Employment Agreement

This UK Employment Agreement deals with all the issues one would expect to see in an employment agreement; pay, holiday, place of work and hours to be worked.

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All employers must provide employees with a written statement of their terms of employment. The easiest way to do this is to provide all employees with an employment agreement drafted by a lawyer. An employment agreement is an agreement between an employer and an employee which provides the terms and conditions of the employment relationship.

This lawyer drafted UK Employment Agreement serves a number of beneficial purposes. First, it provides the employee with the basic conditions of his/her employment. For example, among other things, the employment agreement will state basic duties, pay, holidays and benefits. Second, the employment agreement also protects the employer. It will clarify the employer’s expectations for the employee and grounds for termination.

This Agreement also contains detailed Grievance, Disciplinary and Capability Procedures.

Among others, this form includes the following provisions:
  • Employment and Job Title
  • Probationary Period
  • Work Hours and Holidays
  • Employee Compensation/Benefits
  • Expenses
  • Conflicting Employment
  • Confidentiality
  • Inventions
  • Grievance, Disciplinary and Capability Procedures
  • and more
This Employment Agreement has been created by UK lawyers for use in England and Wales.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.

















Employment Agreement
(England and Wales)









This Packet Includes:
1. Information
2. Step-by-Step Instructions
3. Employment Agreement





Information
Employment Agreement

All employers must provide employees with a written statement of their terms of employment. The easiest way to do this is to provide all employees with the following employment agreement.

This employment agreement deals with all the issues one would expect to see in an employment agreement; pay, holiday, place of work and hours worked etc.



Within the employment agreement you will see square brackets containing blanks or words. The square brackets are an instruction to you to provide the required information or change the suggested the drafting. Once you have provided the required information you can then delete all square brackets.


 Step-by-Step Instructions
Employment Agreement

   

As with all our documents the English is clear and understandable. We would however draw your attention to the following clauses:

   Clause 2.2   Many of the statutory employment protection rights such as the right to claim redundancy payment and compensation for unfair dismissal can only be claimed by those employees who have worked for an employer continuously for a set period of time. Normally for employment to be continuous, employment will be with one employer. However in some cases an employee will be working for a new company in a different division of the previous company (an associate company) or for a previous business which has been taken over by another person. In that case the employee will not want to lose any employment rights that have accrued under his previous employer. Legal advice should be sought on this point by both parties if

   Cause 3.3   Set out clearly the employees job duties.

   Clause 5   This clause sets out the employees salary and when he will be paid. Please ensure you complete it correctly.

   Clause 7.4   This clause provides for no overtime to be paid. If this is not the case then please alter.

   Clause 11.1   Businesses that employ over five people are now obliged to provide stakeholder pensions for their employees. Speak to an accountant regarding this and Insert details of your scheme here.

   Clause 14.1    This clause provides that the employee must have a driving licence in order to fulfil his employment duties. If this is not the case then delete this clause.

   Clause 19.2   If the employee is not expected to work outside the UK then this clause can be deleted.

   Clause 25   This clause sets out male employees statutory paternity rights and should not be deleted other for improving the rights already on offer (ie providing payment for paternity leave).




DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice.     Only a lawyer/solicitor/barrister can provide legal advice.  A lawyer/solicitor/barrister should be consulted for all serious legal matters. No Lawyer-Client / Solicitor-Client relationship is created by                       use of these materials.   



THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 
STANDARD TERMS AND CONDITIONS OF EMPLOYMENT
1.    PARTIES
1.1    THE COMPANY:    [NAME OF COMPANY] of [REGISTERED OFFICE ADDRESS].
1.2    THE EMPLOYEE:    [NAME OF EMPLOYEE] of [ADDRESS OF EMPLOYEE].
2.    COMMENCEMENT OF EMPLOYMENT
2.1    Your employment under these terms will begin on [   ] [            ] 20[  ].
2.2    Your period of continuous employment will begin on [    ] [              ] 20[   ].
3.    Job title
3.1    Your job title is[                                ].
3.2    Your normal duties are that of [                                    ]and are set out in Appendix [C].
3.3    Your job title is a broad indication of the work that you are required to undertake for the Company.  However, you are expected to adopt a flexible approach to meet the Company's operational requirements and you may be required to undertake other duties, particularly when other employees are absent from work.  No job title or job description can be regarded as a precise specification of duties but should be seen as a guide to the main responsibilities.
4.    PROBATIONARY PERIOD
4.1    The first [six] months of your employment will be probationary and the Company reserves the right to terminate your employment at any time during or at the end of this period on one weeks notice in writing.
4.2    Your performance and suitability for continued employment will be reviewed throughout your probationary period.  The Company reserves the right to extend the probationary period where necessary.
5.    Salary
5.1    Your basic monthly salary at the commencement of your employment will be £[         ] a year.
5.2    Your salary will be paid monthly [in advance/in arrears] by credit transfer [or cheque] [to be agreed between the parties] on the [25th day/last Friday] of each month.
5.3    Your salary will be increased to £[           ] with effect from [                ] the end of the probationary period if your employment continues after that date.  Thereafter your salary will be reviewed annually at the discretion of the Company with effect from [     ] [         ] 20[  ] in each year
5.4    You will be notified in writing of any change to your salary.
6.    Deductions
The Company reserves the right in its absolute discretion to deduct from your pay any sums which you may owe the Company including, without limitation, any overpayments or loans made to you by the Company or losses suffered by the Company as a result of your negligence or breach of Company rules.
7.    Normal hours of work
7.1    You are normally required to work [40] hours a week but the Company has the right to require you to remain away from work on full pay for such period and on such conditions as the Company may specify.
7.2    Your normal hours of work are [8.30am to 5.30pm Monday to Friday] with a break of [1] hour for lunch taken between [1.00pm - 2.00pm].
7.3    You are also required to work overtime in addition to your normal [40] hours of work if instructed to do so by the Company on reasonable notice or if necessary for the proper performance of your duties.
7.4    You will not receive any additional payment for hours worked in excess of your normal hours of work.
7.5    The Company is aware of and complies with its obligations under the Working Time Regulations 1998, including rest breaks and the maximum average working week.
8.    Company holiday entitlement
8.1    The Company's holiday year runs from [date] to [date].
8.2    Your holiday entitlement shall be [  ] days in each complete holiday year. These holidays shall be taken at a time or times agreed with your manager.  Unless otherwise agreed by the Company, no unused holiday may be carried forward from one holiday year to the next.  You shall also be entitled to UK public and bank holidays.
8.3    In the holiday years of commencement and termination of this employment, holiday entitlement shall accrue at the rate of [  ] days per month (pro-rated where necessary).  Upon termination of your employment your holiday entitlement for that year shall be in direct proportion to your length of service in that year and you shall be paid your salary in lieu of any such holiday entitlement outstanding (unless your employment is terminated by the Company for gross misconduct) or, as the case may be, you shall repay to the Company an amount in respect of any holiday periods taken in excess of your holiday entitlement for that year.  The Company shall not pay you for accrued holiday not taken, except on termination of employment.
8.4    You must give at least [ ] weeks' notice of proposed holiday dates and these must then be agreed with the Company. You may not take more than 2 weeks' holiday in any 1 month period.
9.    Notification of sickness or other absence
9.1    If you are unable to attend work for any reason and your absence has not previously been authorised by the Company you must inform the Company of the fact of your absence and the full reasons for it by 8.30am on each working day of absence until you have provided the Company with a medical certificate.
9.2    If you are absent from work due to sickness or injury which continues for more than seven days (including weekends) you must provide the Company with a medical certificate by the eighth day of sickness or injury. Thereafter medical certificates must be provided to the Company to cover any continued absence.
9.3    Immediately following your return to work after a period of absence which has not previously been authorised by the Company you are required to complete a Self-Certification form in the terms annexed (Appendix A) stating the dates of and the reason for your absence, including details of sickness on non-working days as this information is required by the Company for calculating Statutory Sick Pay entitlement. Self-Certification forms will be retained in the Company's records.
10.    Sick pay
10.1    If you are absent from work due to sickness or injury and comply with the requirements in this clause and clause 9 above regarding notification of absence, you will be paid Statutory Sick Pay in accordance with the provisions of the Social Security Contributions & Benefits Act 1992.  For Statutory Sick Pay purposes your qualifying days are Monday to Friday.
10.2    If you are absent from work for any reason (excluding annual and public holidays) for a continuous period of [21] working days or for a period or periods in excess of [40] working days in any period of 12 months the Company will be entitled to terminate your employment at any time by written notice on the date specified in the notice.
11.    Pension
11.1    The Company offers access to a stakeholder pension scheme.  The Companys designated scheme is provided by [STATE NAME OF PENSION PROVIDER].  Details of the scheme and applications for membership can be obtained from the Human Resources Department on written request.
11.2    There is no pension scheme applicable to your employment.
11.3    The Company does not hold a current contracting out certificate issued under the Pensions Schemes Act 1993 in respect of your employment.
12.    Notice
12.1    The period of notice to be given in writing by you to terminate your employment is one month's notice after satisfactory completion of the six month probationary period.
