A more recent version of these Contracts Of Employment Consolidation notes – written by University Of Law students – is available here.
The following is a more accessble 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:
Contents of a Simple Contract of Employment & Statutory Restrictions Explain the following clauses and whether they are valid PRELIMINAR Y
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 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).
? Sensible to include provisions dealing with expenses, especially if the employee has to work in a different office. These may include: o The employee must get permission from the employer in order to incur an expense of over PS50 o The employee must provide all receipts of any expenses incurred
? 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 PS13,500 a year. They work 9 hours a day.
The equation: o 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: PS6.31 * 9 * 5 * 52 =
? 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
HOURS OF EMPLOYMEN T/ WORKING TIME REGULATION S
The Employer shall pay the Employee by [specify method of payment] at the rate of [PS (................................ pounds) per week or PS
(................................ 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.]
? 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 o 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 o The worker can opt out of this (see pages 50-52)
? Adult workers are also entitled to: o Eleven consecutive hours' rest in every 24-hour period o An uninterrupted rest period of not less than 24 hours in each seven-day period (in addition to the daily rest period) o Twenty minutes' rest break, provided that the working day is longer than six hours o An entitlement to 5.6 weeks' (i.e. 28 days for a 5-day per week employee) paid annual leave
Buy the full version of these notes or essay plans and more in our Employment Law Notes.