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2286 results found showing 1 - 20
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Many failing to read employment contracts properly
At least 5.1 million Brits fail to read their employment contracts properly, according to new research from Which? Legal Service. In a survey of over 4,000 members of the British public, the consumer group found that 26% of workers only skim read their employment contracts, while 6% admitted to not having read them at all. Only three in ten employees receiv...
News | 11 Jun 2010
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Employment contracts: Liquidated damages or penalty clause?
... this new venture. At the time, the Defendant was employed by one of Tullett’s competitors, Link Asset and Securities (Company) Limited (‘Link’). The Claimant was prepared to pay a considerable amount of money for the Defendant (a guaranteed income of £1.2 million during his first year of employment) as they thought that he could make a significant contribution to their business. The Defendant entered into an employment contract with the Claimant in September 2006. The contract included a ‘no show’ clause, that is, a clause stating that should the Defendant not commence work with the...
Case | 28 Aug 2008
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Employment contracts: employee duty to comply with reasonable requirements
Luke v. Stoke-on-Trent City Council Court of AppealThe court of appeal has found in favour of an employer who had tried to make alternative arrangements following sick leave for an employee who claimed she had been bullied and harassed at her place of employment. The claimant was employed as a special needs teacher by the respondent council under a contract of employment which provided that employment was at a specified centre. Following a dispute with the head teacher of the centre the claimant was off sick between October 2002 and April 2003. The council...
Case | 22 Oct 2007
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Illegality in an employment contract requires misrepresentation
In Enfield Technical Services v. Payne and BF Components v. Grace, the Court of Appeal has held that there must be some form of misrepresentation, rather than simply an incorrect categorisation of the employment relationship, before an employment contract can be rendered illegal. Background An employee must have a valid contract of employment to be able to raise a tribunal claim to protect their employment rights, and cannot generally rely on a contract of employment that is tainted with illegality. The qu...
Case | 17 Jun 2008
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Illegality of employment contracts challenged at Tribunal
The Employment Appeal Tribunal has found that if an employment contract which has been entered into in good faith turns out to be illegal it does not preclude a claim under contract or tort law. In the first case the claimant entered into an agreement with the respondent employer that he would provide his service...
Case | 6 Dec 2007
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Changes to employment contracts: do both sides agree?
© Workplace Law Group 2007 All rights reserved Changes to employment contracts: do both sides agree? Changes to employment contracts: do both sides agree? It is the nature of employment contracts that they are likely to be varied at some point during the employment relationship. It may be just to change the salary following a salary increase but it may also be to change the ...
News analysis | 3 Dec 2007
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Employment contracts may include implied terms of "co-operation" and "anti-avoidance"
In the recent High Court case of Takacs v. Barclays Services Jersey Ltd (2006) it was ruled that an employee's claim that a term should be implied into his employment contract to prevent his employer from making it difficult or impossible for him to become entitled to contractual benefits has a sufficient chance of success to allow it to go forward to a full trial. Mr Takacs was a senior employee at Barclays Capital and claimed that his employer deliberately p...
Case | 16 Oct 2006
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Employment contracts: right to amend job duties
...tudies. In Josiah Mason College -v- Parsons, the College came unstuck because its employment contract did not allow it enough flexibility to require the change. The limited flexibility in the contract was insufficient for such a major change in duties. Action points: Use clear wording in employment contracts to allow changes to be made to job duties and location. The more significant the change the clearer the wording will have to be. Regardless of contract wording, changes should be implemented with consultation and be backed by a reasonable business need. Otherwise they may fall foul of the obligat...
Case | 27 Apr 2005
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employment contracts
I am in the process of reviewing a draft employment contract for a small retail soft furnishings business where the following condition has been set: Non Competition, During the term of the employees employment and for a period of 1 year after the end of that term. A,the employee will not,absent the prior written consent of the employer,which w...
Comment | 19 Feb 2007
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employment contract
...ssed, are a matter for you to agree with your staff individually. If the bonus scheme is not based on clear and measurable targets, then you might want to include a phrase such as ?at the company?s discretion? in the details you give to your employee, since they will form part of their contract of employment. You might need to bear in mind also that if the same bonus is regularly paid to staff, it can become in effect part of their contractual benefits through ?custom and practice? even if it?s not mentioned in their employment contract or elsewhere. It?s always best to put details of employee benefi...