12.2    The period of notice to be given in writing by the Company to terminate your employment is one month, up to completion of 5 years service, after which the period of notice to be given by the Company will be as follows:
On completion of 5 years of service
5 weeks
On completion of 6 years of service:
6 weeks
On completion of 7 years of service:
7 weeks
On completion of 8 years of service:
8 weeks
On completion of 9 years of service:
9 weeks
On completion of 10 years of service:
10 weeks
On completion of 11 years of service:
11 weeks
On completion of 12 years of service and thereafter:
12 weeks
12.3    The Company reserves the right to pay salary (at the rate payable under clause 5 above) in lieu of notice.
12.4    Nothing in these terms and conditions of employment shall prevent the Company from terminating your employment without notice or salary in lieu of notice in appropriate circumstances.
13.    Disciplinary and grievance procedures
13.1    Details regarding the Companys grievance, disciplinary and capability procedures are annexed to this Agreement (Appendix B).
14.    cars
14.1    It is a condition in your employment that you have and keep a current driving licence. You may be required from time to time to drive one of the Company's cars where necessary for the performance of your duties.  If you are disqualified from driving for any period the Company reserves the right to dismiss you without notice or payment in lieu.  You must promptly notify the Company of any accidents in which either you are involved whilst driving your own car on Company business or in which a Company car is involved, any charges of driving offences brought against you, any convictions and of any punishment imposed.
15.    Expenses
15.1    The Company will reimburse to you all expenses properly incurred by you in the proper performance of your duties, provided that on request you provide the Company with such vouchers or other evidence of actual payment of such expenses as the Company may reasonably require.
15.2    The Company will not usually reimburse you for travelling expenses incurred to and from your place of employment.
16.    Acceptance of gifts
16.1    You may not without prior written consent of the Company accept any gift and/or favour of whatever kind from any customer, client or supplier of the Company or any prospective customer, client or supplier of the Company.
17.    Other employment
17.1    You must devote the whole of your time, attention and abilities during your hours of work for the Company to your duties for the Company. You may not, under any circumstances, whether directly or indirectly, undertake any other duties, of whatever kind, during your hours of work for the Company.
17.2    You may not without the prior written consent of the Company (which will not be unreasonably withheld) engage, whether directly or indirectly, in any business or employment which is similar or in any way connected to or competitive with the business of the Company in which you work or which could or might reasonably be considered by others to impair your ability to act at all times in the best interests of the Company outside your hours of work for the Company.
18.    Place of work
18.1    Your normal place of work will be at the Company's premises at [                                          ].  The Company may require you to work at any of the other offices of the Company or at the premises of its customers, clients, suppliers or associates within the United Kingdom from time to time.  Any request by the Company will be subject to reasonable notice being given and to your being able to comply with the request.  You will be reimbursed for any expenses properly incurred in connection with such duties in accordance with the Company's Expenses Policy as amended from time to time.
18.2    [You may be required to work outside the United Kingdom from time to time].  [Delete if necessary].
19.    Confidentiality
19.1    You must not disclose any trade secrets or other information of a confidential nature relating to the Company or any of its associated companies or their business or in respect of which the Company owes an obligation of confidence to any third party during or after your employment except in the proper course of your employment or as required by law.
19.2    You must not remove any documents, or tangible items which belong to the Company or which contain any confidential information from the Company's premises at any time without proper advance authorisation.
19.3    You must return to the Company upon request and, in any event, upon the termination of your employment, all documents and tangible items which belong to the Company or which contain or refer to any confidential information and which are in your possession or under your control.
19.4    You must, if requested by the Company, delete all confidential information from any re-usable material and destroy all other documents and tangible items which contain or refer to any confidential information and which are in your possession or under your control.
20.    Intellectual Property
20.1    It is hereby agreed that all intellectual property rights in any designs or other works created by you for the Company pursuant to this agreement shall remain at all times in the absolute ownership of the Company and you agree that you shall at the Companys request and expense do all such acts and execute all such documents as may be necessary to vest all rights in or relating to any such intellectual property in the name of the Company with the intention that all such rights shall (subject, in relation to patents, to any applicable provisions of the Patents Act 1977) become the absolute property of the Company.
21.    Health and Safety at work
21.1    The Company will take all reasonably practicable steps to ensure your health safety and welfare while at work. You must familiarise yourself with the Company's Health and Safety Policy and its Safety and Fire rules. It is also your legal duty to take care for your own health and safety and that of your colleagues.
22.    Positive work environment
22.1    In order that the Company may maintain a positive work environment for all employees, you are required not to engage in or permit any fellow employee to engage in any sexual, racial or other harassment of or unlawful discrimination against any person (whether or not a Company employee) in the course of your or their employment by the Company.
23.    collective agreements
There are no collective agreements in place which affect the terms of your employment under this Agreement.
24.    Changes to your terms of employment
24.1    The Company reserves the right to make reasonable changes to any of your terms and conditions of employment and will notify you in writing of such changes at the earliest opportunity and, in any event, within one month after such changes have taken effect.
24.2    Such changes will be deemed to be accepted unless you notify the Company of any objection in writing before the expiry of the notice period.
25.    cancellation of earlier agreements, etc
25.1    All prior agreements or arrangements (written or oral, express or implied) between you and the Company relating to or arising out of your employment are hereby cancelled and superseded by these terms and conditions.

