Employment Law & Practice (LPC) - FULL & Comprehensive DISTINCTION level Notes - full notes bundle produced and used in 2020 in the online delivered classes. These large group and workshop notes have also been used by ULaw and BPP students. The notes include all the content for each class and in hi...
Learning Outcomes:
By the end of this session you will be able to:
Understand the requirements under ss.1-7B ERA and their relationship with the contract
of employment
Identify and understand common express terms in a contract of employment
Appreciate the importance of statutory obligations on the contract of employment
Advise on the content of a contract of employment
Session Activities:
Review the draft contract of James Kerr and comment on the effectiveness of its terms
and compliance with statutory provisions; and
Consider additional contractual provisions for senior employees.
Materials Attached:
Pre-session task: memorandum attaching draft contract of employment
In session task: email requesting comments on additional contract terms
Materials to be Provided in session:
Suggested marked-up employment contract (d2)
Preparation for Session:
Review LG 1
Reading: Standard documents on Practical Law entitled ‘Employment contract for a
senior employee’ including the notes
Read ss.1-7B, 11, 12 and 86 Employment Rights Act 1996 (‘ERA 1996’) and Regs. 4, 5,
10, 11, 12, 13 and 13A Working Time Regulations 1998 (‘WTR 1998’)
Provide answers to the pre-session task for discussion
Post-Session:
Consolidate your learning in the session
, -There is actually no duty of the employer to give a contract of employment, but under ERA
under s.1-7B to give a written statement of particulars
-Remember: 6th April 2020 there will be changes to when particulars of employment will need
to be given (we are being examined on the current pre-April 2020 position)
-Blackstone statute book shows the new law (into force from 06/04/20):
-Provisions will apply to workers (currently only apply to employees)
-New provisions→ s.1(4)(a), s.1(da),and s.1(4)(ga)
-Employer will be required to provide written statement at the start of employment (s.1(2))
-Different rules about which items must be included in single document (s.1(2)(a)+(4)
→We will, however, be examined as to the current position - IN THE EXAM PUT
DOWN CURRENT POSITION BUT WILL NOT BE PENALISED TO PUT NEW POSITION
(DO NOT THOUGH PUT BOTH DOWN)→ FOLLOW LG1 D1
-Terms include: express (written), express (oral), implied (statute) and implied (common law)
– see implied terms in LG
Written Particulars s.1(3) and (4) ERA – requirements (check if each in contract)
• employee name – yes
• employer name- yes
• commencement date - yes
• continuous employment- not included, need to add to clause 2 (same as
commencement)
• rate of pay- yes
• intervals of pay- yes
• hours- yes
• holidays- yes
• job title /duties- yes
• normal place of work- yes
^All the above must be in a single document (s.2(4)
• notice- yes
• sickness/injury policy- yes
• pensions- yes
• collective agreements - yes (even if none, statute requires still to be stated)
• date FTC will end (fixed term contract – where applicable)- here permanent, not fix
term so not relevant
• work outside the UK- yes
• disciplinary rules and procedures (when the employee is not performing) - no
• raising a grievance (grievance is when employee has an issue it wants to raise) - no
Need to see if all under s.2(4) are in a single document (i.e. in the contract)→ the first list
second list currently does not need to be in a single document (but new changes will be
different)
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