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Employment Law

This publication provides a full overview of employment law for making agreements and handling disputes.

2 Matter Plans

Overview

The publication comprises 2 guides assisting practitioners with representing employer and employee clients, from document drafting and managing staff to disputes and employment tribunals.

The commentaries include guidance on employment contracts, human resources, policies and procedures, transfer of undertakings, redundancy, and unfair and wrongful dismissal. They also cover conciliation, mediation, and arbitration in the employment relationship and laws and procedures relating to employment tribunals and appeals.

The Reference materials folder includes guidance on electronic signing and witnessing, and the comprehensive Getting the matter underway folder includes compliance and client care documents. Using the extensive Retainer Instructions when gathering information ensures nothing is missed.

Precedents in this publication include:

  • employment agreements, including individual, executive, and casual;
  • non-employment agreements, including contractor agreements and service agreements;
  • settlement agreements for termination of employment and redundancy;
  • disciplinary precedents, including investigation plans;
  • various unfair dismissal precedents – acting for employer and employee;
  • all the necessary employment tribunal forms with example content.
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2 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Employment
  • Folder icon Reference materials
    • Item icon Electronic Signing and Witnessing
    • Item icon Looking to the Future
  • Item icon Overview
    The relationship between employer and employee is a legal relationship that can be distinguished from other affiliations, such as principal and contractor, or principal and agent. At the heart of the employment relationship is the wage-work bargain where an employee sells their labour in exchange ...

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Employment
    • Item icon To do list - Employment
    • Item icon First steps
    • Item icon Retainer instructions - Employment
    • Folder icon Compliance documents
      • Item icon Client Due Diligence and Anti-money Laundering Guidance
      • Item icon Client Details, Identity Verification and Source of Funds
      • Item icon Conflict of interest check
      • Item icon Client and matter risk assessment
      • Folder icon If required - Reporting an issue
        • Item icon Anti-money laundering internal disclosure
    • Item icon Initial letter to client enclosing Client Care and Terms of Business
    • Folder icon Enclosures for initial letter to client
      • Item icon Client care information
      • Item icon Terms of business
      • Item icon Scope of work - Employment
      • Item icon A summary of the employment law process
      • Item icon A summary of the internal disciplinary process
      • Item icon A summary of the redundancy process for fewer than 20 employees
      • Item icon A summary of the redundancy process for more than 20 employees
      • Item icon A summary of the TUPE process
    • Item icon Time and costs estimates
    • Folder icon If required - Letter to client varying the Client Care and Terms of Business
      • Item icon Letter to client varying the Client Care and Terms of Business
    • Folder icon General deeds, agreements, statements, declarations, consents, and execution clauses
      • Item icon Deeds and agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of assignment of agreement
        • Item icon Deed of assignment of agreement with consent
        • Item icon Deed of assignment of an insurance policy
        • Item icon Deed of assignment of equitable interest in residential land
        • Item icon Deed of gift
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon Deed of release and grant
        • Item icon General deed of indemnity
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality
          • Item icon Confidentiality - Extensive
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Third parties
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Boundary agreement
        • Item icon Confidentiality agreement
        • Item icon Construction agreement
        • Item icon Heads of agreement
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality
          • Item icon Confidentiality - Extensive
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Third parties
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Statements and declarations
        • Item icon Statement of truth
        • Item icon Statement of truth - High Court
        • Item icon Statutory declaration
        • Item icon Statutory declaration of solvency
        • Item icon Affidavit - General
        • Item icon Exhibit sheet for affidavits - General
        • Item icon Witness statement - Family matters
        • Item icon Exhibit sheet to witness statement - Family matters
        • Item icon Witness statement - Civil matters
        • Item icon Exhibit sheet to witness statement - Civil matters
      • Folder icon Execution clauses
        • Item icon Execution clauses - Agreements and contracts
        • Item icon Execution clauses - Deeds
        • Item icon Execution clauses - Overseas companies
      • Folder icon Consents
        • Folder icon If required - Personal data consent - General
          • Item icon Letter to client enclosing consent - General
          • Item icon Letter to third party enclosing consent - General
          • Item icon General letter enclosing client consent
          • Item icon General letter enclosing third party consent
          • Item icon Consent to provide information - General
          • Item icon Consent to provide information - General - Third party
        • Folder icon If required - Personal data consent - Health professional
          • Item icon Letter to client enclosing consent - Health professional
          • Item icon Letter to third party enclosing consent - Health professional
          • Item icon Letter to doctor enclosing client consent
          • Item icon Letter to doctor enclosing third party consent
          • Item icon Consent to provide information - Health professional
          • Item icon Consent to provide information - Health professional - Third party
        • Folder icon Change of name
          • Item icon Change of name deed for an adult - Concise
          • Item icon Change of name deed for a minor - Concise
          • Folder icon If required - Enrolment by an adult
            • Item icon Change of name deed for an adult - For enrolment
            • Item icon Statutory declaration - Enrolment of adult change of name deed
            • Item icon Notice for the London Gazette on the change of name of an adult
            • Item icon Consent to enrolment of change of name of an adult
          • Folder icon If required - Enrolment by a minor
            • Item icon Change of name deed for a minor - For enrolment
            • Item icon Statutory declaration - Enrolment of minor change of name deed
            • Item icon Affidavit of best interest for the change of name of a minor
            • Item icon Consent to enrolment of change of name of a minor
  • Folder icon B. Contracts of employment
    • Item icon Recruitment
      To avoid potential claims, recruitment processes usually feature the following:

