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Contract and Status
We use the term 'contracts and status' to group together a lot
of employment law topics dealing with individual terms of a contract
of employment, the law on contracts of employment, the distinction
between workers, employees and the genuinely self employed. These
issues arise in respect of such matters as whether a home worker
is entitled to holiday pay.Topics within this area include:
- what is a casual worker and what rights do they have?
- Consultancy Agreements - with 3 parties, for example, between
a consultant, the consultant's personal service company and the
client. Within this topic one must consider the taxation implications
of IR35.
- Consultancy Agreements - with 2 parties whether in long or short
form
- The rules on continuity of employment
- Contract of Employment - Company car contract terms and policies
- Contract of Employment - Fixed term contracts
- Contract of Employment - Implied terms
- Contract of Employment - legal requirements for minimum written
information to be given
- Contract of Employment - Service agreements for directors and
senior executives
- Contract of Employment - Staff Handbooks - what to put in and
what to leave out
- Contract - what are workers and what rights do they have
- Contracts of Employment - Employees' inventions - how do you
protect your company's intellectual property
- Contracts of Employment - Expenses - does your company have
a policy in place?
- Contracts of Employment - Garden leave - does your company protect
itself by having garden leave clauses in its contracts? Can an
employee be placed on garden leave against his or her will?
- Contracts of Employment - Grievance procedures - do they comply
with the law? Will they prevent grievances escalating perhaps
to tribunal? Does the policy allow the presence of a representative
for the employee and if so does it comply with the law on representation?
- Contracts of Employment - Holiday clauses - does your contract
comply with the working time regulatory requirements on holidays
and within those requirements is your company protected. What
is your company's policy on holidays for employees on long-term
sickness absence?
- Contracts of Employment - Holiday pay - how much do you have
to pay, what happens about holiday pay on termination?
- Contracts of Employment - Mobile phones - do you have a policy
on private use?
- Contracts of Employment - Mobility clauses/ Relocation requirements
- do you have them and if so have you considered the sex discrimination
aspects of such clauses. In a redundancy situation can you rely
on a mobility clause?
- Contracts of Employment - Notice periods, there are minimum
periods, are your contracts compliant with the rules, when can
you dismiss without notice? What is the relationship between payment
in lieu of notice clauses, garden leave and restrictive covenants
in relation to notice periods?
- Contracts of Employment - Offer letters - is your company protected
against inadvertently entering into a contract of employment before
it is ready? Can a company withdraw an offer of employment after
it has been made?
- Contracts of Employment - Overtime - can it be made compulsory,
are there any rules on payment for overtime, can a company change
its employees terms and conditions to require overtime to be worked?
- Contracts of Employment - Probationary periods- this subject
provides lots of disputes - is your company using probationary
periods properly and does it have a system in place to review
employment at the end of such periods?
- Employees - Employees' duties/liabilities - what can you require
your employees to do - what if they don't do what they are supposed
to?
- Employers - Employers' duties/liabilities
- Employers -Associated employers
- Employment status
- Fixed term contracts
- Leave of absenceContracts and Status - Part time workers - See
Equal Opportunities
- Qualifying periodsContracts and Status - Recruitment Agencies
- Terms
- Recruitment Businesses
- Secondment agreements
- Self-employment
- Short time working
- Sick leave clauses
- Taxation
- Training Agreement repayment terms
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