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The Essential Guide to Employment Contracts

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The Validity of Unsigned Employment Contracts in Northern Ireland

Posted in: Essential Guide to Employment Contracts on 20/03/2023 Employers frequently ask whether an employment contract is legally binding if it was never signed. Whether an employer wishes to use an unsigned contract to support or quash a claim, the position is the same - an employment contract does not have to be signed by both parties for it to be legally bi...
This article is listed under the following topics:
Contracts of Employment
Features

Using Settlement Agreements to Prevent Future Claims: A Thing of the Past?

Posted in: Essential Guide to Employment Contracts on 31/01/2023 Background The recent decision in Bathgate v Technip UK Ltd has limited the scope of Settlement Agreements in quashing future discrimination claims. The Claimant, Mr Bathgate, worked for the Respondent for 20 years before agreeing to take voluntary redundancy and entering into a Settlement Agreemen...
This article is listed under the following topics:
Redundancy Contracts of Employment
Features

Unlawful Deductions From Wages

Posted in: Essential Guide to Employment Contracts on 24/05/2022 Unlawful deductions from wages (“UDW”) are commonplace and yet it’s an area of HR that many businesses get wrong. Businesses often then leave themselves open to Tribunal claims from their staff for the deductions from wages that they make. Businesses can be liable for unlawful deductions claims eve...
This article is listed under the following topics:
Contracts of Employment Pay
Features

Territorial Issues - What Law and Jurisdiction Applies to Employees Who Work Partly Outside NI?

Posted in: Essential Guide to Employment Contracts on 21/03/2022 Working from home and remotely has thrown up a large number of issues for employers, including on this island in particular, where employees may easily split their working time across Northern Ireland and the Republic of Ireland. This can lead to confusion over which law applies if the employer is ...
Features

Income Protection Policies and Dismissals

Posted in: Essential Guide to Employment Contracts on 30/11/2021 Income protection policies are a popular employee benefit. However, they throw up a few legal and practical issues that should be addressed to ensure employees are clear on the extent of the benefit and that employers mitigate against the risk of breach of contract and unfair dismissal claims. Inco...
This article is listed under the following topics:
Absence and Sickness Contracts of Employment Pay
Features

Do Your Employment Contracts Reflect The Needs Of The Business?

Posted in: Essential Guide to Employment Contracts on 28/09/2021 Better Business Act The Better Business Act (“BBA”) coalition recently proposed an amendment which, if passed, would change the focus of the director’s duty set out in section 172 of the Companies Act 2006 from being a duty “to promote the success of the company” to being a duty “to advance the pur...
This article is listed under the following topics:
Contracts of Employment Pay
Features

Striking the Right Balance - The Impact of Strikes on Employment Contracts

Posted in: Essential Guide to Employment Contracts on 25/05/2021 In the current climate, change to working conditions, hours and relationships is inevitable. The end of Furlough and other business supports could bring turbulent times. Contracts of employment can be successfully varied using the correct process and sufficient consultation, but the employee strike...
This article is listed under the following topics:
Contracts of Employment Collective and Trade Union Issues
Features

Avoiding Discrimination in Pre-employment Health Questions

Posted in: Essential Guide to Employment Contracts on 22/03/2021 Introduction During the recruitment process, employers should carefully consider the need to make reasonable adjustments for any disabled candidates that apply. One way that employers can do this is through pre-employment questions. There is a balance to be struck with pre-employment questions a...
This article is listed under the following topics:
Discrimination Recruitment and Selection
Features

Restrictive Covenants and Transfers – do they still apply?

Posted in: Essential Guide to Employment Contracts on 26/11/2019 Introduction The Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) typically applies to business asset sales, as opposed to share sales. The purpose of TUPE is to protect employees when the business they work for changes ownership. TUPE contains various provisions which ...
This article is listed under the following topics:
Contracts of Employment Transfer of Undertaking (TUPE) Pay
Features

Alcohol and Drug Testing in the Workplace – The next big thing?

Posted in: Essential Guide to Employment Contracts on 24/09/2019 In her latest article Kiera Lee, Director in Mills Selig discusses the importance of having an alcohol and drugs policy in place with clear rules about the consequences of working under the influence of drugs and alcohol. She also states that it is important that the policy is made readily availab...
This article is listed under the following topics:
Health and Safety Contracts of Employment