Documents
Ready-made and fully up-to-date employment documents that cover all your personnel dealings

< Go back

Contractual clauses (72)

Accommodation clause
This clause may be inserted where an employee is required to live on site for the better performance of their duties. Further informationProvision of accommodation will be regarded as a benefit, and therefore part of remuneration. However, if the employee is required to live on site for the better performance... Read more
DOWNLOAD
Type: Clause
Apprenticeship agreement
Employers are allowed to employ apprentices on contracts of employment, rather than on contracts of apprenticeship, subject to complying with a number of specified conditions. Our apprenticeship agreement complies with those conditions.  Benefit of contract of employmentA worker employed under a contract... Read more
DOWNLOAD
Type: Agreement
Approved English apprenticeship agreement
Employers are allowed to employ apprentices on contracts of employment, rather than on contracts of apprenticeship, subject to complying with specified conditions. Our approved English apprenticeship agreement complies with those conditions.   Development of approved English apprenticeshipsWhilst the... Read more
DOWNLOAD
Type: Agreement
Blanket power to vary contract clause
Be careful when using our blanket power to vary contract clause - there's a high risk you won't be able to rely on it to make significant changes to an employee's contract of employment. That said, it's useful for non-fundamental changes and as a bargaining tool to persuade an employee to agree to changes.Contractual... Read more
DOWNLOAD
Type: Clause
Bonus payment clause
Only include a bonus payment clause in your contract of employment if you actually intend to pay a bonus to the particular employee. It's also always safer to make bonus payments discretionary rather than contractual entitlements, although be aware that your discretion is not absolute.Only if necessaryIf... Read more
DOWNLOAD
Type: Clause
Casual worker agreement
If you use casual workers where there's no guarantee you'll offer them work and the worker won't generally be expected to accept any work offered, you can use our casual worker agreement. Whilst our agreement is drafted to confer worker status, and not employee status, an employment tribunal will always... Read more
DOWNLOAD
Type: Agreement
Checklist of information needed to draft restrictive covenants
This checklist covers matters to be considered when drafting restrictive covenants.   When is it useful to have restraints in place?You may wish to restrict an employee's activities (particularly in the case of a senior employee), both before and/or for a period after they leave, by way of restrictive... Read more
DOWNLOAD
Type: Checklist
Commission clause
The salaries of employees who are in sales roles is often comprised of a basic element plus guaranteed commission which is calculated according to the number of successful sales made. In this situation, the employee's written statement of employment particulars will need to specify how the commission... Read more
DOWNLOAD
Type: Clause
Compassionate leave clause
Our compassionate leave clause goes beyond the statutory right to time off for dependants and focuses on the death or very serious illness of an immediate family member. Subject to statutory provisions, it's really up to you to decide how much compassionate leave you want to provide and how long you... Read more
DOWNLOAD
Type: Clause
Confidentiality clause
An employee owes a duty of confidentiality to you, which continues during the period of employment and, to a more limited extent, after termination. The extent of the duty depends on the facts and circumstances of each case but the more senior the employee, probably the greater the duty owed. A confidentiality... Read more
DOWNLOAD
Type: Clause
Consultancy agreement (clause)
Consultancy agreementIf you hire a self-employed consultant for their expertise in an area that your employees may be lacking, you should put in place an agreement that not only sets out the arrangements between you but also goes as far as possible in ensuring there is no employment relationship. Categories... Read more
DOWNLOAD
Type: Agreement
Consultancy offer letter
Our consultancy offer letter is designed to complement our consultancy agreement - issue it to make an offer of engagement to a self-employed consultant and then, once the offer has been accepted, you can later follow it up with the consultancy agreement.Genuine self-employmentYou can only use our Consultancy... Read more
DOWNLOAD
Type: Letter
Contract drafting checklist
 This checklist may be used as a guide when drafting a contract of employment for a particular employee, adapting a general model agreement, or to assist with gathering information in order to instruct an external advisor to draft a contract.  See also our written statement of employment particulars... Read more
DOWNLOAD
Type: Checklist
COT3 clause
 Acas will normally draw up the agreement using a standard form known as a "COT3" when the settlement of a dispute between you and an employee is reached through Acas. This is an example of the wording that can be used on the form in relation to such a settlement.  Note that this is an example only... Read more
DOWNLOAD
Type: Clause
Credit and charge card clause
