Under the Employment Rights Act 1996 (ERA 1996) and the Paternity and Adoption Leave Regulations 2002 (PAL Regs 2002), SI 2002/2788, employees are entitled to paternity leave and statutory paternity pay (SPP) in certain circumstances relating to the placement for adoption of a child or children. Paternity leave can be either one whole week or two consecutive whole weeks. It cannot be broken up into odd days. In the case of adoption, if paternity leave is taken it must start and finish

During the notice period, the employee remains subject, and entitled, to the terms of his employment contract; he is entitled to work out his notice and to be paid—see Practice Note: Contractual notice. It may be possible for the employer and employee to agree to a shorter notice period; if, for example, a one-week notice period is agreed, the employer will only need to pay the employee for that one week. The employer may also wish to consider: • whether the employee has any accrued but

Where an employee has insufficient length of service to bring an unfair dismissal claim under the statutory regime set out in Part X of the Employment Rights Act 1996 (ERA 1996) (ERA 1996, s 94), if the circumstances of the termination are not such that the statutory qualifying period for bringing a statutory claim is reduced or dispensed with entirely, any termination of their employment will need to be considered in terms of common law principles. For further information, see Practice Note: Qualifying period for unfair dismissal. Under common law, if an employer dismisses an employee in breach of contract, eg dismissal without notice due under the contract, then such a dismissal would be wrongful. For further information, see Practice Note: Wrongful dismissal compensation. Constructive dismissal Dismissal

Consideration should be given to: • the contractual position • the position under the National Minimum Wage Act 1998 An employee’s contract of employment will usually set out standard working hours they are expected to be available for work (see, Practice Note: Written statements of employment particulars—to 5 April 2020 [Archived]), often with a degree of flexibility built in allowing the employer to vary normal hours in the interests of business efficacy. There may also be express provisions in the contract relating to work over and above those standard working hours (ie overtime work), and whether an employee

Where an employee has taken a career break, the respective rights and obligations of the parties in relation to the terms on which such break is taken, and the terms on which the employee will return to work, will generally depend on what was agreed. Key issues for consideration include: • the status of the contract of employment during the break • whether continuity of employment is preserved during the break, or broken by the break • the statutory or contractual rights the employee may have during the break • the basis on which the employee is to return at the end of the break, and whether their

For information: • on time off for adoption appointments generally, see Practice Note: Time off work for adoption appointments • on adoption leave generally, see Practice Note: Adoption leave As mentioned in Practice Note: Adoption leave—Adoptions from overseas, the provisions of the Paternity and Adoption Leave Regulations 2002 (PAL Regs 2002), SI 2002/2788 are modified in relation to adoption leave in the case of an adoption of a child from overseas. The provisions of the PAL Regs 2002, SI 2002/2788 are also modified in relation to paternity leave. ‘Adoption from overseas’ means the adoption of a child who enters Great Britain from outside the UK in connection with or for the purposes of adoption which does not involve the placement of the child for adoption under the law of any part of the UK. For these purposes, the following definitions in PAL Regs 2002, SI 2002/2788, reg 2 are modified: • ‘adopter’, in relation to a child, means a person by whom

The mutual rights and duties of the members of a limited liability partnership (LLP) are governed by agreement between the members or between the LLP and its members. In the absence of an agreement, certain default provisions under the Limited Liability Partnerships Regulations 2001 (LLPR 2001), SI 2001/1090 apply, the following of which may be relevant: • every member of an LLP may take part in its management • any difference arising as to ordinary matters connected with the business of an LLP may be decided by a majority of its members, but a change to the nature of an LLP's business can only be made with the consent of all of its members For further information, see Practice Note: The nature of a limited liability partnership and its legal framework and Q&A: How do the members of an LLP make decisions

Under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, a worker is entitled: • to 5.6 weeks’ annual leave or holiday, and • to be paid for that holiday For further information: • on the right to holiday, see Practice Note: Holiday, and • on the right to holiday pay, see Practice Note: Holiday pay The right to annual leave may not be replaced by a payment in lieu ‘except where the worker’s employment is terminated’. ‘Employment’ for these purposes means employment under the worker’s contract. WTR 1998, SI 1998/1833 does not specifically state which provisions should be used

Unless the employment contract stipulates otherwise, salary is deemed apportionable and accrues from day to day. Where an employee is entitled to an annual salary paid on a monthly basis, this means that, if the contract comes to an end by death, dismissal or some other event, the employee (or his estate) is entitled to an apportioned part of the month’s salary payment. In Hartley, the Supreme Court considered the case of teachers paid an annual salary, where monthly payments were made every month,

A salary sacrifice arrangement involves an employee electing to forego (or ‘sacrifice’) a proportion of their salary or wages in return for their employer substituting a new or improved non-cash benefit, usually, but not always, one that attracts a tax and/or National Insurance contributions (NICs) exemption. As such, it requires a contractual change to the employee’s terms and conditions of employment relating to their salary. Once the sacrifice and change to contractual terms has been made, the employee’s basic salary is adjusted and the non-cash benefit is treated like any other benefit for contractual purposes (although the parties may agree to refer to the pre-sacrifice level of cash salary to calculate, for example, salary increases, if they so choose). For further information, see Practice Notes: • Salary sacrifice—basic principles • Types of salary sacrifice, and • Implementing a salary sacrifice See also HMRC’s Employment Income Manual: EIM42750–EIM42790:

Where an employee is given notice of termination, they remain subject, and entitled, to the terms of their employment contract for the duration of the notice period—they are entitled to work out their notice, and to be paid. The entitlement to payment generally hinges on the employee being willing and available for work during their period of notice (unless they are absent, for example, on account of taking holiday, or illness). Where, as in this case, the employee is to be given notice of termination before a proposed period of unpaid sabbatical is due to start: • if the employee is given an opportunity to work out their contractual notice, and • the employee requests, and the employer agrees, that a portion of their notice period

Under Recital 63 and Articles 12, 15 of Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR), individuals have the right to obtain: • confirmation that their data is being processed • access to their personal data, and • other supplementary information. This largely corresponds to the information that should be provided in a privacy notice and includes information of