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    • Item icon Contracts of employment
      Every employee has an employment contract, whether in writing or not. Despite the employer and employee possibly disagreeing on its terms, the relationship between them is always legally contractual. An employment contract will cover employment conditions, rights, responsibilities, and duties. The ...

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    • Item icon Full-time and part-time contracts
      Full-time contracts Any contract of employment must be negotiated fairly and reasonably between the parties. While no specific number of hours defines whether someone is full or part-time, it is common for a full-time worker to work 35 hours or more a week, with a statutory maximum of ...

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    • Item icon Fixed-term contracts
      Employees are on a fixed-term contract if their employment contract ends on a particular date or completion of a given project. Agency workers, work experience workers, apprentices, and military personnel cannot be fixed-term employees, but casual workers and those covering maternity leave may be. ...

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    • Item icon Agency staff
      An agency worker’s employment contract is with a recruitment agency, which temporarily assigns the worker to the hirer. The hirer is responsible for directing the work to be undertaken. When applying to work with a recruitment agency, it is a legal requirement for the agency to provide the worker ...

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    • Item icon Providing a ’Key information document’ for agency workers: guidance for employment businesses – GOV.UK
    • Item icon Zero-hours contracts
      Section 27A of the Employment Rights Act 1996 defines a zero-hours contract as:

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    • Item icon Freelancers, consultants, and contractors
      In general, a freelancer, consultant, or independent contractor:

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    • Item icon Young people and apprentices
      Young people Employees under 18 years of age have additional statutory rights protecting them from exploitation. However, being classified as an employee or a worker can affect or vary their rights. Working hours for children under 16 are restricted, and an employer will need a permit ...

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    • Folder icon Library of contracts and clauses
      • Item icon Statement of terms and conditions of employment
      • Item icon Standard individual employment agreement
      • Item icon Executive employment agreement
      • Item icon Fixed term employment contract
      • Item icon Zero hours employment contract
      • Item icon Casual employment agreement
      • Item icon Consultancy agreement
      • Item icon Independent contractor agreement
      • Item icon Consultant service agreement
      • Item icon Subcontractor agreement
      • Item icon Non-statutory redundancy payment clause
      • Item icon Immigration considerations clause
    • Folder icon Acting for the employer
      • Item icon Letter to employer client with draft agreement or written statement
      • Item icon Letter to employee enclosing document to sign
      • Item icon Letter to agency worker enclosing agreement or contract
      • Item icon Letter to employee enclosing employment particulars and document for signing
      • Item icon Letter to employee enclosing amended document to sign
      • Item icon Letter to employer client enclosing final contract or written statement of employment for signing
    • Folder icon Acting for the employee
      • Item icon Letter to employer seeking amendments to the employment contract
      • Item icon Letter to employer approving or not approving employment contract
  • Folder icon C. Pay and conditions
    • Item icon Sample Staff Handbook
    • Item icon National wage rates
      Workers and employees are entitled to be paid a minimum hourly rate of pay governed by the National Minimum Wage Act 1998 or The National Minimum Wage (Amendment) Regulations 2016. The statutory hourly rates are increased annually and the current rates are published on the UK government National ...