SIGNED by    )
for and on behalf of [THE COMPANY]    )




SIGNED by [THE EMPLOYEE]    )


APPENDIX A
[NAME OF COMPANY]
SELF CERTIFICATION FORM
TO BE COMPLETED BY THE EMPLOYEE IN THE PRESENCE OF HIS MANAGER (in Block Capitals)
1.    Name:
2.    Department:
3.    Period of incapacity:    From:
                To:
                (Non-working days should be included)
4.    Nature of incapacity:    (State any illness, symptoms or describe injury)
5.    Have you noticed any recurrence of any symptoms?
6.    Have you seen a nurse or doctor about it?
    (If yes, state doctor or hospital, name and address and treatment or prescription received)

Signed:                     

TO BE COMPLETED BY YOUR MANAGER
I am satisfied/I am not satisfied that the information above is correct.

Signed:                         Date:                     

Position:                     
APPENDIX B
[NAME OF COMPANY]
GRIEVANCE, DISCIPLINARY AND CAPABILITY PROCEDURE
GRIEVANCE PROCEDURE
INTRODUCTION
The object of this procedure is to provide a framework in which grievances of any kind can be settled at the level most appropriate to the problem and in the shortest possible time.  Whenever any grievance is being considered you will have the opportunity to make representations orally or in writing.  
THE PROCEDURE
STAGE 1
In the first instance you should refer any request or complaint that you may have to your Manager who will make every effort to settle the matter immediately.  
STAGE 2
If you are dissatisfied with your Managers decision, you should refer the matter to the Managing Director whose decision will be final and binding.
DISCIPLINARY PROCEDURE
INTRODUCTION
Disciplinary procedures are necessary to support company rules and regulations and to improve unacceptable performance by employees.  Disciplinary procedure will be used in all cases relating to conduct.  The procedure is staged so that the company gives an appropriate response to minor matters but in the event of repetition or serious matters, more severe measures are taken.  The procedure will be used in all cases where disciplinary action is taken.  
PRINCIPLES
No disciplinary action will be taken until the situation has been investigated.  The Company may suspend you with or without pay whilst the investigation takes place.
At every stage in the procedure you will be advised of the nature of the complaint and will be given the opportunity to state your case before any decision is made.  You have the right to be accompanied by a work colleague or trade union representative (if you are a member) during any disciplinary meeting.  
You will not be dismissed for a first breach of discipline, except in the case of gross misconduct where the penalty may be summary dismissal without notice.  
You may have the right to appeal against any disciplinary decision.
Misconduct will generally fall into two categories, namely “ordinary” misconduct and “gross” misconduct which is of so serious a nature that it justifies instant dismissal for the first offence.  Listed below are examples of conduct which would be considered to be either gross or ordinary misconduct.  However, it should be recognised that neither list should be regarded as complete to meet every case and also that action described as ordinary misconduct may amount to and be treated as gross misconduct if the circumstances or the manner of the conduct are such as to warrant serious disciplinary action.  They should be regarded therefore as being illustrative rather than exhaustive.  
MISCONDUCT WHICH IS GROSS:
    fraud
    dishonesty
    acts of violence
    impropriety or immoral conduct detrimental to and inconsistent with the Companys business
    unauthorised possession of Company property or unauthorised use of Company stationery
    conduct of a criminal, dishonest or immoral nature inside or outside working hours which is detrimental to and inconsistent with the Company business affairs
    disorderly conduct which is detrimental to and inconsistent with the Company business
    use of abusive or threatening language
    refusal to obey a reasonable instruction from a superior
    duplication of or unauthorised possession of keys or security cards or similar material belonging to the Company
    being under the influence of drugs (other than medically prescribed drugs) or alcohol during working hours or overtime hours or when otherwise engaged on Company business
    falsification of any documents or material, including misleading completion of the Companys self-certification form
    causing deliberate damage to any property belonging to the Company or any employee of the Company
    disclosure of confidential information to an unauthorised party
    unauthorised, illegal or fraudulent use of software and the Companys IT systems
    sexual or racial harassment of colleagues
MISCONDUCT WHICH IS NOT GROSS:
    bad time keeping
    minor breach of the Companys rules and regulations
    publication on minor matters relating the Company without permission
TYPES OF DISCIPLINARY ACTION
Disciplinary action will consist of one or more of the following:-
    oral warning
    written warning
    final written warning
    dismissal with or without notice
THE PROCEDURE
STAGE ONE

Oral Warning
If conduct is unsatisfactory, you will be given a formal warning, which will be recorded on your personnel file.  The warning will be disregarded after twelve months satisfactory service.
STAGE TWO

Written Warning
If the offence is serious, or if there is no improvement in standards after the Oral Warning is given, or if a further offence occurs within twelve months after an Oral Warning, a Written Warning will be given.  This Written Warning will include the reason for the warning and a note that, if there is no improvement after a specified period, a Final Written Warning will be given.  A copy of the Written Warning will be given to you and a copy will be placed on your personnel file.  The warning may be deleted at the discretion of the Company after twelve months.  
STAGE THREE

Final Written Warning
If, following a Written Warning, conduct remains unsatisfactory, or if a serious incident occurs a Final Written Warning will be given making it clear that any recurrence of the offence or other serious misconduct within a specified period will result in dismissal.  
STAGE FOUR

Dismissal
If there is no satisfactory improvement or a further serious misconduct occurs, you may be dismissed, either with or without notice.  The decision to dismiss will normally be taken by the Managing Director.
The disciplinary procedure may be implemented at any stage if the seriousness or repetitive nature of the employees conduct warrants such action.  
RIGHT OF APPEAL
If you are dissatisfied with any disciplinary action you may appeal within three working days giving your reasons in writing to the [Managing Director].  The [Managing Director] and [another member of the board of the Company] will meet with you (and your work colleague or trade union representative) and will hear the appeal and will inform you of their decision within five working days of the hearing or the determination of the appeal unless that is not reasonably practicable.  
The Managing Director may decide to dispense with the formal hearing where it is considered appropriate in all the circumstances and, if appropriate, may appoint a person to act in his place.  
CAPABILITY PROCEDURE
INTRODUCTION
The Capability Procedure will be used in all cases of unacceptable performance.  
THE PROCEDURE
STAGE ONE

Where the Company is not satisfied with your performance or capability (which shall be assessed by reference to the employees job specification, skill, aptitude, physical and mental qualities), your [immediate Manager and/or the Managing Director] will advise you of their  dissatisfaction and discuss the matter with you.  You will be afforded the opportunity of giving an explanation.  If [the Manager/the Managing Director] finds that there is no satisfactory explanation for your performance or lack of capability, you will be warned that if there is no improvement in work performance within a specified time you will be given a Written Warning.  
STAGE TWO

If there is no improvement within the time specified, you will be interviewed again.  You will be afforded the opportunity of giving an explanation.  If it is found that there is no satisfactory explanation for your performance or lack of capability you will be warned by your Manager/[the Managing Director], in writing, that if there is no improvement in the specified areas of unacceptable performance within a further specified period you may be dismissed.
STAGE THREE

If your performance/capability does not improve after a Final Written Warning the Managing Director will interview you.  You will be afforded the opportunity of giving an explanation and if it is found that there is no satisfactory explanation for your lack of performance or capability you will be dismissed.
In the case of a serious lack of capability, you may be given a Final Written Warning by your immediate Manager [and/or the Managing Director] without any previous warning, and in exceptional cases, you may be dismissed where the performance is fundamental to the core obligations of the Company in which case no previous warning will be given.
The Company reserves the right to waive any stage in this procedure and to substitute any other employee/agent or representative for the purpose of this procedure and in this connection the Manager [and/or the Managing Director] may appoint a nominated representative at each and every stage to stand in their place and adjudicate accordingly.
APPENDIX C
[NAME OF COMPANY]
GENERAL DESCRIPTION OF DUTIES






DATED    2004





[NAME OF COMPANY]

and

[NAME OF EMPLOYEE]





STANDARD TERMS AND CONDITIONS OF EMPLOYMENT



Number of Pages17
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#32259
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.

















