Viewing: Legal Updates
BWB regular legal updates, newsletters and bulletins
As the festive season approaches, employers should consider whether they may be held responsible for the actions of their employees at the inevitable social events that will take place.
A useful guide to dismissals, disciplinaries and capability, examining the relevant legislation, the duties of the employer, and the rights of the employee.
There are times when an organisation may need to undertake a reorganisation for the needs of the business or may need to reduce staffing levels.
Most employers wish to protect their confidential information, customer and client details or other information about their business, especially with departing employees. One of the ways to do this is for employers to insert clauses into contracts of employment, usually for senior employees or those with unfettered access to such information, which seek to restrict the conduct and activities of that individual after the termination of their employment.
The employment relationship may end for a variety of reasons. Some terminations are highly contentious and the process may entail a period of intense negotiation.
An individual can be an employee, a worker, a volunteer or self-employed. This status will determine the rights and responsibilities that individuals and organisations owe each other in the working relationship.
All employees must have a written contract of employment, which must contain certain minimum information. However, parties can (and should) carefully consider what other terms they want to include in their employment contracts. Whilst such terms are optional, they provide clarity and structure to the employment relationship.
Increasingly staff employed by entities in the UK work overseas. Where this happens, it is important to note that the statutory employment rules in the country where the employee works will be likely to apply and bind the UK based entity. These will often be different to those applicable in the UK and could be more onerous. Paul Seath outlines factors to consider when employing staff outside of the UK.
There are a number of different types of partnerships recognised in English law, including Partnerships at will and Partnerships that fall under the Partnership Act 1890, but the most frequently created are Limited Liability Partnerships (“LLPs”).
In light of the increased remuneration and seniority it is common that executive service agreements will contain a significantly greater number of contractual terms than a standard contract of employment. William Garnett outlines the issues that will be of significant importance.
Disputes between directors, shareholders and business partners can raise a whole range of legal issues. William Garnett outlines the issues that may arise.
The Working Time Regulations 1998 (“WTR”) provide some important rights for all workers in the UK (apart from the genuinely self-employed who are working on a business-client basis, and certain narrow categories of workers who are exempt from some provisions).
When entering a contract the parties are often optimistic about the payment of bonus and insufficient attention is paid to the wording. William Garnett discusses the different forms of bonuses.
Flexible working is a change to an employee’s work pattern: namely, changes to their hours, their place of work, or the times they are required to work. The scope of the legislation means almost all changes to working patterns can be requested under the regime.