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    • Item icon Tips
      The Employment (Allocation of Tips) Act 2023 came into force on 1 October 2024. The Act requires employers to:

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    • Item icon Pensions
      Under the Pensions Act 2008, employers must provide a workplace pension scheme, enrol eligible staff, and make contributions. Eligible staff are those who:

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    • Item icon Employee benefits
      Some employee benefits do not attract tax liabilities, such as canteen meals, tea and coffee, parking at the workplace, and a mobile phone. Other benefits such as medical insurance, loans, living accommodation, or a company vehicle provide a financial gain to the employee and, therefore, affect ...

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    • Item icon Working time
      Employees are entitled to have their hours at work regulated by The Working Time Regulations 1998. These apply to all employees, workers, and the self-employed unless they are sole traders on their own account. The regulations take effect as implied contractual terms. Working time includes, for ...

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    • Item icon Time off work
      Employees are entitled to have time off work for various reasons, including rest breaks, holidays, sickness, maternity, paternity, parental, and bereavement leave.

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    • Item icon Family leave
      Over the years, Parliament has recognised the diversity of modern families and has changed the rights of employees to take time off to look after children and other dependants.

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    • Item icon Health and safety at work
      The Health and Safety at Work etc. Act 1974 is the primary legislation covering occupational health and safety in Great Britain. It imposes a duty on employers to ensure, so far as is reasonably practicable, all employees’ health, safety, and welfare at work. The Management of Health and Safety at ...

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    • Item icon Domestic abuse
      Employers have a duty to provide a healthy and safe workplace and to care for their employees’ well-being. Domestic abuse can touch on all aspects of an individual’s life, including work. Abusers may make threatening or abusive phone calls to them or attend their workplace. A survivor of domestic ...

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  • Folder icon D. Workplace discrimination, grievances, and discipline
    • Item icon Discrimination
      Discrimination in the workplace is governed by the Equality Act 2010 which prohibits unlawful discrimination in relation to particular protected characteristics, for example, age, disability, and gender. Unlawful discrimination is when an employee, worker, or agency worker is treated unfairly for ...

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    • Item icon Grievance policies and procedures
      The legal relationship between employee and employer is contractual. When issues arise during an employee’s contract, genuine attempts to resolve them must be made informally and then, if necessary, through a formal internal grievance or disciplinary process. Court proceedings are a last resort. As ...

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    • Item icon Disciplinary policies and procedures
      Disciplinary actions against an employee must always be taken seriously. They need to be fair and cautious, as the consequences for both parties can be serious. Most disciplinary procedures are a formal way for an employer to deal with an employee’s misconduct or failure to carry out the tasks for ...

