Working time and flexible working

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Hearings to decide interim relief applications are public hearings (Queensgate Investments LLP and others v Millet)

The following Employment news provides comprehensive and up to date legal information on Hearings to decide interim relief applications are public hearings (Queensgate Investments LLP and others v Millet)

Exploring the government’s response to the insolvency and corporate governance consultation

The following Banking & Finance news provides comprehensive and up to date legal information on Exploring the government’s response to the insolvency and corporate governance consultation

Government to proceed with measures to enhance TPR’s powers

The following Banking & Finance news provides comprehensive and up to date legal information on Government to proceed with measures to enhance TPR’s powers

Corporate Insolvency and Governance Bill—moratorium

The following Banking & Finance news provides comprehensive and up to date legal information on Corporate Insolvency and Governance Bill—moratorium

Featured Employment content

Payment in lieu of notice (PILON)

The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will...

Contractual redundancy payments

An employee is entitled to a statutory redundancy payment when:•he has been continuously employed for not less than two years•he has been dismissed,...

The term of trust and confidence

Every contract of employment is treated as containing an imposed term of trust and confidence. This requires employers and employees not to conduct...

Letter—secondment letter (employer—employee)

BREXIT IMPACT: The drafting and enforcement of the applicable law (governing law) and jurisdiction clause in this Precedent may be affected by Brexit....

Practice notes

The duty of fidelity and fiduciary duties

All employees are under a duty of fidelity to their employer. The duty of fidelity is also known as the duty of good faith, or of loyalty.Fidelity is...

9th Nov

Precedents

Letter—from employer placing employee on garden leave

[To be typed on employer’s headed notepaper][Enter name and address of employee][Enter date]by handDear [enter name]Garden leaveI refer to [[enter...

9th Nov

Precedents

Letter—TUPE (9) from employee objecting to transfer

[Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the transferor],Proposed transfer of [enter...

9th Nov

Practice notes

Qualifying period for unfair dismissal

For employees starting fresh employment on or after 6 April 2012, the right not to be unfairly dismissed generally only arises when the employee, by...

9th Nov

Precedents

Draft outline script for disciplinary hearing (misconduct)

1Introductions of those present if necessary. Confirm who is taking notes and that copies of the meeting notes will be made available to the...

9th Nov

Precedents

Application—additional information (further and better particulars)

[Insert date][Insert] Employment Tribunal[Insert address]To the [insert] Employment Tribunal[Insert name of case, eg X v Y]Claim Number: [insert claim...

9th Nov

Precedents

Letter—TUPE (3) letter from transferee to transferor to inform of proposed measures

[To be typed on headed notepaper of transferee][Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the...

9th Nov

Practice notes

Definition of dismissal in unfair dismissal

To succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the employer. A contract of employment may...

9th Nov

In-house

Precedents

Letter—long-term sickness absence (6): to employee confirming dismissal on notice (following final written warning)

[To be typed on headed notepaper of employer][Date]Dear [insert name of employee],Re: [insert name of employer] (the Company)Following our most recent...

9th Nov

Practice notes

Employment tribunal case management

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

Precedents

ET3 grounds of resistance—unfair dismissal: protected disclosure

1Paragraph 1 of the Grounds of Claim is admitted.2As to paragraph 2 of the Grounds of Claim, it is denied that the Claimant’s colleagues were...

9th Nov

Precedents

Costs warning letter (employment tribunal)

[ON YOUR LETTERHEAD][Name and address of other party, or other party’s solicitor]Dear [insert contact name][Insert subject of letter, eg names of...

9th Nov

Precedents

Application—postponement or adjournment of hearing

[Insert date][Insert] Employment Tribunal[insert address]To the [insert] Employment Tribunal[Insert case name]Case No: [Insert case number]...

9th Nov

Precedents

ET1 grounds of claim—direct sex discrimination, sexual harassment and constructive dismissal

[Insert in para 8.2 of claim form ET1:]1The Claimant was employed by the Respondent as a [job title]. She worked at the Respondent’s premises at...

9th Nov

Practice notes

Collective agreements

Collective agreements are agreements negotiated between one or more trade unions and employers or employers' associations and which relate to one or...

