Recruitment

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Practice notes

Precedents

Q&As

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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,...

Unfair dismissal remedies—general

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...

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....

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

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

Practice notes

No response, rejected response or claim not contested: employment tribunals

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

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

Practice notes

Unfair dismissal time limit

Three months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the employment tribunal within...

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

Practice notes

The basic award

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...

9th Nov

Practice notes

Striking out and unless orders in employment tribunal proceedings

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

9th Nov

In-house

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

Practice notes

Calculating pension loss in employment tribunal claims

Pension loss will generally only arise in cases where an individual has lost their job and the pension provision that went with that job. An...

Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 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 Recruitment content

Q&As

Is there an obligation under the Senior Managers and Certification Regime (SM&CR) for senior managers to undergo either standard or enhanced criminal records or DBS checks?

As set out in Practice Note: SM&CR—essentials for banks and PRA-designated investment firms, the Financial Conduct Authority (FCA) and Prudential...

28th Nov

Practice notes

Criminal records—asking questions, DBS checks and data protection

STOP PRESS (6/11/20): On 5 November 2020, the ICO published new detailed guidance on criminal offence data. See: ICO publishes new guidance on...

13th Nov

Precedents

Terms and conditions for introduction of candidates for vacancies by a recruitment agency

Brexit impact: The data protection and applicable (governing) law and jurisdiction clauses of this Precedent may be affected by Brexit. For further...

12th Nov

In-house

Precedents

Terms and conditions for supply of temporary staff by an employment business

FORTHCOMING CHANGE: The IR35 regime applicable to off-payroll working, which has applied since 2017 to public sector entities, is extended, from 6...

12th Nov

In-house

Precedents

Letter—advice to employer client on recruitment process

[Insert name and address of client]Private and confidentialDear [insert name][Enter name of employer] (Company): Overview of the recruitment...

9th Nov

Practice notes

Recruitment and selection—data protection issues under GDPR

For information on data protection issues in employment generally, see Practice Notes: •The GDPR and DPA 2018: key data protection issues for...

9th Nov

Practice notes

Pre-employment checks

While the application form and interview process will give a prospective employer some assurances as to a candidate's suitability for a vacant...

9th Nov

Practice notes

References

STOP PRESS (22/10/20): On 21 October 2020, the ICO published new detailed guidance on the right of access and dealing with subject access requests,...

29th Oct

Practice notes

Data protection issues—recruitment and selection [Archived]

ARCHIVED: This archived Practice Note provides information on the data protection regime before 25 May 2018 and reflects the position under the Data...

19th Oct

Q&As

Can an employer ask a candidate on the application form or at interview (a) if they have ever been arrested, cautioned or charged with an offence, even if not prosecuted or convicted (b) if they have ever been subjected to disciplinary action or sanctions, or are currently being investigated by a professional body?

In addressing this query, you may wish to consider:•in relation to criminal convictions, cautions, offences, conduct or circumstances, the provisions...

29th Sep

Q&As

Are employers required to pay the national minimum wage to candidates who work a trial shift as part of a recruitment process?

Designating a period of work as an unpaid ‘trial’ does not mean that the individual is not entitled to be paid the national minimum wage; it will...

29th Sep

Q&As

Is an employer entitled to retain a copy of an employee's DBS certificate and, if so, for how long?

Information as to any offence a data subject has actually or allegedly committed and any resulting proceedings is ‘sensitive personal data’ for the...

28th Sep

Q&As

Is it automatically unfair to dismiss an employee for failing to disclose a caution that was ‘filtered out’ from his pre-employment enhanced criminal record certificate (ECRC)?

Questioning candidates for employment about their criminal record—general protectionsEmployers are not generally entitled to full disclosure of...

28th Sep

Q&As

If an employer is proposing to offer work experience to young people under the age of 18, does it need to introduce a safeguarding policy?

Safeguarding (and promoting the welfare of children) is defined in the Government’s statutory guidance: Working together to safeguard children...

28th Sep

Q&As

What are the key issues when a UK business wants to hire someone who will be domiciled abroad?

The key issues are likely to include:•Recruitment and right to work—whether there are any specific rules in the relevant country governing the...

28th Sep

Q&As

Is an employer bound by the terms of a job offer made to (and accepted by) an employee which contain mistakes in relation to the benefits on offer?

In relation to whether the terms of an offer of employment are enforceable, one would first need to ascertain whether it was intended for the offer to...

28th Sep

Q&As

When should an employer ask a prospective employee/worker if he has the right to work in the UK?

Scope of this answerThis answer covers:•the need to ask all job applicants if they need permission to work in the UK, to avoid the penalties for...

28th Sep

Q&As

Can an employer give a job to whomever they want, or do they have to go through a specific process before taking on a new employee?

The answer to this will depend on:•the extent to which the employer wishes to minimise risks (particularly of discrimination claims)•whether the...

28th Sep

Q&As

What remedies are available to an individual who loses a new job because their ex-employer provides a poor reference in breach of the terms of an Acas-conciliated COT3 agreement which included an agreed form of reference?

Breach of contractThe employment tribunal has no mechanism of its own for making respondents comply with monetary or non-monetary awards (or with...

28th Sep

Q&As

Where an employer is providing a reference to an employee’s prospective employer, including information on the employee’s levels of absence, which conditions for processing personal data (and special categories of personal data) under Regulation (EU) 2016/679, GDPR can the employer rely on?

If the employer includes in a reference information on the employee’s levels of absence, and that information comprises information concerning health,...

28th Sep