Use our credit and charge card clause where you issue an employee with a company credit or charge card. It sets out what the card can be used for, what must be done if it's lost, damaged or stolen and what happens if it's misused.Business-related expensesThe first point is that any credit or charge card... Read more
DOWNLOAD
Type: Clause
Deductions from wages clause
A deductions from wages clause enables you to make deductions from an employee's pay in the event that the employee fails to work out their notice period or where they otherwise owe you money. Unauthorised deductionsSubject to certain exceptions (for example, income tax and National Insurance deductions),... Read more
DOWNLOAD
Type: Clause
Demotion clause
As an alternative to formally warning or dismissing an employee for misconduct or poor work performance, it is permissible to provide in the contract that they will be demoted on a temporary basis.When can you demote?Demotion is the act of reducing an employee's status or contractual entitlement. You... Read more
DOWNLOAD
Type: Clause
Deputising clause
Use our deputising clause to set out the terms on which an employee may be asked to act up as a deputy supervisor or deputy manager on a temporary basis to cover staff absence. Expect to pay an increased salary for extra duties and responsibilities.An agreement to act upSituations may occasionally arise... Read more
DOWNLOAD
Type: Clause
Director's service agreement
Any director who is also an employee of the company should always be given a service contract. As well as ensuring there are no arguments over their status it should also minimise the possibility of any other misunderstandings arising. The enclosed agreement is all encompassing and addresses all the... Read more
DOWNLOAD June 2019
Type: Agreement
Driving licence requirement clause
Insert this clause into the contracts of employment of those staff who are required to drive as part of their job duties. If the employee should later lose their licence, a dismissal may be possible but this will depend on all the circumstances of the particular case.Conditional offerCertain job roles... Read more
DOWNLOAD
Type: Clause
Electronic signatures clause
If you put a suitable online platform in place, employees can sign their employment contracts using e-signatures, whether that means typing their name or a unique code into the contract or using a stylus pen. Use our clause in employment contracts to make clear that e-signatures have the same legal effect... Read more
DOWNLOAD
Type: Clause
Employed or self-employed checklist
 This checklist sets out the main factors which may indicate whether an individual is employed or self-employed. Some pointers in considering relevant factors There is no exhaustive list of the factors that are relevant. Consequently, you can't just run through this checklist as a mechanical exercise,... Read more
DOWNLOAD
Type: Checklist
Employee contract pay in lieu of notice clause
In the absence of an express payment in lieu of notice clause, you don't have the contractual right to terminate employment summarily upon making such a payment. This doesn't mean you can't do it, but you do need to weigh up all the pros and cons.PILON or damages?In the absence of an express Employee... Read more
DOWNLOAD June 2019
Type: Clause
Extra bank holidays clause
If the government announces an extra bank holiday, whether employees are then entitled to an additional day's holiday will depend on the wording of their employment contracts.   Extra bank and public holidaysOccasionally, the government grants special or extra bank or public holidays on a one-off basis... Read more
DOWNLOAD October 2019
Type: Clause
Fixed-term contract clause
When you wish to set up a fixed-term contract with an employee that's to come to an end on a specified date or when a specific project or task is completed, you will need to insert a clause into their written statement of employment particulars.In a fixA contract of employment will be treated as being... Read more
DOWNLOAD
Type: Clause
Flexible job duties clause
A flexible job duties clause means you can require an employee to undertake additional or alternative tasks and duties as the needs of the business dictate, provided they are within the employee's capabilities and skills base, and are not demeaning.The need for flexibilityA job description usually focuses... Read more
DOWNLOAD
Type: Clause
Flexitime clause
Permitting employees to work flexitime boosts morale and commitment and can result in increased productivity and better performance. However, it won't be suitable for all businesses and, even if you do want to introduce such a system, you need to carefully set out rules on how it will operate in practice.... Read more
DOWNLOAD
Type: Clause
Garden leave clause
A garden leave clause enables you to place an employee on leave during the notice period following either their resignation or dismissal with notice. It is used as an alternative to the employee working out their notice period or paying them in lieu of notice.What is garden leave?Essentially, garden... Read more
DOWNLOAD
Type: Clause
Governing law and jurisdiction clause
Our clause says that the contract is governed by the laws of England and Wales and the courts of England and Wales have jurisdiction to settle disputes. Whilst you can select the governing law, you can't contract out of "mandatory rules". There's also little benefit in having a jurisdiction clause because... Read more
