Recruitment

View Employment by content type:

News

Practice notes

Precedents

Q&As

Latest Employment News

Holiday taken but unpaid cannot be carried forward for holiday pay claim (Smith v Pimlico Plumbers)

The following Employment news provides comprehensive and up to date legal information on Holiday taken but unpaid cannot be carried forward for holiday pay claim (Smith v Pimlico Plumbers)

Employment weekly highlights—8 April 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—8 April 2021

Route map for retained EU law—a new Court of Appeal judgment (Lipton v BA City Flyer Ltd)

The following Banking & Finance news provides comprehensive and up to date legal information on Route map for retained EU law—a new Court of Appeal judgment (Lipton v BA City Flyer Ltd)

Employment weekly highlights—1 April 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—1 April 2021

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

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—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

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

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 Recruitment content

Precedents

Agreement—terms of engagement for temporary agency worker

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

In-house

Precedents

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

STOP PRESS: From 6 April 2021, the IR35 regime applicable to off-payroll working, which has applied since 2017 to public sector entities, is extended...

9th Apr

In-house

Practice notes

Job description and person specification

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Employing children and young persons

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

English language fluency duty for public authority workers

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Criminal offence data—employment data protection issues

From IP completion day (11pm on 31 December 2020), Regulation (EU) 2016/679, General Data Protection Regulation (GDPR) is retained EU law (see...

9th Apr

Practice notes

Selection: shortlisting, interviewing and decision-making

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Advertising and other recruitment methods

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Right to work checks: lists A and B

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Duncan Bain of Penningtons Manches 9th Apr

Practice notes

Right to work checks: how to conduct the check

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Duncan Bain of Penningtons Manches 9th Apr

Practice notes

Right to work checks: when and why

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Duncan Bain of Penningtons Manches 9th Apr

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...

8th Apr

Precedents

Letter—employee offer letter

[Subject to contract]Dear [insert name of employee]Following [your interview on [insert date], ]we are pleased to offer you employment as [insert job...

7th Apr

In-house

Practice notes

Deciding appropriate employment status

UPDATE: The government published a consultation on employment status on 7 February 2018 seeking views on how to make the employment status rules for...

7th Apr

In-house

Precedents

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

STOP PRESS: From 6 April 2021, the IR35 regime applicable to off-payroll working, which has applied since 2017 to public sector entities, is extended...

6th Apr

In-house

Practice notes

Apprenticeship levy—use of the funds by employers

Coronavirus (COVID-19): This Practice Note is updated to take account of the temporary flexibilities and measures to support employees introduced by...

29th Mar

Practice notes

Recruiting from a competitor—issues for employers

This Practice Note examines the legal and practical issues that may arise when an employer (referred to in this note as the 'new employer') seeks to...

25th Mar

Practice notes

References

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

25th Mar

Practice notes

Recruitment and selection—data protection issues

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

24th Mar

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...

23rd Mar