Employment Agreement
(England and Wales)









This Packet Includes:
1. Information
2. Step-by-Step Instructions
3. Employment Agreement





Information
Employment Agreement

All employers must provide employees with a written statement of their terms of employment. The easiest way to do this is to provide all employees with the following employment agreement.

This employment agreement deals with all the issues one would expect to see in an employment agreement; pay, holiday, place of work and hours worked etc.



Within the employment agreement you will see square brackets containing blanks or words. The square brackets are an instruction to you to provide the required information or change the suggested the drafting. Once you have provided the required information you can then delete all square brackets.


 Step-by-Step Instructions
Employment Agreement

   

As with all our documents the English is clear and understandable. We would however draw your attention to the following clauses:

   Clause 2.2   Many of the statutory employment protection rights such as the right to claim redundancy payment and compensation for unfair dismissal can only be claimed by those employees who have worked for an employer continuously for a set period of time. Normally for employment to be continuous, employment will be with one employer. However in some cases an employee will be working for a new company in a different division of the previous company (an associate company) or for a previous business which has been taken over by another person. In that case the employee will not want to lose any employment rights that have accrued under his previous employer. Legal advice should be sought on this point by both parties if

   Cause 3.3   Set out clearly the employees job duties.

   Clause 5   This clause sets out the employees salary and when he will be paid. Please ensure you complete it correctly.

   Clause 7.4   This clause provides for no overtime to be paid. If this is not the case then please alter.

   Clause 11.1   Businesses that employ over five people are now obliged to provide stakeholder pensions for their employees. Speak to an accountant regarding this and Insert details of your scheme here.

   Clause 14.1    This clause provides that the employee must have a driving licence in order to fulfil his employment duties. If this is not the case then delete this clause.

   Clause 19.2   If the employee is not expected to work outside the UK then this clause can be deleted.

   Clause 25   This clause sets out male employees statutory paternity rights and should not be deleted other for improving the rights already on offer (ie providing payment for paternity leave).




DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice.     Only a lawyer/solicitor/barrister can provide legal advice.  A lawyer/solicitor/barrister should be consulted for all serious legal matters. No Lawyer-Client / Solicitor-Client relationship is created by                       use of these materials.   



