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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 and be aware of the tax implications.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...
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  • Employment - Outside business interests clause
    Outside business interests clauseUse our outside business interests clause to restrict the ability of an employee to take on other jobs or outside business interests, both during and outside their normal working hours.All work and no playIt's quite reasonable to require an employee to devote their whole time to your business during their normal working hours. After all, that's what you pay them for! Normally, outside their working hours, employees should be free to do what they like. However, you can still restrict...
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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 - Restrictive covenant clauses
    Restrictive covenant clausesWe recommend that most employers use a restrictive covenant of some description for senior or key employees. However, ensure you carefully tailor them to the particular needs of your business and the role that the employee carries out. Don't be tempted to adopt a "one size fits all" approach.A protectionary measureRestrictive covenants enable you to protect your business interests by effectively obtaining a covenant from the employee which restricts their activities after termination...
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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 - Garden leave clause
    Garden leave clauseA garden leave clause enables you to place an employee on leave during the notice period following either their resignation or dismissal with notice. It is used as an alternative to the employee working out their notice period or paying them in lieu of notice.What is garden leave?Essentially, garden leave enables you to require an employee not to attend work and instead to stay at home "in the garden" for the whole or a part of their notice period whilst at the same time receiving their normal...
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  • Employment - Permission for employee to have second job while on sick pay clause
    Permission for employee to have second job while on sick pay clause Insert this permission clause into your sickness absence policy or contract of employment. Why clause is usefulThis will give you protection if one of your employees either has or wishes to start a second job for someone else while they are on sick leave and are receiving sick pay (including statutory sick pay) from you. By ensuring they ask your permission you have control over the situation. This clause also gives you protection should you...
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  • Employment - Checklist of information needed to draft restrictive covenants
    Checklist of information needed to draft restrictive covenantsThis checklist covers matters to be considered when drafting restrictive covenants.   When is it useful to have restraints in place?You may wish to restrict an employee's activities (particularly in the case of a senior employee), both before and/or for a period after they leave, by way of restrictive covenants. Restrictive covenants must be agreed with the employee and this is usually done by including them in the contract of employment. They may...
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  • Employment - Letter requesting employee work longer notice period
    Letter requesting employee work longer notice periodUse our letter when an employee has resigned and you want to ask them to agree to work a longer notice period than their contractual notice. Make sure it's made clear that they will be paid their full salary and benefits if they do consent to extend their notice period.A resignation dilemmaWhen an employee resigns in amicable circumstances and is working out a notice period of three months or more, you normally have sufficient time to recruit an external replacement....
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  • Employment - Blanket power to vary contract clause
    Blanket power to vary contract clauseBe careful when using our blanket power to vary contract clause - there's a high risk you won't be able to rely on it to make significant changes to an employee's contract of employment. That said, it's useful for non-fundamental changes and as a bargaining tool to persuade an employee to agree to changes.Contractual powerIf well drafted, a contract of employment may include provisions allowing you to make certain changes to an employee's terms and conditions of employment...
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1 to 10 of 16 articles