Employers will welcome the opportunity to comment on a consultation proposing to make it harder for employers to impose and enforce non-compete clauses on or against ex-employees after they leave their job.
Employers taking on an employee should check whether the employee is subject to a restriction on working for them imposed by a previous employer, and consider the risks of being found to have induced the employee to breach those restrictions if they offer a job, following a recent legal ruling.
Employers allowing workers to offer other individuals the option to take over a ‘shift’ should consider whether that means the worker can substitute someone else to do their work, as this affects whether the individual is a ‘worker’ enjoying certain employment rights - or a self-employed contractor who does not.
Employers will welcome a ruling that a restriction in a clause in an ex-employee’s employment contract, stopping her from being ‘interested in’ any competitor business and which was too wide to be enforceable, could be ‘severed’ from the other restrictions in the clause, so those other restrictions remained enforceable against her.
The Library provides full text access to a selection of key business and reference eBooks from leading publishers. eBooks are available to logged-in ICAEW members, ACA students and other entitled users. If you are unable to access an eBook, please see our Help and support advice or contact email@example.com.
Writing employment contracts
This chapter looks at contracts of employment and what constitutes an 'employee' as apposed to a 'worker'. Types of contracts and specific contractual clauses are dealt with.
Handling organizational change
This chapter looks at organizational change and includes sections on: Changes in responsibilities; Changes to processes and procedures; Obtaining commitment to change; Relocation; and business transfers (Transfer of Undertakings [Protection of employment] Regulations or TUPE).
This chapter on employment covers the difference between employees and contractors, terms of an employment contract, termination of employment , wrongful dismissal, unfair dismissal and redundancy.
Advice, guidance and practical resources on a wide variety of recruitment topics for both employers and employees, produced by the Advisory, Conciliation and Arbitration Service, Acas
. Acas is the employment relations service for England, Scotland and Wales offering practical, independent and impartial advice to employers, employees and their representatives.
Information from Acas on contracts and written statements of employment, including an example statement.
Acas guide outlining important considerations for employers of all sizes when implementing flexible working practices.
Acas advice on Transfer of Undertakings (Protection of Employment) Regulations (TUPE), which protect employees’ rights.
General guidance on legal considerations when employers or employees wish to change a contract of employment.
Guidance from Acas on the key points and legal requirements to cover when producing a written statement of employment.
Guidance on what a zero hour contract is, with key points for both employers and employees to consider.
Defining workplace flexibility
The article discusses the notion of flexible employment status in relation to employment law and taxation in Great Britain. Topics include the nature of employment contracts in relation to self-employment, legal cases dealing with employment law and the gig economy, and the need for business documentation on employment status. To obtain the full text of this article please contact the library.
Are you sure your employment arrangements with your flexible staff comply with the law?
The article examines whether employment arrangements with flexible staff within hospitality business in Great Britain such as hotel industry comply with the law. It mentions need for auditing employment contracts to ensure staff are correctly classified and introducing a new employment contracts where required. It also mentions workers on zero-hours contracts have the right to request guaranteed hours from their employers.
Zero hours contracts clarifying employment status
Elizabeth Stevens explains why it is important to decide whether or not zero hours contracts are appropriate for your organisation - and the legal rights of individuals engaged under these contracts.
Employee on fixed-term contract was not discriminated against when insurer refused income-replacement payments
Discussion of the case Hall v. Xerox UK Ltd, concerning whether the plantiff received less favourable medical insurance benefits from Xerox because he was on a fixed-term contract.
Free, downloadable contract of employment template from Clarkslegal. It provides wording for setting out job title, duties and place of work, the start date, and the length of any probationary period.
Collection of government information covering employment contracts, employment status, working hours and holiday entitlement
Government guidance on employment contracts with an overview and details of contract terms, collective agreements and written statements of employment particulars
Government guidance on employment status, giving overviews of 6 main employment types and their employment rights, entitlements and non-entitlements.
An independent review of modern working practices by Matthew Taylor, chief executive of the Royal Society of Arts.
Practice note from the Law Society on the implications of a reorganisation a business for employment contracts, redundancies and the Transfer of Undertakings (TUPE) . Free registration required.
Government guidance for employers explaining what zero hours contracts are, outlining appropriate and inappropriate use, exclusivity clauses and best practice.
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