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STANDARD TERMS AND CONDITIONS OF EMPLOYMENT
1.    PARTIES
1.1    THE COMPANY:    [NAME OF COMPANY] of [REGISTERED OFFICE ADDRESS].
1.2    THE EMPLOYEE:    [NAME OF EMPLOYEE] of [ADDRESS OF EMPLOYEE].
2.    COMMENCEMENT OF EMPLOYMENT
2.1    Your employment under these terms will begin on [   ] [            ] 20[  ].
2.2    Your period of continuous employment will begin on [    ] [              ] 20[   ].
3.    Job title
3.1    Your job title is[                                ].
3.2    Your normal duties are that of [                                    ]and are set out in Appendix [C].
3.3    Your job title is a broad indication of the work that you are required to undertake for the Company.  However, you are expected to adopt a flexible approach to meet the Company's operational requirements and you may be required to undertake other duties, particularly when other employees are absent from work.  No job title or job description can be regarded as a precise specification of duties but should be seen as a guide to the main responsibilities.
4.    PROBATIONARY PERIOD
4.1    The first [six] months of your employment will be probationary and the Company reserves the right to terminate your employment at any time during or at the end of this period on one weeks notice in writing.
4.2    Your performance and suitability for continued employment will be reviewed throughout your probationary period.  The Company reserves the right to extend the probationary period where necessary.
5.    Salary
5.1    Your basic monthly salary at the commencement of your employment will be £[         ] a year.
5.2    Your salary will be paid monthly [in advance/in arrears] by credit transfer [or cheque] [to be agreed between the parties] on the [25th day/last Friday] of each month.
5.3    Your salary will be increased to £[           ] with effect from [                ] the end of the probationary period if your employment continues after that date.  Thereafter your salary will be reviewed annually at the discretion of the Company with effect from [     ] [         ] 20[  ] in each year
5.4    You will be notified in writing of any change to your salary.
6.    Deductions
The Company reserves the right in its absolute discretion to deduct from your pay any sums which you may owe the Company including, without limitation, any overpayments or loans made to you by the Company or losses suffered by the Company as a result of your negligence or breach of Company rules.
7.    Normal hours of work
7.1    You are normally required to work [40] hours a week but the Company has the right to require you to remain away from work on full pay for such period and on such conditions as the Company may specify.
7.2    Your normal hours of work are [8.30am to 5.30pm Monday to Friday] with a break of [1] hour for lunch taken between [1.00pm - 2.00pm].
7.3    You are also required to work overtime in addition to your normal [40] hours of work if instructed to do so by the Company on reasonable notice or if necessary for the proper performance of your duties.
7.4    You will not receive any additional payment for hours worked in excess of your normal hours of work.
7.5    The Company is aware of and complies with its obligations under the Working Time Regulations 1998, including rest breaks and the maximum average working week.
8.    Company holiday entitlement
8.1    The Company's holiday year runs from [date] to [date].
8.2    Your holiday entitlement shall be [  ] days in each complete holiday year. These holidays shall be taken at a time or times agreed with your manager.  Unless otherwise agreed by the Company, no unused holiday may be carried forward from one holiday year to the next.  You shall also be entitled to UK public and bank holidays.
8.3    In the holiday years of commencement and termination of this employment, holiday entitlement shall accrue at the rate of [  ] days per month (pro-rated where necessary).  Upon termination of your employment your holiday entitlement for that year shall be in direct proportion to your length of service in that year and you shall be paid your salary in lieu of any such holiday entitlement outstanding (unless your employment is terminated by the Company for gross misconduct) or, as the case may be, you shall repay to the Company an amount in respect of any holiday periods taken in excess of your holiday entitlement for that year.  The Company shall not pay you for accrued holiday not taken, except on termination of employment.
8.4    You must give at least [ ] weeks' notice of proposed holiday dates and these must then be agreed with the Company. You may not take more than 2 weeks' holiday in any 1 month period.
9.    Notification of sickness or other absence
9.1    If you are unable to attend work for any reason and your absence has not previously been authorised by the Company you must inform the Company of the fact of your absence and the full reasons for it by 8.30am on each working day of absence until you have provided the Company with a medical certificate.
9.2    If you are absent from work due to sickness or injury which continues for more than seven days (including weekends) you must provide the Company with a medical certificate by the eighth day of sickness or injury. Thereafter medical certificates must be provided to the Company to cover any continued absence.
9.3    Immediately following your return to work after a period of absence which has not previously been authorised by the Company you are required to complete a Self-Certification form in the terms annexed (Appendix A) stating the dates of and the reason for your absence, including details of sickness on non-working days as this information is required by the Company for calculating Statutory Sick Pay entitlement. Self-Certification forms will be retained in the Company's records.
10.    Sick pay
10.1    If you are absent from work due to sickness or injury and comply with the requirements in this clause and clause 9 above regarding notification of absence, you will be paid Statutory Sick Pay in accordance with the provisions of the Social Security Contributions & Benefits Act 1992.  For Statutory Sick Pay purposes your qualifying days are Monday to Friday.
10.2    If you are absent from work for any reason (excluding annual and public holidays) for a continuous period of [21] working days or for a period or periods in excess of [40] working days in any period of 12 months the Company will be entitled to terminate your employment at any time by written notice on the date specified in the notice.
11.    Pension
11.1    The Company offers access to a stakeholder pension scheme.  The Companys designated scheme is provided by [STATE NAME OF PENSION PROVIDER].  Details of the scheme and applications for membership can be obtained from the Human Resources Department on written request.
11.2    There is no pension scheme applicable to your employment.
11.3    The Company does not hold a current contracting out certificate issued under the Pensions Schemes Act 1993 in respect of your employment.
12.    Notice
12.1    The period of notice to be given in writing by you to terminate your employment is one month's notice after satisfactory completion of the six month probationary period.