DOWNLOAD
Type: Clause
Holiday pay on termination clause
Employees frequently leave employment having taken more annual leave than they've accrued during the holiday year and it's safe to assume that you'll want to recoup the excess from any final salary payment due. However, without a holiday pay on termination clause, you can't do this.No clause, no deductionIn... Read more
DOWNLOAD
Type: Clause
Holiday shutdown clause
If you completely close down your business for a couple of weeks during, for example, the Christmas or summer period, you will probably want to ensure that the period of shutdown is taken by your employees as part of their annual leave entitlement. Our holiday shutdown clause provides for this eventuality.Open... Read more
DOWNLOAD
Type: Clause
Intellectual property clause
An intellectual property clause is particularly useful where, for example, employees design software programs, perform development work in laboratories, invent things or write articles, books, plays, etc. However, you are unlikely to need an intellectual property clause for all your staff.Belongs to... Read more
DOWNLOAD
Type: Clause
Job-share clause
If two employees share a full-time role on a job-share basis, it's worth inserting our job-share clause into both of their contracts of employment. Be aware that if one job sharer leaves, you can't just dismiss the other one.Legal positionA job share occurs where two (or possibly more) employees share... Read more
DOWNLOAD
Type: Clause
Lay-off and short time working clause
If your business is subject to cyclical demand, consider inserting a lay-off and short time working clause enabling you to lay off an employee for periods where you won't have to give full pay.No general right to lay offYou have no right to lay off employees without pay in the absence of an express term... Read more
DOWNLOAD
Type: Clause
Letter enclosing copy of employee's contract of employment
Sometimes, a forgetful employee will lose their original contract of employment and you'll be asked to provide them with a copy. Alternatively, you might feel it's appropriate to draw their attention to your terms and conditions. Either way, you should get their written confirmation that this document... Read more
DOWNLOAD
Type: Letter
Limiting disciplinary procedure clause
If you don't want to get bogged down by your disciplinary warnings procedure in respect of short-serving employees, our limiting disciplinary procedure clause might be just what you're looking for. An unfair dismissal?Employees who have sufficient continuous employment with you (two years) have the right... Read more
DOWNLOAD
Type: Clause
List of gross misconduct offences
As part of your disciplinary procedure, it's wise to insert a list of the offences that you regard as potential gross misconduct and which could therefore render the employee liable to summary dismissal, i.e. dismissal without notice.Drawing up a listWhilst it's obvious to most employees that certain... Read more
DOWNLOAD September 2019
Type: Miscellaneous
Medical examinations clause
Even with the contractual power to do so, you can't force an employee to undergo a medical examination. To do so would amount to a breach of their privacy and, if the doctor doesn't have the patient's consent, a civil trespass and a criminal assault. However, there are still benefits to having a medical... Read more
DOWNLOAD
Type: Clause
Mobility and relocation clause
For senior employees, you may deem it essential that they agree to be mobile to suit the needs of your business. A clear contractual right to require an employee to work at a new location is therefore necessary.On the moveEmployment tribunals are only prepared to imply very limited mobility clauses into... Read more
DOWNLOAD
Type: Clause
No oral variation clause
A no oral variation clause is one which states that any contract amendments or variations must be in writing, so oral agreements are ineffective. If you include it in employment contracts, it can give certainty, but make sure you don't also require the employee to sign to agree any variations as you're... Read more
DOWNLOAD
Type: Clause
Notices clause
Use our notices clause to include express provisions in the employment contract on how notices may be given and when they're deemed to have been received for contractual purposes. In the absence of an express contractual term, your written notice to terminate the employment contract will otherwise only... Read more
DOWNLOAD
Type: Clause
On-call work clause
If you have workers who are required to be on call (usually overnight and at weekends to deal with workplace emergencies), use our on-call work clause to set out the contractual position, what's expected of the employee when on call and what payment they'll receive.Voluntary or contractual?Sometimes,... Read more
DOWNLOAD
Type: Clause
Opt-out clause
As an alternative to an opt-out agreement, use our opt-out clause in employment contracts to disapply the average weekly working time limit but, if you do, make sure workers sign their contracts and that their consent to the provision is entirely voluntary. Our clause recommends they take independent... Read more
DOWNLOAD
Type: Clause
