This clause needs to reflect the employer’s existing procedures/systems, and actual practice in terms of employee supervision. The point of having a reporting procedure in the contract of employment is to put positive reporting obligations on the employee, so that the employer is aware of what the employee is doing, and has a better chance of supervising their work and dealing with any mistakes. 1 Reporting procedure 1.1 You will report to [insert job title of supervisor or manager] (your ‘Manager’). You must: Clause 1.1.1—reporting activities Check whether the employer has specific reporting procedures or policies (eg monthly reporting on sales) and, if so, include an obligation on the employee to comply with

This Agreement is made on [date] Parties 1 [insert name of employer] [of OR whose registered office is at] [insert address] (the ‘Employer‘) 2 [insert name of company to which employee is seconded] [of OR whose registered office is at] [insert address] (the ‘Company‘) 3 [insert name] of [insert address] (‘you‘) The parties agree: 1 The Employer’s obligations 1.1 The Employer will second you to the Company for the period of [insert number] [weeks OR months] commencing on [insert date] and ending on [insert date] or, if earlier, the date of termination of the Employment Contract (‘Secondment Period’). 1.2 Except where inconsistent with the performance of this Agreement, the Employer and you will continue to perform its and your respective obligations under the agreement dated [insert date] between you and the Employer[ a copy of which is attached as a schedule to this Agreement] (the ‘Employment Contract’) which will remain in force. 1.3 This contract acts as a statement of changes to your written statement of employment particulars under section 4 of the Employment Rights Act 1996 as to your [place of work AND/OR hours of work AND/OR job title] for the

This Practice Note looks at the Conditions of Contract for Plant and Design Build 1999 (commonly referred to as the FIDIC Yellow Book 1999), and the Conditions of Contract for EPC/Turnkey Projects 1999 (the FIDIC Silver Book 1999). Both contracts are intended for use where the Contractor, as opposed to the Employer, is carrying out the design of the Works but there are some key differences, which are described in this Practice Note. For a more detailed look at the individual contracts, see Practice Notes: FIDIC contracts—introduction to the Yellow Book 1999 and FIDIC contracts—introduction to the Silver Book 1999. New editions of the Yellow and Silver Books were published in December 2017. For more information, see Practice Note: FIDIC contracts 2017—what’s changed? [Archived]. What types of projects are the contracts suitable for? While both the contracts envisage that the Contractor will be responsible for carrying out all or the vast majority of the design, and both are fixed price 'lump sum' contracts, that is not to say that they are both suitable

Under a multiple package contract (often referred to in the UK as "multi- contracting" or "construction management"), the plant owner, with the assistance of an Architects Engineer (A/E) (or construction manager) and other consultants, assumes overall responsibility for managing the design and construction of the project.

This Precedent is a sample clause setting out details regarding a probationary period (also known as a probation period or trial period), to be included in a contract of employment. The provision for a probationary period allows the employer to assess the suitability of a newly-appointed employee for the role they have been appointed into and to terminate the employment contract on shorter notice than it would otherwise be able to do under the contract if it is apparent that the employee is unsuitable, or if the employer has changed its mind about the appointment. For an employee with less than 13 weeks continuous service there is no minimum statutory notice requirement. The notice period specified must be not less than one week if the employee has a minimum of 13 weeks continuous service, in order to satisfy the requirements of the minimum statutory notice period The prescribed particulars of employment that must be set out in a written statement include any probationary period (defined as a temporary period specified in the contract of employment or

As to continuity of employment where an employee becomes employed by a new employer who is an associated employer, see Practice Note: Continuity of employment—Change of employer. When dealing with a discretionary or non-contractual bonus, it is necessary to consider: • to which aspects of the bonus the discretion properly applies • constraints on the employer's exercise of discretion (which apply as a result of case law) • the

Working Time Regulations—48 hour weekly working limit across multiple employers Under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, reg 4(1), a worker's working time must not exceed a weekly average of 48 hours (including overtime) for each seven days in any ‘reference period’, unless the employer has first obtained the worker’s agreement in writing to perform such work. The wording of this proviso reflects that it is usually the employer who wishes the worker to ‘opt-out’ of the maximum working week, rather than it being sought by the worker. In relation to young workers (as defined in WTR 1998, SI 1998/1833, reg 2(1)), an employer must also take ‘all reasonable steps’ (to protect the health and safety of workers) to ensure that, in the case of each young worker employed by the employer, the average