12.2    The period of notice to be given in writing by the Company to terminate your employment is one month, up to completion of 5 years service, after which the period of notice to be given by the Company will be as follows:
On completion of 5 years of service
5 weeks
On completion of 6 years of service:
6 weeks
On completion of 7 years of service:
7 weeks
On completion of 8 years of service:
8 weeks
On completion of 9 years of service:
9 weeks
On completion of 10 years of service:
10 weeks
On completion of 11 years of service:
11 weeks
On completion of 12 years of service and thereafter:
12 weeks
12.3    The Company reserves the right to pay salary (at the rate payable under clause 5 above) in lieu of notice.
12.4    Nothing in these terms and conditions of employment shall prevent the Company from terminating your employment without notice or salary in lieu of notice in appropriate circumstances.
13.    Disciplinary and grievance procedures
13.1    Details regarding the Companys grievance, disciplinary and capability procedures are annexed to this Agreement (Appendix B).
14.    cars
14.1    It is a condition in your employment that you have and keep a current driving licence. You may be required from time to time to drive one of the Company's cars where necessary for the performance of your duties.  If you are disqualified from driving for any period the Company reserves the right to dismiss you without notice or payment in lieu.  You must promptly notify the Company of any accidents in which either you are involved whilst driving your own car on Company business or in which a Company car is involved, any charges of driving offences brought against you, any convictions and of any punishment imposed.
15.    Expenses
15.1    The Company will reimburse to you all expenses properly incurred by you in the proper performance of your duties, provided that on request you provide the Company with such vouchers or other evidence of actual payment of such expenses as the Company may reasonably require.
15.2    The Company will not usually reimburse you for travelling expenses incurred to and from your place of employment.
16.    Acceptance of gifts
16.1    You may not without prior written consent of the Company accept any gift and/or favour of whatever kind from any customer, client or supplier of the Company or any prospective customer, client or supplier of the Company.
17.    Other employment
17.1    You must devote the whole of your time, attention and abilities during your hours of work for the Company to your duties for the Company. You may not, under any circumstances, whether directly or indirectly, undertake any other duties, of whatever kind, during your hours of work for the Company.
17.2    You may not without the prior written consent of the Company (which will not be unreasonably withheld) engage, whether directly or indirectly, in any business or employment which is similar or in any way connected to or competitive with the business of the Company in which you work or which could or might reasonably be considered by others to impair your ability to act at all times in the best interests of the Company outside your hours of work for the Company.
18.    Place of work
18.1    Your normal place of work will be at the Company's premises at [                                          ].  The Company may require you to work at any of the other offices of the Company or at the premises of its customers, clients, suppliers or associates within the United Kingdom from time to time.  Any request by the Company will be subject to reasonable notice being given and to your being able to comply with the request.  You will be reimbursed for any expenses properly incurred in connection with such duties in accordance with the Company's Expenses Policy as amended from time to time.
18.2    [You may be required to work outside the United Kingdom from time to time].  [Delete if necessary].
19.    Confidentiality
19.1    You must not disclose any trade secrets or other information of a confidential nature relating to the Company or any of its associated companies or their business or in respect of which the Company owes an obligation of confidence to any third party during or after your employment except in the proper course of your employment or as required by law.
19.2    You must not remove any documents, or tangible items which belong to the Company or which contain any confidential information from the Company's premises at any time without proper advance authorisation.
19.3    You must return to the Company upon request and, in any event, upon the termination of your employment, all documents and tangible items which belong to the Company or which contain or refer to any confidential information and which are in your possession or under your control.
19.4    You must, if requested by the Company, delete all confidential information from any re-usable material and destroy all other documents and tangible items which contain or refer to any confidential information and which are in your possession or under your control.
20.    Intellectual Property
20.1    It is hereby agreed that all intellectual property rights in any designs or other works created by you for the Company pursuant to this agreement shall remain at all times in the absolute ownership of the Company and you agree that you shall at the Companys request and expense do all such acts and execute all such documents as may be necessary to vest all rights in or relating to any such intellectual property in the name of the Company with the intention that all such rights shall (subject, in relation to patents, to any applicable provisions of the Patents Act 1977) become the absolute property of the Company.
21.    Health and Safety at work
21.1    The Company will take all reasonably practicable steps to ensure your health safety and welfare while at work. You must familiarise yourself with the Company's Health and Safety Policy and its Safety and Fire rules. It is also your legal duty to take care for your own health and safety and that of your colleagues.
22.    Positive work environment
22.1    In order that the Company may maintain a positive work environment for all employees, you are required not to engage in or permit any fellow employee to engage in any sexual, racial or other harassment of or unlawful discrimination against any person (whether or not a Company employee) in the course of your or their employment by the Company.
23.    collective agreements
There are no collective agreements in place which affect the terms of your employment under this Agreement.
24.    Changes to your terms of employment
24.1    The Company reserves the right to make reasonable changes to any of your terms and conditions of employment and will notify you in writing of such changes at the earliest opportunity and, in any event, within one month after such changes have taken effect.
24.2    Such changes will be deemed to be accepted unless you notify the Company of any objection in writing before the expiry of the notice period.
25.    cancellation of earlier agreements, etc
25.1    All prior agreements or arrangements (written or oral, express or implied) between you and the Company relating to or arising out of your employment are hereby cancelled and superseded by these terms and conditions.