Other benefits in kind clause
Our benefits in kind clause specifically covers private medical and permanent health insurance, pension schemes and life assurance, as these are the most common benefits after company cars. However, you can also include any other benefits that you provide for your employees.Insurance termsWith private... Read more
DOWNLOAD June 2019
Type: Clause
Outside business interests clause
Use our outside business interests clause to restrict the ability of an employee to take on other jobs or outside business interests, both during and outside their normal working hours.All work and no playIt's quite reasonable to require an employee to devote their whole time to your business during... Read more
DOWNLOAD
Type: Clause
Overtime and time off in lieu clause
If you require an employee to work overtime hours from time to time, use our overtime and time off in lieu clause. It's then up to you whether you are going to pay overtime payments, grant time off in lieu or give nothing for additional hours worked. Additional working hoursIn the employee's written... Read more
DOWNLOAD
Type: Clause
Part-time employee clauses
Our clauses extend to hours of work, pay and benefits and holidays. They have regard to the pro rata principle which states that a part-time worker must receive not less than the proportion of pay or a benefit that the number of their weekly hours bears to the number of weekly hours of their full-time... Read more
DOWNLOAD
Type: Clause
Permission for employee to have second job while on sick pay clause
 Insert this permission clause into your sickness absence policy or contract of employment. Why clause is usefulThis will give you protection if one of your employees either has or wishes to start a second job for someone else while they are on sick leave and are receiving sick pay (including statutory... Read more
DOWNLOAD
Type: Clause
Personal property clause
Use our personal property clause to set out the employee's responsibility for taking care of their own personal belongings and to restrict your liability in respect of loss or damage to those personal belongings insofar as this is possible under the Unfair Contract Terms Act 1977.Unfair Contract Terms... Read more
DOWNLOAD
Type: Clause
Probation period clause
It's common for new employees to be subject to a probation period, during which time you will closely monitor their performance and conduct. However, be aware that labelling an employee as a "probationer" has very little effect on the employer/employee relationship.On probationIt's always advisable to... Read more
DOWNLOAD
Type: Clause
Public statements clause
If you're concerned about employees giving interviews to or writing articles to be published in the media, or about ex-employees making disparaging statements to the media once they've left employment, insert our public statements clause into their written statement of employment particulars.Limiting... Read more
DOWNLOAD June 2019
Type: Clause
Requirement to live near work clause
Use our clause in relation to those job roles that reasonably require the employee to live near work, such as office keyholders or certain "on call" workers. It's better not to use the clause across the board as, really, it's up to employees where they live and how they get to work. Our clause includes... Read more
DOWNLOAD
Type: Clause
Requirement to travel clause
If you need your employee to travel as part of their job, for example to attend meetings with customers etc., it's better to include a specific "requirement to travel" clause. That way, there's no misunderstanding about what you require of the employee in terms of leaving the office to fulfill their... Read more
DOWNLOAD
Type: Clause
Rest periods and rest breaks clause
Use our rest periods and rest breaks clause to confirm the minimum statutory entitlements to rest under the Working Time Regulations 1998. You need to ensure that staff working hours don't contravene these provisions.Daily and weekly rest periodsUnder the Working Time Regulations 1998, adult workers... Read more
DOWNLOAD
Type: Clause
Restrictions on authority clause
Our clause ensures that an employee is aware of the restrictions on their authority, particularly when it comes to entering into contracts with third parties and hiring and firing staff. It's useful to have in contracts with line managers and also any employees who deal with suppliers, contractors, etc.Binding... Read more
DOWNLOAD
Type: Clause
Restrictive covenant clauses
We recommend that most employers use a restrictive covenant of some description for senior or key employees. However, ensure you carefully tailor them to the particular needs of your business and the role that the employee carries out. Don't be tempted to adopt a "one size fits all" approach.A protectionary... Read more
DOWNLOAD
Type: Clause
Retirement clause
Our retirement clause states that you do not operate a normal retirement age and therefore employees will not be compulsorily retired on reaching a particular age. Instead, employees can choose to voluntarily retire whenever they wish. This follows on from the abolition of the default retirement age.... Read more
DOWNLOAD
Type: Clause
Return of company property clause