Solicitor apprenticeship agreement dated [insert date] Parties 1 [Name of Employer] [of [insert address] OR a company incorporated in [England and Wales] (registered number [insert number]) whose registered office is at [insert address]] (we or us); and 2 [Name of APPRENTICE] of [insert address] (you). 1 Appointment 1.1 This agreement is an approved English apprenticeship agreement within the meaning of section A1 of the Apprenticeships, Skills, Children and Learning Act 2009. It is a contract of employment and is not to be treated as being a contract of apprenticeship. 1.2 We will employ you on the terms and conditions set out in this agreement. 1.3 Your employment with us under this agreement [started on OR will start on] [insert date] and, subject to the terms of this agreement, will terminate automatically on the Expected Completion Date[ unless it is brought to an end earlier by either you or us giving no less than [insert number] [weeks’ OR months’] notice expiring at any time]. No period of employment with any previous employer counts as part of your period of continuous employment

Legal capacity to contract See Q&A: Is it the company behind the trading name or the trading name which is the contracting party to the contract? Does a trading name have legal capacity to enter into a contract?, which confirms that a party can enter into a contract whereby one of the parties is referred to as Example Company Limited trading as Example Trading Name (with company registration number 123456), note however for identification purposes it is useful to include the registered company number, if the company is registered in this way. See also Practice Note: Forming enforceable contracts—authority—Companies

An O&M contract (operation and maintenance contract) is an agreement under which a contractor is engaged to operate, manage and/or maintain an asset or facility on behalf of the owner. It is widely used in infrastructure, construction, energy (including wind, solar and other renewables), transport, utilities and PPP/PFI/DBFM projects across England and Wales, Scotland, Northern Ireland and Ireland, with broadly consistent usage.“O&M contract” is a descriptive commercial term rather than one generally defined in statute or case law. The parties therefore rely heavily on detailed drafting to allocate risk, responsibility and performance standards.Key features typically include: service scope (operation, planned maintenance, reactive maintenance and lifecycle works), performance indicators and availability guarantees, health and safety and regulatory compliance, interfaces with other project documents (such as EPC or design and build contracts), liability and indemnity regimes, insurance obligations, payment mechanisms (including deductions for under‑performance), change procedures, termination rights and step‑in rights for lenders or contracting authorities.In project finance and PPP/DBFM structures, the O&M contract is a critical project document, underpinning long‑term asset performance, bankability and whole‑life cost assumptions.

Construction analysis: The Technology and Construction Court (TCC) found that the ‘conclusive evidence’ provisions in a Joint Contracts Tribunal (JCT) form of sub-contract did not apply to an adjudication on the value of the Final Sub-Contract Sum. The court found that the claimant had commenced adjudication proceedings before the Final Payment Notice (FPN) became conclusive evidence of the Final Sub-Contract Sum, meaning that the adjudicator was not bound by it. Further, the claimant’s failure to serve a timely Referral Notice in the adjudication did not mean that the proceedings should have been treated as concluded or abandoned before the adjudicator made his decision.

This Practice Note provides a practical framework for approaching disputes over the correct construction of a contract. It is based upon the principles of contractual construction set out in Practice Notes: • Contract interpretation—the guiding principles • Contract interpretation—rules of contract interpretation and should be read in conjunction with that guidance. The scenarios in which such disputes arise are infinitely varied. However, whether it arises in the context of a client approaching you complaining of an unexpected demand from another contracting party or in the response from a third party of whom you have made such a demand, the basic assertion is universal—‘that’s not what was agreed’. When this assertion is raised, practitioners will usually be aiming to bring the dispute to a conclusion swiftly and without the need for costly litigation. Having a sound grasp of how a court would approach the construction of the term(s) in dispute will enable you to make confident decisions about whether it is in the client’s bests interests to litigate the matter