SIGNED by    )
for and on behalf of [THE COMPANY]    )




SIGNED by [THE EMPLOYEE]    )


APPENDIX A
[NAME OF COMPANY]
SELF CERTIFICATION FORM
TO BE COMPLETED BY THE EMPLOYEE IN THE PRESENCE OF HIS MANAGER (in Block Capitals)
1.    Name:
2.    Department:
3.    Period of incapacity:    From:
                To:
                (Non-working days should be included)
4.    Nature of incapacity:    (State any illness, symptoms or describe injury)
5.    Have you noticed any recurrence of any symptoms?
6.    Have you seen a nurse or doctor about it?
    (If yes, state doctor or hospital, name and address and treatment or prescription received)

Signed:                     

TO BE COMPLETED BY YOUR MANAGER
I am satisfied/I am not satisfied that the information above is correct.

Signed:                         Date:                     

Position:                     
APPENDIX B
[NAME OF COMPANY]
GRIEVANCE, DISCIPLINARY AND CAPABILITY PROCEDURE
GRIEVANCE PROCEDURE
INTRODUCTION
The object of this procedure is to provide a framework in which grievances of any kind can be settled at the level most appropriate to the problem and in the shortest possible time.  Whenever any grievance is being considered you will have the opportunity to make representations orally or in writing.  
THE PROCEDURE
STAGE 1
In the first instance you should refer any request or complaint that you may have to your Manager who will make every effort to settle the matter immediately.  
STAGE 2
If you are dissatisfied with your Managers decision, you should refer the matter to the Managing Director whose decision will be final and binding.
DISCIPLINARY PROCEDURE
INTRODUCTION
Disciplinary procedures are necessary to support company rules and regulations and to improve unacceptable performance by employees.  Disciplinary procedure will be used in all cases relating to conduct.  The procedure is staged so that the company gives an appropriate response to minor matters but in the event of repetition or serious matters, more severe measures are taken.  The procedure will be used in all cases where disciplinary action is taken.  
PRINCIPLES
No disciplinary action will be taken until the situation has been investigated.  The Company may suspend you with or without pay whilst the investigation takes place.
At every stage in the procedure you will be advised of the nature of the complaint and will be given the opportunity to state your case before any decision is made.  You have the right to be accompanied by a work colleague or trade union representative (if you are a member) during any disciplinary meeting.  
You will not be dismissed for a first breach of discipline, except in the case of gross misconduct where the penalty may be summary dismissal without notice.  
You may have the right to appeal against any disciplinary decision.
Misconduct will generally fall into two categories, namely “ordinary” misconduct and “gross” misconduct which is of so serious a nature that it justifies instant dismissal for the first offence.  Listed below are examples of conduct which would be considered to be either gross or ordinary misconduct.  However, it should be recognised that neither list should be regarded as complete to meet every case and also that action described as ordinary misconduct may amount to and be treated as gross misconduct if the circumstances or the manner of the conduct are such as to warrant serious disciplinary action.  They should be regarded therefore as being illustrative rather than exhaustive.  
MISCONDUCT WHICH IS GROSS:
    fraud
    dishonesty
    acts of violence
    impropriety or immoral conduct detrimental to and inconsistent with the Companys business
    unauthorised possession of Company property or unauthorised use of Company stationery
    conduct of a criminal, dishonest or immoral nature inside or outside working hours which is detrimental to and inconsistent with the Company business affairs
    disorderly conduct which is detrimental to and inconsistent with the Company business
    use of abusive or threatening language
    refusal to obey a reasonable instruction from a superior
    duplication of or unauthorised possession of keys or security cards or similar material belonging to the Company
    being under the influence of drugs (other than medically prescribed drugs) or alcohol during working hours or overtime hours or when otherwise engaged on Company business
    falsification of any documents or material, including misleading completion of the Companys self-certification form
    causing deliberate damage to any property belonging to the Company or any employee of the Company
    disclosure of confidential information to an unauthorised party
    unauthorised, illegal or fraudulent use of software and the Companys IT systems
    sexual or racial harassment of colleagues
MISCONDUCT WHICH IS NOT GROSS:
    bad time keeping
    minor breach of the Companys rules and regulations
    publication on minor matters relating the Company without permission
TYPES OF DISCIPLINARY ACTION
Disciplinary action will consist of one or more of the following:-
    oral warning
    written warning
    final written warning
    dismissal with or without notice
THE PROCEDURE
STAGE ONE

Oral Warning
If conduct is unsatisfactory, you will be given a formal warning, which will be recorded on your personnel file.  The warning will be disregarded after twelve months satisfactory service.
STAGE TWO

Written Warning
If the offence is serious, or if there is no improvement in standards after the Oral Warning is given, or if a further offence occurs within twelve months after an Oral Warning, a Written Warning will be given.  This Written Warning will include the reason for the warning and a note that, if there is no improvement after a specified period, a Final Written Warning will be given.  A copy of the Written Warning will be given to you and a copy will be placed on your personnel file.  The warning may be deleted at the discretion of the Company after twelve months.  
STAGE THREE

Final Written Warning
If, following a Written Warning, conduct remains unsatisfactory, or if a serious incident occurs a Final Written Warning will be given making it clear that any recurrence of the offence or other serious misconduct within a specified period will result in dismissal.  
STAGE FOUR

Dismissal
If there is no satisfactory improvement or a further serious misconduct occurs, you may be dismissed, either with or without notice.  The decision to dismiss will normally be taken by the Managing Director.
The disciplinary procedure may be implemented at any stage if the seriousness or repetitive nature of the employees conduct warrants such action.  
RIGHT OF APPEAL
If you are dissatisfied with any disciplinary action you may appeal within three working days giving your reasons in writing to the [Managing Director].  The [Managing Director] and [another member of the board of the Company] will meet with you (and your work colleague or trade union representative) and will hear the appeal and will inform you of their decision within five working days of the hearing or the determination of the appeal unless that is not reasonably practicable.  
The Managing Director may decide to dispense with the formal hearing where it is considered appropriate in all the circumstances and, if appropriate, may appoint a person to act in his place.  
CAPABILITY PROCEDURE
INTRODUCTION
The Capability Procedure will be used in all cases of unacceptable performance.  
THE PROCEDURE
STAGE ONE

Where the Company is not satisfied with your performance or capability (which shall be assessed by reference to the employees job specification, skill, aptitude, physical and mental qualities), your [immediate Manager and/or the Managing Director] will advise you of their  dissatisfaction and discuss the matter with you.  You will be afforded the opportunity of giving an explanation.  If [the Manager/the Managing Director] finds that there is no satisfactory explanation for your performance or lack of capability, you will be warned that if there is no improvement in work performance within a specified time you will be given a Written Warning.  
STAGE TWO

If there is no improvement within the time specified, you will be interviewed again.  You will be afforded the opportunity of giving an explanation.  If it is found that there is no satisfactory explanation for your performance or lack of capability you will be warned by your Manager/[the Managing Director], in writing, that if there is no improvement in the specified areas of unacceptable performance within a further specified period you may be dismissed.
STAGE THREE

If your performance/capability does not improve after a Final Written Warning the Managing Director will interview you.  You will be afforded the opportunity of giving an explanation and if it is found that there is no satisfactory explanation for your lack of performance or capability you will be dismissed.
In the case of a serious lack of capability, you may be given a Final Written Warning by your immediate Manager [and/or the Managing Director] without any previous warning, and in exceptional cases, you may be dismissed where the performance is fundamental to the core obligations of the Company in which case no previous warning will be given.
The Company reserves the right to waive any stage in this procedure and to substitute any other employee/agent or representative for the purpose of this procedure and in this connection the Manager [and/or the Managing Director] may appoint a nominated representative at each and every stage to stand in their place and adjudicate accordingly.
APPENDIX C
[NAME OF COMPANY]
GENERAL DESCRIPTION OF DUTIES






DATED    2004





[NAME OF COMPANY]

and

[NAME OF EMPLOYEE]





STANDARD TERMS AND CONDITIONS OF EMPLOYMENT



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