[Insert name and address of client] Private and confidential Dear [insert name] New data protection privacy notices for employees [Further to our recent conversation[s], ]I enclose: • a draft data protection privacy notice (also known as a ‘data protection notice’ or ‘fair processing notice’), and • a draft explanatory letter to accompany the notice when it is sent to employees Impact of the UK General Data Protection Regulation (UK GDPR) for employers The UK GDPR introduced a raft of changes that affect employers, including: • a standard for consent which considerably restricts the use of consent as a justification for processing data, particularly for employers; • new and extended data subject rights, including notification requirements for more information to be given to employees and job applicants on the purpose(s) and legal grounds for collecting their data. This 'right to be informed' is a data controller's obligation to provide ‘fair processing information’, typically through a privacy notice such as the one enclosed and other methods, to the individuals whose personal data is being processed. It emphasises the need for transparency over how controllers, such

[Insert name and address of client] Private and confidential Dear [insert name] New data protection privacy notices for job applicants [Further to our recent conversation[s], ]I enclose: • a draft data protection privacy notice (also known as a ‘data protection notice’ or ‘fair processing notice’) for job applicants, and • a draft explanatory letter to accompany the notice when it is sent to applicants as part of the recruitment process Impact of the UK General Data Protection Regulation (UK GDPR) for employers UK GDPR provides for: • a standard for consent which considerably restricts the use of consent as a justification for processing data, particularly for employers; • extended data subject rights, including notification requirements for more information to be given to employees and job applicants on the purpose(s) and legal grounds for collecting their data. This 'right to be informed' is a controller's obligation to provide ‘fair processing information’, typically through a privacy notice such as the one enclosed and other methods, to the individuals whose personal data is being processed. It emphasises the need for transparency over how controllers, such

This Precedent is Archived. For an alternative, see Precedent: Defending an employment tribunal claim—client guide. [Insert name and address of client] Private and confidential Dear [insert name] Employment tribunal claim by [enter name of employee] Thank you for instructing this firm in relation to the claim brought against you by [insert name of claimant].[ Please find enclosed with this letter our terms of business.] I have set out below a guide to the standard employment tribunal process that will ensue now that a claim has been accepted by the tribunal, as discussed [at our meeting on [insert date] OR over the telephone on [insert date]]. For the purposes of the employment tribunal proceedings, [insert name of claimant] will be known as ‘the claimant’ and you will be known as ‘the respondent’. Time limits As discussed, you have 28 days from the date on which the employment tribunal sent you a copy of the claim form to file a response.[ As the claim form was sent to you by the tribunal on [insert

[Insert name and address of client] Private and confidential Dear [insert name] [Insert name] (Company): Redundancy consultation process Following our [meeting OR conversation] on [insert date], I write to outline the redundancy consultation process that will need to be followed in this case in order to comply with the statutory consultation obligations and employment protection legislation, and the potential consequences of failing to meet those obligations. This note assumes that[, as we discussed]: • there is no obligation to offer any enhanced redundancy pay; • you do[ not] have in place appropriate [ trade union OR employee] representatives in relation to employees affected by the proposed redundancies; and • [the Company is proposing to dismiss 20 or more employees[ at any one of the Company’s establishments or business units] within a 90-day period, in this round of redundancies. • the proposed redundancies, together with other dismissals [for redundancy AND/OR because of a business reorganisation AND/OR because of changes to terms and conditions AND/OR for a reason that does not relate to the individual employee(s) concerned] would bring the total number of employees dismissed

[Insert name and address of client] Private and confidential Dear [insert name] [Insert company name] (Company): Redundancy consultation process Following our [meeting OR conversation] on [insert date], I write to outline the redundancy consultation process that will need to be followed in this case in order to comply with employment protection legislation. This note assumes that[, as we discussed]: • the Company does not have an existing redundancy policy or procedure, and there is no obligation to offer any enhanced redundancy pay; • there are no employee representatives in place at the Company; • the Company is proposing to dismiss fewer than 20 employees[ at any one of the Company’s establishments or business units] in this round of redundancies; • the Company has not made any other redundancies recently that would bring the total number of employees dismissed (or proposed to be dismissed) to 20 or more within a 90-day period; and • the Company has not dismissed any other employees (bringing the total number to 20 or more within a 90-day period) because of: — a business reorganisation; — changes to terms and conditions; or

[Insert name and address of client] Dear [name] Disciplinary investigation and hearing—employee misconduct I am writing to set out my advice on appropriate procedures to deal with misconduct allegations against [insert name of employee], namely how to conduct the disciplinary investigation and any subsequent disciplinary hearing. The main risks that an employer faces in these circumstances are claims of unfair dismissal if the employee is dismissed, claims of wrongful dismissal if the employee is dismissed without notice for gross misconduct, and claims for constructive dismissal and unlawful discrimination even if the employee is not dismissed. Handling disciplinary issues carefully can help reduce the risk of all these claims being made at all, and reduce the risk of them succeeding even if they are made. Keeping a proper documentary record of the various stages of the process along the way is absolutely crucial, as a full ‘paper trail’ can greatly assist in defending employment tribunal claims; I deal with this issue at the end of this letter. It is also very important to[ follow your own procedures for