Comment | 16 Jan 2006
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employment contract
... projects (ie confine the profit-share to new business)? Are there different approaches to/mechanisms for profit-shares? How do these differ from bonus schemes? Can I operate this without divulging the practice's full financial details to him? Is there a good way of incorporating this in a standard employment contract? What are the pit-falls?
Comment | 12 Jan 2006
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Revised Employment Contract Issued
The Workplacelaw Network has issued the second edition of its standard Employment Contract and Management Guide (v. 2.0, ISBN 1-900648-34-2). The first edition of the document was one of the UK's top-selling employment contracts, suitable for a variety of arrangements including full-time and part-time workers. The contract is authored by Masons solicitors, a highly regarded specialst law firm with offices in the UK, Europe and the Asia Pacific region. Version 2.0 of the contract is published in MS Word format, making it...
News | 16 Jun 2003
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Employment contracts
Rates of pay are a contractual issue. However, I noted the difference between Contractual and Non-Contractual handbooks. A Non-Contractual handbook would serve no purpose, it would have no legla standing and would give the appearance that the employer is trying to absolve themselves of responsibi
Comment | 25 Jun 2011
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Employment contracts
The quick answer to both parts of you question is in general yes. The employee handbook is a company produced document which normally in addition to general information will give specific instructions and policies relating to the staff employment. Therefore this document can form parts of T & Cs for the employee
Comment | 24 Jun 2011
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Employment contracts
Can anyone advise please? Does the employee handbook and it's contents form part an employees contract and if the company fails on any of it's ploicies contained within the employee handbook can the employee chalenge this?
Comment | 23 Jun 2011
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Whistleblowing Protection Extends to Breach of Employment Contract
In a recent case, the Employment Appeal Tribunal (EAT) held that the Public Interest Disclosure Act 1998 protects a whistleblower complaining of a breach of his employment contract. This means that an employee who does not have one year’s service can bring a claim of automatically unfair dismissal if dismissed for complaining of...
Case | 14 Nov 2001
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Employment status: looking outside the employment contract
In Ministry of Defence HQ Defence Dental Service v. Kettle the EAT provided useful guidance on when tribunals can look outside the written terms of the relevant contract to determine a person’s employment status: A tribunal must firstly decide whether the parties intended the document(s) to be the exclusive record of the terms of their agreement. This is a question of fact for the tribunal. If it was the parties’ intention that the document(s) should be the exclusive record of the te...
Case | 1 Mar 2007
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Minimum Holiday entitlement in employment contracts
The current minimum holiday entitlement -including statutory holidays - is 20 days. This is expected to change in October to 24 days. You can specify when holidays need to be taken as long as you advise the employee at the time of appointment. You need to consider what is the business case for do
Comment | 12 Apr 2007
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CIPD Employment Law Award
...f Personnel and Development (CIPD) as part of its new qualifications framework. The unit content replaces the Certificate in Employment Relations, Law and Practice, which has now been withdrawn by the CIPD. Course programme You will learn about: the purpose and principles of employment law; employment contracts; pay and working time; equality, diversity and discrimination law; how to recruit legally and fairly; unfair dismissal and how to avoid it; managing change, reorganisation and redundancy; TUPE transfers; and enforcing employment law and the tribunal process. Why study for the Intermed...
Course_code | 9 Feb 2012
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When is an employment contract illegal? Wheeler -v- Quality Deep Ltd
Court of Appeal: Ward, Wall and Hooper LJJ: 30 July 2004 Background The applicant employee, of Thai orgin and with a limited knowledge of English, was employed between 1999 and 2003 as a cook at a Thai restaurant. On her complaint of unfair dismissal, the employment tribunal found that the employee had been paid £220 per week plus £40 tips, that no deductions for income tax or national insurance contributions had been made by the employer, that the only two payslips the employee could produce wrongly showed payment of a gross amount of £72 per week, and tha...
Case | 10 Dec 2004