It's advisable to insert a clause obliging an employee to return all company property on the termination of their employment. This is particularly the case if the employee has office keys, company credit cards, expensive IT equipment or confidential documents.Bring it backWhen an employee leaves, returning... Read more
DOWNLOAD
Type: Clause
Right to work clause
Our right to work clause ensures employees must immediately notify you if they cease to have the right to work in the UK and you have the right to dismiss them for illegal working, subject to complying with fair dismissal rules. This may become more important post-Brexit if restrictions are placed on... Read more
DOWNLOAD
Type: Clause
Secondment agreement
 This agreement is intended to be used where an agreement is reached between an employer, employee and a third party that the employee will work for that third party under contract while continuing in the employment of their original employer. If the employer or the secondee company are part of a group... Read more
DOWNLOAD
Type: Agreement
Shift work clause
As we move towards a 24-hour a day culture, it will become more and more common for employees to undertake shift work. Shift workers don't usually have normal hours of work. Rather, they work hours according to a shift rota and these shifts can vary from day to day or week to week. In this scenario,... Read more
DOWNLOAD
Type: Clause
Sick pay clause
You're obliged to include any provisions for sick pay as part of the written statement of employment particulars. However, it's entirely up to you whether you only pay statutory sick pay (SSP), whether you operate a discretionary sick pay scheme or whether you want to tie yourself in to a contractual... Read more
DOWNLOAD October 2019
Type: Clause
Student sponsorship agreement
If you have offered a student a job to start when they have graduated and you want to give them sponsorship towards their tuition fees, use our student sponsorship agreement to protect your position if they drop out of the course or decide not to start your job. But do note it must be signed before you... Read more
DOWNLOAD
Type: Agreement
Suspension clause
Where you have a reasonable belief that an employee may have committed an act of gross or very serious misconduct, you should give consideration to suspending them during the investigation and pending a formal disciplinary hearing. A suspension clause will enable you to do this safely. Our suspension... Read more
DOWNLOAD June 2019
Type: Clause
Third party pressure to dismiss clause
Where a client refuses to have one of your employees back on its site, it is possible to dismiss the employee, but you'll first need to show you did everything you could to change the client's mind or to secure the employee's redeployment. Use our third party pressure to dismiss clause in the contracts... Read more
DOWNLOAD
Type: Clause
Third party rights clause
Third party rights potentially enable someone who isn't a party to the employment contract to directly enforce a term of that contract against you, but not against your employee. If you don't want to risk conferring rights on third parties such as an employee's spouse or family members, use our clause... Read more
DOWNLOAD
Type: Clause
Training costs agreement
If you invest in external training for staff and are worried they might leave as soon as they've obtained their certificate, qualification or whatever, consider asking your employees to sign a training costs agreement. But do note that it must be signed before commencement of the training.Out of pocketWithout... Read more
DOWNLOAD
Type: Agreement
Training requirement clause
Whilst you probably run staff training in-house and on-site, sometimes you might want employees to attend training courses run externally or off-site, and these could take place some distance from their normal place of work. Use our clause to cover this eventuality. It spells out the possibility of the... Read more
DOWNLOAD
Type: Clause
Whole agreement clause
Insert our whole agreement clause into all new contracts of employment, to make clear that any previous oral or written agreements, discussions, negotiations, promises, correspondence, assurances, representations or understandings between you and the employee are superseded by the terms of the contract... Read more
DOWNLOAD
Type: Clause
Work outside the UK clause
If an employee is to be posted overseas for more than a month, as part of their written statement of employment particulars, you must provide details of the duration of the posting, the currency their salary will be paid in, any additional pay and benefits to be provided and any terms and conditions... Read more
DOWNLOAD
Type: Clause
Written statement of employment particulars
Issuing at least a basic statement of the main terms and conditions of employment is a legal requirement. But the use of a full-blown contract with clauses tailored to suit your needs offers you far greater opportunities in terms of flexibility and control.Legal minimumAs an absolute minimum, the law... Read more
DOWNLOAD
Type: Clause
Zero-hours contract clause
A zero-hours contract is generally one where you're not obliged to provide the worker with any work at all and the worker is not obliged to accept any hours offered. There are no guaranteed minimum hours of work. Therefore, in a particular week, the worker may work "zero" hours. No guaranteesIt's for... Read more
DOWNLOAD
Type: Clause