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Staff handbook - terms and conditions of employment (21)

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
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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
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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
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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
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Type: Clause
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
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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Type: Clause