[Insert name and address of client] Private and confidential Dear [insert name] [Insert name] Employment tribunal claim Outcome of claim I can confirm that I have now received a copy of the tribunal judgment and written reasons in this matter. I am pleased to inform you that [your claim has been successful OR the claimant’s claim has been dismissed]. [ [ For successful respondent: ]Therefore, unless there is a reconsideration of the judgment or the claimant appeals the judgment (see below), the litigation related to this claim will come to an end and no remedy will be awarded to the claimant.] [ [ For successful claimant on liability only judgment: ]As your claim has been successful, we now need to determine the remedy to which you are entitled[, including the amount of financial compensation you are due AND/OR what declarations are appropriate for the tribunal to make AND/OR what recommendations the tribunal should make]. The remedy may either be agreed between the parties’ representatives, or determined by the same tribunal panel, if we are unable to agree. I will need your

[TO BE TYPED ON THE HEADED NOTEPAPER OF THE EMPLOYER] [Insert name of unsuccessful candidate] [Insert address of the unsuccessful candidate] [Insert date] Dear [insert name] Results of the election for employee representative(s) Thank you for standing as a candidate for election as an employee representative for the purposes

[Insert name and address of client] Private and confidential Dear [insert name] [Insert name] Employment tribunal claim Outcome of claim I can confirm that I have now received a copy of the tribunal’s judgment and written reasons. Unfortunately, the tribunal has found against [you OR the respondent] on this occasion, [insert brief summary of the tribunal’s findings, eg and has upheld the claimant’s unfair dismissal claim]. I know that this outcome will not be welcome news and I therefore set out your options below. Next steps You have three options open to you at this stage. You may either: • accept the decision of the tribunal[ and move on to deal with remedy]; • apply to the tribunal to reconsider its judgment; or • appeal the judgment to the employment appeal tribunal (EAT). Prospects of success of on reconsideration or appeal Having considered the judgment today, my provisional view is that this is a case in which there is [a reasonable OR no reasonable] prospect of a successful [reconsideration OR appeal OR reconsideration or appeal] of the decision for the following reasons: [insert

[Insert name and address of witness] Private and confidential Dear [insert name] [Insert name] Employment tribunal claim Employment tribunal hearing [insert date] Further to our recent [correspondence OR discussions], I write in order to provide you with some information as to the tribunal procedure, and what to expect at the hearing listed for [insert date], at which you have agreed to appear as a witness. Before the hearing It would be most helpful if, before the hearing, you familiarise yourself with your witness statement and any documents that I have sent to you for the purposes of this hearing. As discussed when we prepared your witness statement, it is very important that you are happy with its contents, as the more confident you are with your statement, the easier you will find the experience of giving evidence and the better your evidence will come across to the tribunal. If you have any questions regarding your statement, please do not hesitate to contact me. [If your employer is reluctant to release you

[Insert name and address of client] Private and confidential Dear [insert name] [Insert name] Employment tribunal claim—preparation of your witness statement Further to [our conversation on [insert date] OR my letter of [insert date]], I write in relation to the preparation of your witness statement. Set out below is a summary of the process that we will adopt in order to prepare your witness statement. I also include guidance on giving evidence to a tribunal, should the matter proceed to a hearing. Preparing your witness statement As discussed, I understand that you are able to provide evidence in this case in relation to [insert an account of parts of the claim with which this witness can assist]. Your witness statement provides you with an opportunity to set out all the facts relevant to [the claim OR the response to the claim], of which you have personal knowledge. It is therefore important to ensure that your statement is as full and precise as possible. In order to prepare your witness statement, we will need to [arrange a

ARCHIVED: This Precedent has been archived and not maintained. From 1 September 2021, candidates can only qualify via the training contract route if they satisfy the SRA’s transitional requirements. Otherwise, they must qualify via the Solicitors Qualifying Examination (SQE), for information on which see Practice Note: The Solicitors Qualifying Examination (SQE). [ Subject to contract ] Dear [insert name of trainee solicitor] Following [your interview on [insert date],] I am pleased to confirm the Firm's offer of employment as a trainee solicitor, subject to the conditions set out below. [If accepted, this offer will be formalised in OR I attach][our standard recognised training contract] (the ‘Training Contract’), the terms of which will prevail if they conflict with the details given below. Terms of offer The principal terms of our offer are: 1 to provide recognised training for you in accordance with the SRA Standards and Regulations (the ‘Standards and Regulations’)[ and guidance for law firms published by the SRA]. 2 your recognised training[ and your employment with the Firm] will begin on [insert date] (the ‘Commencement Date’) and, subject to the terms of the Training