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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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  • Employment - Letter notifying of employer change of name
    Letter notifying of employer change of nameIf you're planning to change the name of your business but there's to be no change in its identity, you'll need to issue a written statement of the name change to your employees at the earliest opportunity and within one month of it taking effect. Use our letter to do this.A new business nameIf you're a sole trader, you might change your surname because of, say, marriage or divorce or you might choose to change your full name by deed poll. If you're keeping your full...
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  • Employment - Employment contract variation flow chart 1
    Employment contract variation flow chart 1Use this flow chart to assist you when you need to vary an employee's terms and conditions of employment.   Things to considerYou may need to vary the terms for various reasons, including the need to react to economic circumstances, to respond to changes in the marketplace and/or technological advances, or to reorganise the business to make it more efficient or profitable. If the change is one which is favourable to the employee, they are unlikely to resist it. If,...
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  • Employment - Employment contract variation flow chart 2
    Employment contract variation flow chart 2 Use this flow chart when attempting to impose a contractual variation that requires employee consent. See the employment contract variation flow chart 1 to help you determine if employee consent is needed.   Employee agreesWhere the employee has agreed to the change, you should get them to sign an acknowledgement to that effect. The easiest way to do this is by requesting them to sign an acknowledgement to your letter setting out the change. This should avoid any...
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  • Employment - Letter confirming an increase in hours request
    Letter confirming an increase in hours requestUse our letter to issue to an employee once it's been agreed they can increase their hours of work. It sets out the relevant changes to their contractual terms consequent on such a request.Statutory provisionSection 4 of the  Employment Rights Act 1996 states that where changes are made to any of the terms and conditions of employment required to be covered in the employee's written statement of employment particulars (hours of work, salary, holidays, etc.), you...
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  • Employment - Promotion letter
    Promotion letterUse our letter to confirm an employee's promotion. Consider making the newly promoted position subject to a probationary period to enable you to assess the employee's performance and conduct in their new role.Promotion termsIf you promote an employee, usually their job title, job duties and salary will change, but the rest of their terms and conditions of employment tend to remain the same. The exception is where the new role carries particular additional responsibilities such that you might...
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  • Employment - Deputising clause
    Deputising clauseUse our deputising clause to set out the terms on which an employee may be asked to act up as a deputy supervisor or deputy manager on a temporary basis to cover staff absence. Expect to pay an increased salary for extra duties and responsibilities.An agreement to act upSituations may occasionally arise where a supervisor or line manager is absent from work and you need to ask an existing employee to act up and cover their job role for a temporary period. It's unlikely you'll do this just to...
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  • Employment - Letter seeking agreement to vary employment contract terms
    Letter seeking agreement to vary employment contract terms The best way to achieve a change to one or more terms of an employee's contract of employment is by mutual agreement. Let the employee know in writing that you are proposing to make a change and seek their written consent to it.Binding contractThe contract of employment is binding on both parties. This means that it's generally unlawful for you to unilaterally change an existing employee's contract without their agreement - unless the change is permitted...
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