The Essential Guide to Employment Contracts

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Features

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
Features

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
Features

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
Features

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
Features

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
Features

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
Features

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
Features

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...
Features

Making a Reasonable Investigation

Posted in: Essential Guide to Employment Contracts on 07/10/2015 There is a well-established line of legal authorities on the importance of conducting an investigation into misconduct. In practice, it is often difficult to draw the line on how far to investigate employees’ responses to allegations of misconduct. The decision of the Court of Appeal in the case of...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Features

On the Road - the ECJ Decide if Travel Time is Working Time

Posted in: Essential Guide to Employment Contracts on 15/09/2015 The European Working Time Directive 2003 (WTD) and the national legislation comprised in the Working Time Regulations (NI) 1998 (WTR) have been under regular scrutiny in the courts over the last number of years. Few employers will have missed the publicity surrounding the debate over what should an...