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  • Employment - Employee contract pay in lieu of notice clause
    Employee contract pay in lieu of notice clauseIn the absence of an express payment in lieu of notice clause, you don't have the contractual right to terminate employment summarily upon making such a payment. This doesn't mean you can't do it, but you do need to weigh up all the pros and cons.PILON or damages?In the absence of an express Employee Contract Pay In Lieu Of Notice (PILON) Clause, pay in lieu of notice will be regarded in employment law terms as a payment of compensation in connection with termination...
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  • Employment - Governing law and jurisdiction clause
    Governing law and jurisdiction clauseOur clause says that the contract is governed by the laws of England and Wales and the courts of England and Wales have jurisdiction to settle disputes. Whilst you can select the governing law, you can't contract out of "mandatory rules". There's also little benefit in having a jurisdiction clause because you can't generally enforce it.What's the difference?Governing law and jurisdiction are two different matters. A governing law clause states what country's laws are to apply...
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  • Employment - Right to work clause
    Right to work clauseOur right to work clause ensures employees must immediately notify you if they cease to have the right to work in the UK and you have the right to dismiss them for illegal working, subject to complying with fair dismissal rules. This may become more important post-Brexit if restrictions are placed on EEA nationals working in the UK.No right to workOur Right to Work Clause is aimed at ensuring employees must inform you immediately if they cease, for whatever reason, to have the legal right...
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  • Employment - Whole agreement clause
    Whole agreement clauseInsert our whole agreement clause into all new contracts of employment, to make clear that any previous oral or written agreements, discussions, negotiations, promises, correspondence, assurances, representations or understandings between you and the employee are superseded by the terms of the contract of employment.Whole agreementA "whole agreement" clause (sometimes called an "entire agreement" clause) is inserted into the contract of employment stating that it contains the whole and...
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  • Employment - Part-time employee clauses
    Part-time employee clausesOur clauses extend to hours of work, pay and benefits and holidays. They have regard to the pro rata principle which states that a part-time worker must receive not less than the proportion of pay or a benefit that the number of their weekly hours bears to the number of weekly hours of their full-time comparator.Less favourable treatmentThe Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 broadly provide that part-time workers have the right not to be treated...
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  • Employment - Third party rights clause
    Third party rights clauseThird party rights potentially enable someone who isn't a party to the employment contract to directly enforce a term of that contract against you, but not against your employee. If you don't want to risk conferring rights on third parties such as an employee's spouse or family members, use our clause to exclude the operation of the legislation.Relevant legislationThe Contracts (Rights of Third Parties) Act 1999 allows a third party, i.e. someone who isn't a party to the employment contract,...
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  • Employment - Letter confirming payment in lieu of notice
    Letter confirming payment in lieu of noticeWhere you've stated an employee isn't required to work out their notice period and instead will be paid in lieu of notice, use our letter to confirm the PILON payment. You need to work out whether it's a contractual payment or not.Contractual payment or damages?Where there's an express clause in the employee's contract of employment permitting you to make a payment in lieu of notice (a PILON clause), then any PILON you make will be regarded as wages payable under the...
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  • Employment - No oral variation clause
    No oral variation clauseA no oral variation clause is one which states that any contract amendments or variations must be in writing, so oral agreements are ineffective. If you include it in employment contracts, it can give certainty, but make sure you don't also require the employee to sign to agree any variations as you're then limiting your options to make contractual changes.Boilerplate clausesA no oral variation (NOV), or no oral modification (NOM), clause is one which states that any contract amendments...
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  • Employment - Deputising letter
    Deputising letterWhere you ask an employee to act as a deputy supervisor or manager on a temporary basis to cover their supervisor's or manager's absence, use our letter to confirm the agreed terms of the deputising arrangement. Temporary promotionWhen a supervisor or manager is absent due to maternity or other family-related leave, long-term sickness absence, a sabbatical, etc., it's relatively common for another, often more junior, employee to be asked to "act up" and temporarily cover the more senior role...
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  • Employment - Proposal to dismiss and re-employ on new terms
    Proposal to dismiss and re-employ on new termsIt may be possible to introduce new employment terms by terminating an employee's existing contract on notice and immediately offering to re-employ them on the new terms. Use our letter to invite an employee to a consultation meeting to discuss dismissal and re-employment. Only send it after conducting a full consultation procedure and ensure you have a sound business reason for the change.Proposal to dismissWhere you've followed a fair consultation process to seek...
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1 to 10 of 37 articles