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    • Item icon A summary of the internal disciplinary process
    • Folder icon Library of documents and letters for an employer
      • Item icon Employee's disciplinary record
      • Item icon Disciplinary or grievance investigation report
      • Item icon Disciplinary or grievance investigation plan
      • Item icon Sample letter to employee advising investigation to be conducted
      • Item icon Sample letter to employee advising suspension pending investigation
      • Item icon Sample letter to employee requiring attendance to discuss alleged misconduct
      • Item icon Sample letter to employee requiring attendance at disciplinary meeting
      • Item icon Sample record of a meeting with an employee
      • Item icon Sample letter to employee advising disciplinary outcome resulting in no further action
      • Item icon Sample letter to employee giving them a formal warning
      • Item icon Sample letter to employee with formal warning following disciplinary meeting
      • Item icon Sample letter to employee notifying them of disciplinary action
      • Item icon Sample letter to employee advising disciplinary outcome resulting in dismissal
      • Item icon Sample letter to employee after investigation results in termination of employment
    • Folder icon Library of letters for an employee
      • Item icon Sample letter to employer giving notice of formal grievance
      • Item icon Sample letter to employer appealing grievance or disciplinary outcome
  • Folder icon E. Termination and dismissal
    • Item icon Mutual agreement
      An employer and employee can mutually agree to terminate an employment contract. However, in practice, unless the employee leads the termination, the courts and tribunals are likely to find that it was a dismissal for the purposes of the Employment Rights Act 1996. This is because an employee ...

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    • Item icon Resignation
      An employee can resign from their employment for many reasons. If this is because they have found employment elsewhere, it is deemed a voluntary resignation and provided the correct notice periods and final pay calculations are met, no further issues arise. An employment contract can be terminated ...

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    • Item icon Fixed-term contract expiry
      The expiry of a fixed-term contract amounts to a dismissal for the purposes of both unfair dismissal and redundancy. See ss 95 and 136 of the Employment Rights Act 1996. If the employee brings a claim for unfair dismissal, the normal rules apply in establishing whether the dismissal was unfair ...

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    • Item icon Retirement or death of an employee
      Retirement is largely within the employee’s control, not the employer, as the default retirement age was removed by The Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011. Any imposed retirement by an employer would primarily be viewed as age discrimination. The death of an ...

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    • Item icon Death or insolvency of an employer
      When the employer is an individual The death of an employer will frustrate the contract of employment, and, at common law, no money is payable to the employee. However, under the Employment Rights Act 1996, the death results in the contract being deemed terminated due to redundancy, although notice ...

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    • Item icon Summary dismissal
      A dismissal occurs when an employer ends an employee’s contract. To avoid a claim for unfair dismissal, an employer must adopt and evidence a fair and reasonable disciplinary procedure in exercising the decision to dismiss an employee. At minimum, employers should follow the Acas Code of Practice ...

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    • Item icon Letter to employee advising summary dismissal
    • Item icon Constructive dismissal
      The legal term is constructive unfair dismissal; however, it is commonly referred to as constructive dismissal. The statutory definition is when an employee terminates their employment contract with or without notice, in circumstances under which they are entitled to do so because of the employer’s ...

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    • Item icon Unfair and wrongful dismissal
      Section 94 of the Employment Rights Act 1996 grants an employee the right not to be unfairly dismissed. Dismissals can be perfectly justified and lawful. They can also be unfair or wrong. Navigating the minefield of employment rights and correct processes by which an employee can be dismissed ...

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    • Item icon Letter to employer terminating employment due to constructive dismissal
    • Item icon Letter to employee giving notice of restrictive covenants
    • Item icon Letter to third party giving notice of former employee's restrictive covenants
    • Item icon Settlement agreement - Termination of employment
    • Item icon Repudiatory breach
      If an employee considers that there has been a serious breach of their employment contract by the employer, they may be entitled to resign in response and claim constructive dismissal. To succeed in the claim, the employee must show that the breach of contract was serious enough to justify their ...

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    • Item icon Enforcing restrictive covenants
      An employer will want to ensure that any restrictive covenants or restraint of trade clauses in an employee’s contract are not breached if they leave. The employer should notify the employee, reminding them of the relevant clauses and their effects, and of what action the employer is entitled to ...

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  • Folder icon F. Redundancy
    • Item icon Redundancy
      Employees on maternity, adoption, or shared parental leave have special protection in a redundancy situation. They have the right to be offered a suitable alternative vacancy, if one is available, before being made redundant. This gives them priority access to redeployment opportunities over other ...

