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  • 1,500+ Business Documents - Statement of changes to employment particulars
    Statement of changes to employment particularsIf any of the terms in the written statement of employment particulars change, you must give the employee a written statement of that change within one month.Statutory provisionS.4 Employment Rights Act 1996 states that if any of the mandatory terms contained in a written statement of employment particulars change, you must give the employee a written statement containing particulars of the change at the earliest opportunity and, in any event, no later than one month...
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  • 1,500+ Business Documents - Written statement of employment particulars
    Written statement of employment particularsIssuing at least a basic statement of the main terms and conditions of employment is a legal requirement. But the use of a full-blown contract with clauses tailored to suit your needs offers you far greater opportunities in terms of flexibility and control.Legal minimumAs an absolute minimum, the law requires you to provide all employees (and, from 6 April 2020, all workers) with a Written Statement of Employment Particulars. You must now provide this no later than...
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  • 1,500+ Business Documents - Pay secrecy clause
    Pay secrecy clauseThere's no general implied term that employees must keep details of their salary confidential. So if maintaining confidentiality of salary and benefits information is important, you need an express contractual clause to cover the point. Be aware though of the Equality Act exception to the enforcement of pay secrecy clauses.Express clause neededYou can't simply assume your staff are obliged to keep salary details confidential, whether this is their own salary or information they learn about...
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  • 1,500+ Business Documents - Reporting procedure
    Reporting procedureIt's worth including a short reporting procedure in employment contracts in order to put positive reporting duties on employees. Clause benefitsIf you place an employee under a contractual duty to regularly report what they're doing to their line manager, it means the manager is then able to properly supervise their work and so deal with any mistakes or problems at an early stage. It's important though for your clause to reflect your actual practice in terms of employee supervision; there's...
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  • 1,500+ Business Documents - Statement of employment particulars checklist
    Statement of employment particulars checklistOur checklist contains a table which sets out all the employment particulars that must be included in a written statement from 6 April 2020.Statutory provisionsUnder the Employment Rights Act 1996 (ERA), a written statement of employment particulars must contain mandatory information covering such matters as the names of the parties, the date when employment began, the scale or rate of pay, hours of work, holiday entitlement, sick leave and pay, pension schemes, job...
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  • 1,500+ Business Documents - Employee warranties
    ... assist you in defending yourself against any action by their former employer. Conversely, the danger in including this clause is that it may end up highlighting restrictions of which you weren't previously aware, e.g. if the employee then brings them to your attention once they read the clause. Ideally, you should also require your new employee to give you an indemnity with regard to any loss that you may incur as a result of their being in breach of any obligation. Our clause is drafted to include such...
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  • 1,500+ Business Documents - 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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  • 1,500+ Business Documents - 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 will become more important from 1 January 2021 once restrictions are placed on the ability of EU, EEA and Swiss nationals who arrive on or after that date to work in the UK.No right to workOur Right to Work Clause is aimed at ensuring employees must inform you...
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  • 1,500+ Business Documents - 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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  • 1,500+ Business Documents - 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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