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LPC Law Notes Employment Law Notes

Contracts Of Employment Consolidation Notes

Updated Contracts Of Employment Consolidation Notes

Employment Law Notes

Employment Law

Approximately 388 pages

A collection of the best LPC Employment notes the director of Oxbridge Notes (a former Oxford law graduate) could find in 2014 after combing through seventeen LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of Employment Law notes available in the UK this year. This collection of notes is full...

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The following is a more accessible plain text extract of the PDF sample above, taken from our Employment Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Explain the following clauses and whether they are valid
PRELIMINARY

THIS AGREEMENT is made the.. day of .. BETWEEN (1) (employer) [of (address) or whose registered office is at (address)] (‘the Employer’) and (2) (employee) of (address) (‘the Employee’).

IT IS AGREED as follows:

Interpretation

  1. Words importing one gender include all other genders and words importing the singular include the plural and vice versa;

  2. Any reference to a statutory provision shall be deemed to include a reference to any statutory modification or re-enactment of it;

  3. The clause headings do not form part of this agreement and shall not be taken into account in its construction or interpretation;

  4. References in this agreement to any clause sub-clause schedule or paragraph without further designation shall be construed as references to the clause sub-clause schedule or paragraph of this agreement so numbered.
JOB TITLE

Job title

The Employer shall employ the Employee in the capacity of (job title). [In addition to the duties which this job normally entails, the Employee may from time to time be required to undertake additional or other duties as necessary to meet the needs of the Employer's business.] The Employee's employment will commence on (specify) [no employment with a previous employer counts as part of a period of continuous employment or forms part of a continuous period of employment which began on (date) with (name of previous employer)].
PLACE OF WORK

Place of work

The Employee's usual place of work will be (specify) (but the Employee may be required to work at (specify other locations, etc) and/or (the Employee) [will also] be required to work in (specify country/location) outside the United Kingdom] for (specify period).
EXPENSES

  • Sensible to include provisions dealing with expenses, especially if the employee has to work in a different office. These may include:

    • The employee must get permission from the employer in order to incur an expense of over 50

    • The employee must provide all receipts of any expenses incurred
RENUMERATION/ MINIMUM WAGE

  • The protection of wages legislation set out in Pt II of the ERA 1996 protects an employee if an employer fails to pay the proper wages due under the contract, and prevents an employer from making deductions from an employee’s wages unless they are authorised.

  • Example: Employer X wants to pay his office juniors, who range in age from their teens to their fifties, a wage of 13,500 a year. They work 9 hours a day.

  • The equation:

    • The relevant minimum wage rate (as per the table above) * hours per day (including break) * days a week (usually 5) * weeks in a year (52)

      • So for someone above 21: 6.31 * 9 * 5 * 52 = 14,765.40

      • This means the minimum wage is more than the firm was proposing to pay… so for this age range it would be fine

      • Repeat as appropriate for each age range

Remuneration

The Employer shall pay the Employee by [specify method of payment] at the rate of [ (................................ pounds) per week or (................................ pounds) per year payable by equal monthly instalments in arrear on the (day) of each calendar month]. [If the Employee is required to work outside the United Kingdom for longer than one month, specify currency in which salary/wages is to be paid, any additional remuneration and benefits applicable during the period and any terms and conditions relating to the employee's return to the United Kingdom.]
HOURS OF EMPLOYMENT/ WORKING TIME REGULATIONS

  • Weekly working time – In a 17-week period (which may be extended), no worker is permitted to work more than an average of 48 hours (including overtime) a week

    • The reference period of 17 weeks means that, so long as the employee has not worked more than the average in the 17 weeks preceding and including today, then the rules are not breached. In view of this, employers are well advised to put in place early warning systems to check whether an employee is nearing the limit on each rolling period

    • The worker can opt out of this (see pages 50-52)

  • Adult workers are also entitled to:

    • Eleven consecutive hours’ rest in every 24-hour period

    • An uninterrupted rest period of not less than 24 hours in each seven-day period (in addition to the daily rest period)

    • Twenty minutes’ rest break, provided that the working day is longer than six hours

    • An entitlement to 5.6 weeks’ (i.e. 28 days for a 5-day per week employee) paid annual leave

Hours of employment

  1. The Employee's normal hours of employment shall be from (time) to (time) on (specify days) [during which one hour may be taken for lunch at (time) or between (time) and (time).]

  2. The Employee may be required to work such hours outside normal hours of employment as the Employer considers necessary to meet the needs of the business and the Employee shall [not] be paid for such further hours [at the rate of (................................ pounds) per hour].]

or

[There are no normal working hours for this employment and the Employee is required to work at such times and for such periods as are necessary for the efficient discharge of his duties.]
HOLIDAYS/ ANNUAL LEAVE

  • The Working Time (Amendment) Regulations 2007 (SI 2007/2079) came into force on 1 October 2007. The 2007 Regulations increased holiday entitlement to 5.6 weeks (28 days for a 5-day per week employee) on 1 April 2009.

  • Page 54

Holidays

  1. The Employee is entitled [in addition to the normal public holidays] to take (specify number) working days as holidays in each holiday year which runs from (date) to (date) [and the Employee will be paid his normal basic remuneration during such holidays].

  2. If the Employee's employment commences or terminates part way through the holiday year his entitlement to holidays during that year will be assessed on a pro rata basis and deductions from final salary due to the Employee on termination of employment will be made in respect of holidays taken in excess of entitlement.

  3. Holidays must...

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