Outsourcing and joint ventures

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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),...

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...

Precedents

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....

9th Nov

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

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

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

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

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

Most recent Outsourcing and joint ventures content

Precedents

Outsourcing agreement—short form

This Agreement is made on [date]Parties1[Customer] a company incorporated in [England] with registered number [company number], whose registered...

Produced in partnership with Toby Crick and Adrian Sim of Bristows LLP 9th Nov

In-house

Precedents

Outsourcing agreement—long form

This Agreement is made on [date]Parties1[Customer] a company incorporated in [England] with registered number [company number], whose registered...

15th Oct

In-house

Practice notes

International outsourcing

This Practice Note considers the following key issues specific to multinational or offshore outsourcing arrangements:•Initial considerations•Deal...

Produced in partnership with Paul O’Hare, Partner and Kathryn Dooks, Partner of Kemp Little and Mike Cashman, Partner of Dorsey & Whitney LLP 15th Oct

Practice notes

Outsourcing exit strategies

One certainty of any outsourcing deal is that it will end. So while not planning for failure, outsourcing contracts should be structured so that they...

Produced in partnership with Bristows LLP 15th Oct

Practice notes

Outsourcing—employment issues

This Practice Note considers the key employment law issues which may arise when drafting and negotiating outsourcing arrangements, focusing in...

Produced in partnership with David Williams and James Champness of Kemp Little 8th Oct

In-house

Q&As

With regard to TUPE on outsourcing, is it possible to provide that TUPE won't apply where an outsourcing contract is terminated early for breach by the service provider?

It is not possible to contract out of the effects of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI...

28th Sep

Q&As

What steps should a first generation outsourcing contractor take when the services it provides are going to be taken over but the identity of the incoming contractor is not yet known?

The facts as you describe them are:•Company A has given notice to terminate its contract with a public body to provide services•the public body has...

28th Sep

Q&As

What contractual arrangements are appropriate where a company wishes to outsource to an individual supplier who wishes to invoice for the services through his own company?

Outsourcing refers to the delegation of a business activity by an organisation (the client) to an external entity (the supplier or service-provider)...

28th Sep

Q&As

Where an outsourcing agreement provides that the transferor is responsible for employment-related liabilities arising ‘on or before the transfer date’, does this mean that, if the transferee terminates the employment of a relevant employee on the transfer date itself the transferor might be liable for the termination costs?

Position under TUPE 2006Under regulation 3(1)(a) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246,...

28th Sep

Practice notes

TUPE—service provision changes

This Practice Note examines service provision changes (SPCs) under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE...

28th Sep

In-house

Practice notes

Outsourcing life cycle

This Practice Note introduces outsourcing deals and covers the following aspects of the life cycle of the typical outsourcing transaction, primarily...

26th Sep

Precedents

Personnel clause

1Definitions[Customer’s Representatives•means the individual (or individuals) identified as such in [insert schedule];]Key Personnel•means the...

26th Sep

Precedents

Letter—TUPE (6) from transferor to transferring employees

[To be typed on headed notepaper of transferor][Date]Dear [enter name of employee]Transfer of employment to [enter name of transferee][As you will be...

26th Sep

Precedents

Letter—TUPE (1) from transferor to transferee requesting details of proposed measures

[To be typed on headed notepaper of transferor][Strictly private and confidential][Date]Dear [insert name of relevant person at the transferee],We...

26th Sep

Precedents

Letter—TUPE (5) from transferee to employee representatives or affected employees

[To be typed on headed notepaper of transferee][Date][Strictly private and confidential]Dear [insert name of trade union or other employee...

26th Sep

Precedents

Letter—enclosing ballot paper for election of employee representatives

[insert date]Dear [insert name]Nominations have now closed for the election of employee representatives. There will now be a ballot in order to elect...

26th Sep

Precedents

Voting form—employee representatives

Voting Form No. [insert number] [Insert details of the voting group as determined by the employer eg the whole workforce, night shift, day shift,...

26th Sep

Precedents

Letter—TUPE (8) from transferee to transferring employees

[To be typed on headed notepaper of transferee][Date]Dear [name of employee][[As you know, ][[with OR With] effect from today OR [on OR On] [insert...

26th Sep

Precedents

Proxy form—voting for employee representatives

[insert details of the voting group as determined by the employer eg the whole workforce, night shift, day shift, management, non-management or...

26th Sep

Precedents

Letter—TUPE (7) from transferor notifying employee liability information

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

26th Sep