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    • Item icon A summary of the redundancy process for fewer than 20 employees
    • Item icon A summary of the redundancy process for more than 20 employees
    • Item icon Letter to client with copy HR1 sent to Insolvency Service
    • Item icon Redundancy payments: Form HR1 - advance notification of redundancies
    • Folder icon Acting for the employer
      • Item icon Letter to employee advising their role is at risk of redundancy
      • Item icon Enclosure - The redundancy consultation process
      • Item icon Letter to employee representative enclosing form HR1
      • Item icon Employer's disclosure pursuant to section 188(4) Trade Union Labour Relations (Consolidation) Act 1992
      • Item icon Settlement agreement - Redundancy
      • Item icon Letter to employee's solicitor advising no redundancy payment entitlement
      • Item icon Letter to employee confirming redundancy process underway
      • Item icon Letter to employee enclosing particulars of redundancy payment
      • Item icon Enclosure - Particulars of redundancy payment
      • Item icon Letter to employee confirming redundancy
    • Folder icon Acting for the employee
      • Item icon Letter to employer giving notice requesting particulars of redundancy
      • Item icon Letter to employer advising employee is entitled to redundancy payment
      • Item icon Letter to employer seeking schedule of redundancy payment
      • Item icon Letter to employer challenging redundancy decision
      • Item icon Letter to employer giving notice under s 65(3) Employment Rights Act 1996
  • Folder icon G. If required - Detriments including whistleblowing
    • Item icon Health and safety
      An employer owes their employees an implied common law duty of care to select proper staff and provide adequate materials, safe premises, and a safe work system. A breach of these duties will entitle the employee to resign and claim constructive dismissal: Marshall Specialist Vehicles Ltd v. ...

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    • Item icon Trade unions
      An employee has the right to join or take part in a trade union and not be subjected to any detriment by their employer that is intended to prevent them from such activities: s 146 of the Trade Union and Labour Relations (Consolidation) Act 1992. An employment tribunal can make an unlimited ...

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    • Item icon Whistleblowing
      Dismissal of an employee who disclosed wrongdoing in the workplace, commonly referred to as whistleblowing, amounts to unfair dismissal and opens the employer up to a claim by the employee. What amounts to whistleblowing will depend on the information disclosed, who makes it, and to whom. Many ...

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    • Item icon Letter to employee not to disclose confidential information
    • Item icon Letter to third party to remove unlawfully disclosed confidential information
    • Folder icon Acting for the employee
      • Item icon Letter to employer advising action will follow dismissal for making protected disclosure
      • Item icon Letter to employer requesting copy of whistleblowing policy
  • Folder icon H. If required - Transfer of undertakings
    • Item icon Transfer of undertakings
      A transfer of undertakings is where an employer’s business is taken over and the new entity takes on:

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    • Item icon A summary of the TUPE process
    • Folder icon Acting for a transferor employer
      • Item icon Letter to employee giving notice under TUPE
      • Item icon Enclosure for employee in TUPE situation
      • Item icon Letter to client employer requesting employee liability information
      • Item icon Statement of particulars of employment
      • Item icon Letter to client employer seeking updated employee liability information
      • Item icon Letter from transferor to transferee giving notice of employee liability information
    • Folder icon Acting for a transferee employer
      • Item icon Letter to transferor employer requesting employee liability information
      • Item icon Statement of particulars of employment
      • Item icon Letter to transferor employer seeking updated employee liability information
      • Item icon Letter to transferor employer giving notice of failure to provide employee liability information
      • Item icon Letter from new employer to employee giving notice of TUPE situation
    • Folder icon Acting for an employee
      • Item icon Letter from employee to employer refusing to transfer to new entity
  • Folder icon I. Finalising the matter
    • Item icon Letter to client finalising the matter and enclosing our account
    • Item icon Letter to client finalising the matter
    • Item icon Example invoice
    • Item icon Invoice recital - Employment
    • Item icon Enclosure - Explaining the bill
    • Item icon Closing the file
    • Item icon File closing checklist
    • Item icon File review form - General
  • Item icon Further information
  • Item icon Comments and suggestions for By Lawyers

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