to make a contribution to the employee’s legal costs, payable direct to the employee’s law firm, can the law firm bring proceedings against the employer if it fails to pay? For information on: • the legal requirements that must be met for a settlement agreement to be binding and valid to settle statutory employment claims, see Practice Note: Settlement agreements in employment—legal requirements • the practical issues that typically arise in relation to a settlement agreement, see Practice Note: Settlement agreements in employment—practical and tax issues Contribution to legal costs A settlement agreement will typically provide for the employer to make a contribution to the employee’s legal costs. For general information on payment of legal fees incurred by an employee in relation to a settlement agreement generally, see the section of Practice Note: Settlement agreements in employment—practical and tax issues entitled ‘Payment for legal advice’. For a sample clause in the settlement agreement dealing with payment of legal fees, see Clause 13.2...

When it comes to calculating the total pay of an agricultural worker in Scotland for minimum wage purposes, how does the accommodation offset rate as set out in the Agricultural Wages (Scotland) Order (No 69) 2022, affect the calculation if the worker in question is provided with free accommodation in the form of a house?

When it comes to calculating the total pay of an agricultural worker in Scotland for minimum wage purposes, how does the accommodation offset rate as set out in the Agricultural Wages (Scotland) Order (No 69) 2022, affect the calculation if the worker in question is provided with free accommodation in the form of a house? For information on the National Minimum Wage (NMW), including conditions for eligibility and how the minimum hourly rate is calculated, see generally, Practice Note: National minimum wage. Most ‘workers’ who work in the UK are entitled to be paid the minimum wage. A person qualifies for the national minimum wage if they: • are a worker • who works, or ordinarily works, in the UK under their contract, and • have ceased to be of compulsory school age When it comes to determining whether or not a worker is being paid the minimum wage, the calculation essentially involves working out an hourly rate of pay by dividing payments received by hours worked in a pay...

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Share Incentives weekly highlights—17 October 2024

This week's edition of Share Incentives weekly highlights includes: (1) the Lexis+ Share Incentives team’s analysis of the updated version of the Investment Association Principles of Remuneration, (2) publication by HMRC of updated guidance in relation to the EMI independence requirement, including the meaning of ‘arrangements’, and also in relation to the Supreme Court decision in Vermilion Holdings Ltd, as well as Employment Related Securities Bulletin 57 and (3) publication of the latest Share Schemes Forum minutes.

Employment weekly highlights—17 October 2024

This week’s edition of Employment weekly highlights includes: (1) a Private Members’ Bill transferring the functions of the Institute for Apprenticeships and Technical Education to the Secretary of State, ahead of its replacement by Skills England, (2) an analysis of the key changes to the Investment Associations updated Principles of Remuneration, (3) the government response to the consultation on seafarers’ wage regulations and guidance, together with the finalised Seafarer’s Wages Regulations 2024 and further regulations bringing the remaining provisions of the Seafarers’ Wages Act 2023 into force, (4) the new Office for Equality and Opportunity which replaces the Equality Hub, (5) a Private Members’ Bill that would amend the definition of still-birth to apply from 20 weeks into a pregnancy, (6) confirmation that HMRC will administer the new statutory neonatal care pay from April 2025, (7) the adoption of the Platform Work Directive by the Council of the EU, (8) the latest data from the Home Office register of licenced sponsors list, (9) the IRLR Highlights for November 2024, (10)...

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