Outsourcing and joint ventures

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Latest Employment News

Equal pay: Supreme Court guidance on ‘common terms’ where comparator is at different establishment (Asda Stores v Brierley and others)

The following Employment news provides comprehensive and up to date legal information on Equal pay: Supreme Court guidance on ‘common terms’ where comparator is at different establishment (Asda Stores v Brierley and others)

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)

Featured Employment content

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....

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...

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...

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...

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

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

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

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

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. 12th Jan

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 Outsourcing and joint ventures content

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...

9th Apr

In-house

Practice notes

Central government outsourcing—Fair Deal 2013 and pensions

Special provisions normally apply to ensure a minimum level of pension protection for employees whose employment compulsorily transfers from central...

Produced in partnership with Paul Carney of Shoosmiths 9th Apr

Practice notes

TUPE and Beckmann issues in a private sector outsourcing

THIS PRACTICE NOTE APPLIES TO OCCUPATIONAL AND PERSONAL PENSION SCHEMESAutomatic statutory transfer of terms and conditions of employmentIn a private...

Produced in partnership with Dentons 9th Apr

Practice notes

Local government outsourcing—the pension issues

The Best Value DirectionThe government’s ‘Fair Deal’ policy was first introduced in 1999 and set out how pensions issues should be dealt with when...

Produced in partnership with Gary Delderfield of Eversheds Sutherland 9th Apr

Practice notes

Key pension issues in a private sector outsourcing

THIS PRACTICE NOTE APPLIES TO OCCUPATIONAL AND PERSONAL PENSION SCHEMESThe nature of an outsourcingOutsourcing involves an organisation entering into...

Produced in partnership with Dentons 9th Apr

Practice notes

TUPE's effect on PF2s and other PPPs

TUPE 2006, PF2s and other PPPsPublic/private partnership (PPP) projects, including Private Finance 2 (PF2) projects, can entail transfers of...

Produced in partnership with Lee Digings of Lee Digings Associates 9th Apr

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 9th Apr

Practice notes

Corporate joint ventures—employment issues

Formation of the joint venture entityThis Practice Note outlines the employment issues that require consideration when setting up, running and ending...

Produced in partnership with Paula Rome of Shoosmiths 8th Apr

Practice notes

Outsourcing—employment 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...

Produced in partnership with David Williams and James Champness of Kemp Little 7th Apr

In-house

Precedents

Letter—TUPE (8) from transferee to transferring employees

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

7th Apr

Practice notes

TUPE—information and consultation

Where there is a business transfer or service provision change amounting to a relevant transfer under the Transfer of Undertakings (Protection of...

7th Apr

In-house

Practice notes

TUPE—business transfers

Relevant transfers under the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006) are:•business...

22nd Mar

In-house

Practice notes

TUPE—public sector transfers

This Practice Note provides guidance on how the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006) apply to...

19th Mar

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...

19th Mar

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...

Produced in partnership with Bristows 26th Feb

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 26th Feb

Precedents