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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negotiations, promises, correspondence, assurances, representations or understandings between you and the employee are superseded by the terms of the contract of employment.Whole agreementA "whole agreement" clause (sometimes called an "entire agreement" clause) is inserted into the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 - 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 - Rest periods and rest breaks clause
    Rest periods and rest breaks clauseUse our rest periods and rest breaks clause to confirm the minimum statutory entitlements to rest under the Working Time Regulations 1998. You need to ensure that staff working hours don't contravene these provisions.Daily and weekly rest periodsUnder the Working Time Regulations 1998, adult workers (i.e. those aged 18 and over) are entitled to a daily rest period of not less than eleven consecutive hours in each 24-hour period. Adult workers are also entitled to a weekly rest...
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  • Employment - Electronic signatures clause
    Electronic signatures clauseIf you put a suitable online platform in place, employees can sign their employment contracts using e-signatures, whether that means typing their name or a unique code into the contract or using a stylus pen. Use our clause in employment contracts to make clear that e-signatures have the same legal effect as ink-based ones.Legally validUnder English law, an employment contract that's entered into electronically with an employee, using an e-signature, is just as legally binding as...
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  • Employment - Work outside the UK clause
    Work outside the UK clauseIf an employee is to be posted overseas for more than a month, as part of their written statement of employment particulars, you must provide details of the duration of the posting, the currency their salary will be paid in, any additional pay and benefits to be provided and any terms and conditions relating to their return to the UK. Our clause covers all these matters for you.Statutory requirementsSection 1 of the Employment Rights Act 1996 states that where an employee is required...
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  • Employment - Accommodation clause
    Accommodation clauseThis clause may be inserted where an employee is required to live on site for the better performance of their duties. Further informationProvision of accommodation will be regarded as a benefit, and therefore part of remuneration. However, if the employee is required to live on site for the better performance of their duties, it may not be taxable. Note that with regard to calculating whether the employee has been paid the relevant national minimum wage, the provision of accommodation can...
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