The Essential Guide to Employment Contracts

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Deductions and Repayment Clauses in Contracts of Employment

Posted in: Essential Guide to Employment Contracts on 12/09/2017 Repayment and deductions clauses are useful tools for employers. They can be used to claw back training costs and other debts, as a disciplinary sanction, an incentive to stay in employment for longer or as a deterrent to breaching the contract of employment. There are some considerations when draf...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment
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Mobility Clauses - An Employee’s Place of Work

Posted in: Essential Guide to Employment Contracts on 11/07/2017 It is a requirement of Article 33 of Employment Rights (NI) Order 1996 (statement of particulars of employment) that an employer is required to state an employee’s place or places of work. These details are often contained in a contract by way of a mobility clause which reserves the right of the em...
This article is listed under the following topics:
Contracts of Employment
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Contract Clauses – Fixed Terms

Posted in: Essential Guide to Employment Contracts on 13/03/2017 It is a requirement of Article 33 of the Employment Rights (Northern Ireland) Order 1996 that any terms of employment confirms the duration of that employment. This is particularly important where any appointment is temporary or for a fixed term. Contracts should set this out clearly to avoid later...
This article is listed under the following topics:
Contracts of Employment
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The Letter Of Offer of Employment

Posted in: Essential Guide to Employment Contracts on 23/01/2017 A letter of offer of employment is often the start of employment relationship. It is an important document and needs to be drafted with care to avoid disputes and misunderstanding. Decide if the letter of offer is to be just that or whether it will constitute the contract. The letter of offer can b...
This article is listed under the following topics:
Contracts of Employment
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Probationary Periods and the Contract of Employment

Posted in: Essential Guide to Employment Contracts on 21/11/2016 Probationary Periods - Is it a requirement? There is no statutory requirement to include a probationary period in a contract of employment. However, it is a useful tool to manage new or newly promoted employees. There is no automatic or implied term in a contract for a probationary period so it mus...
This article is listed under the following topics:
Contracts of Employment Probation
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Prohibited terms in employment contracts

Posted in: Essential Guide to Employment Contracts on 19/09/2016 Generally speaking prohibited contract terms are those prohibited by the Employment Rights (Northern Ireland) Order (as amended) (the ERO) and those which are otherwise illegal.Prohibition by the ERO Article 245 of the ERO prohibits the use of terms in an employment contract which have the effect o...
This article is listed under the following topics:
Discrimination and Equality Contracts of Employment
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The Duty of Trust and Confidence

Posted in: Essential Guide to Employment Contracts on 19/07/2016 The duty is owed by both parties to the contract and requires both parties not to act in a way that is designed or likely to damage or cause the relationship to break down. It is a very wide term that applies to every aspect of the relationship between employer and employee.Background Case law has ...
This article is listed under the following topics:
Contracts of Employment
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Implied Terms in Employment Contracts

Posted in: Essential Guide to Employment Contracts on 16/05/2016 What is an implied term? Employment contracts are subject to the same legal principles as other contracts in that the terms between the parties should be expressly written but in addition there are number of term that can be implied into an employment contract even where they are not expressly agre...
This article is listed under the following topics:
Contracts of Employment
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Continuity of Employment - Why is it Important?

Posted in: Essential Guide to Employment Contracts on 19/04/2016 The requirement to provide a written statement of terms of employment includes the date from which the employment began. It is important to record this as many employment rights only apply after a minimum period of continuous service. For example: after one year continuous service an individual can...
This article is listed under the following topics:
Contracts of Employment
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The Requirement to Provide a Contract of Employment

Posted in: Essential Guide to Employment Contracts on 19/01/2016 The Requirement to Provide a Written Statement of Particulars / Contract of EmploymentWhat is the legal requirement?Employees (not all workers) are entitled to a written statement of particulars of the most important aspects of their contract. Alternative documents may be used such as an offer lett...