9th Nov

Precedents

Letter—employer acknowledgement of notification of maternity leave

Date: [insert date]Dear [insert name of employee]Congratulations and thank you for telling me about your pregnancy and the date that your baby is due....

9th Nov

Most recent Working time and flexible working content

Precedents

Letter—Employee’s appeal against rejection of flexible working request

[Insert name of intended recipient, eg Mr X, Human Resources Manager][Insert name of employer company][Insert address of recipient at employer][Insert...

5th Dec

Precedents

Policy and procedure—flexible working

1Introduction1.1This document sets out the Company's policy on handling requests by employees for a variation to their terms and conditions of...

5th Dec

Precedents

ET1 grounds of claim—daily rest and rest breaks

[Insert in para 8.3 or 9.1 of claim form ET1:]1The Claimant is employed as an assistant manager in the Respondent's hotel at [insert address].2The...

5th Dec

Precedents

Letter—Employer’s decision on flexible working request

[Insert name of employee][Insert address of employee][Insert date]Dear [insert employee’s name]I write with reference to your flexible working...

5th Dec

Precedents

ET3 grounds for resisting claim — weekly rest

[Insert in para 6.1 of response form ET3:]1It is denied that the Respondent [refused to permit the Claimant to exercise his rights OR failed to pay...

5th Dec

Precedents

Letter—Employer notifies that flexible working request is being treated as withdrawn

[Insert name of employee][Insert address of employee][Insert date]Dear [insert employee’s name]I write with reference to your flexible working...

5th Dec

Precedents

Notice—from employer requiring worker to take holiday

To: [insert name of worker]

This notice is to info

5th Dec

Precedents

Letter—invitation to employees to sign a workforce agreement

Dear [insert name of worker]Enclosed with this letter is a 'Workforce Agreement' which we would like you to read. This letter explains why we are...

5th Dec

Precedents

Letter — request for opt-out from workers possibly working more than 48 hours a week

Dear [insert name of worker]As you may be aware, the Working Time Regulations 1998 impose a limit on your working time. The precise calculation of the...

5th Dec

Precedents

ET1 grounds of claim—annual leave

[Insert in para 8.2 of claim form ET1:]1The Claimant has been employed by the Respondent for [18 months] as a machinist in the Respondent's textile...

5th Dec

Precedents

ET1 grounds of claim — weekly rest

[Insert in para 8.2 of claim form ET1:]1I am employed as a shop assistant in the Respondent’s newsagents business.2I normally work a six-day week,...

5th Dec

Precedents

Letter—Request for flexible working

[Insert name of intended recipient, eg Mr X, Human Resources Manager][Insert name of employer company][Insert address of recipient at employer]Date:...

5th Dec

Precedents

Notice — of holiday dates from worker to employer

To: [insert name or job title]

I give noti

5th Dec

Precedents

Letter—Employer’s decision on appeal regarding flexible working request

[Insert name of employee][Insert address of employee][Insert date]Dear [insert employee’s name]I write with reference to your appeal regarding your...

5th Dec

Precedents

Agreement — workforce agreement for employer with more than 20 workers

This workforce Agreement is made on [date]Parties1[Insert name of company] [of OR whose registered office is at] [insert address] company registration...

5th Dec

Precedents

Letter — request for opt-out from workers always working more than 48 hours a week

Dear [insert name of worker]As you may be aware, the Working Time Regulations 1998 impose a limit on your working time. The precise calculation of the...

5th Dec

Precedents

ET1 grounds of claim—payment for annual leave

[Insert in para 8.2 of claim form ET1:]1The Claimant has been employed by the Respondent for [three] years. His leave year begins on [insert date],...

5th Dec

Precedents

Agreement — workforce agreement for employers with 20 or fewer workers

This workforce Agreement is made on [date]Parties1[insert name of company][of OR whose registered office is at][insert address] company registration...

5th Dec

Precedents

Letter—Employer’s acknowledgment of appeal against rejection of flexible working request

[Insert name of employee][Insert address of employee][Insert date]Dear [insert employee’s name]Thank you for your notice of appeal dated [insert date...

5th Dec

Q&As

Does travel the night before a training course or an overnight stay during a two day course count as paid time for national minimum wage purposes (for employees carrying out time work or salaried hours work)?

There are four categories of work for the purpose of identifying which hours count (and do not count) as working time for which the national minimum...

5th Dec