Forum of British Pubs Dismissal & Redundancy Guide 2020

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Forum of British Pubs Dismissal & Redundancy First edition

November 2020

Published by

Forum of British Pubs

Ruskin Chambers Drury Lane Knutsford Cheshire WA16 6HA Telephone: 01565 626056 Email: info@forumofbritishpubs.com Website: www.forumofbritishpubs.com Copyright

© Forum of British Pubs 2020

All rights reserved other than templates. No part of this publication may be reproduced in any material form through the process of, including but not limited to, photocopying, scanning, digital copying or otherwise, without the written permission of the copyright owners, except in accordance with the provisions of the Copyright, Designs and Patents Act 1988.

The document and content remain the property of the Forum of British Pubs.

Any unauthorised or restricted act, including but not limited to, reproduction or repurposing, distribution, sharing, reselling, in relation to this publication and it’s content may result in civil proceedings and/or criminal prosecution.

Disclaimer The Forum of British Pubs has taken every possible care to ensure that the information contained in this guide is accurate at the time of being published, and the publishers cannot accept any liability for errors or omissions, however caused.

The information provided by the Guide cannot be taken as an authoritative interpretation of the law. Such an interpretation can only be given by employment tribunals and the courts. Before taking any further action, you may wish to consider taking legal advice.

The information contained in the Guide is based around the employment rules and regulations as they apply in England. While generally the same regulations apply to Northern Ireland, Wales and Scotland, please contact the Forum of British Pubs should you have specific issues in those areas of the United Kingdom.

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Contents

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Introduction

5

Dismissals

7

Lay-offs and short time working

14

Redundancy

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Post employment

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Templates

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Introduction Employers could at some point have to dismiss employees, place them on short-time working, lay them off or make them redundant. All of these issues are very complex, and employers need to ensure they are acting carefully, thoroughly and, most importantly, professionally.

If business operations change, or there is less of a demand for a product, employers could experience a shortage of work. If this occurs, and the situation is temporary, then in certain circumstances the employees could work fewer hours (‘short-time working’) or not attend work at all (be ‘laid off’). If the reduction in work is expected to be permanent, employers then may need to make employees redundant.

The Acas Code of Practice on disciplinary and grievance procedure does not apply to redundancy dismissals, therefore a failure to follow the Code in redundancy situations will not automatically result in an increase in any compensation. However, the exclusion of redundancy dismissals from the scope of the Code does not mean that employers can ignore procedural fairness when making redundancies. Redundancy dismissals are covered by section 98 of the Employment Rights Act 1996 in the same way as other dismissals.

Note: Throughout this guide we refer to templates which will help you through the process. All templates can be found and the end of the guide.

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Dismissals Types of dismissals Dismissals occur where: •

The employer terminates the contract.

•

A fixed-term contract expires and is not renewed.

•

The employee resigns because of the employer’s actions and, under the circumstances, is justified in doing so (see constructive dismissal on page 7).

Fair and unfair dismissal A dismissal may be fair or unfair, depending on the reason for dismissal and whether the employer acted ‘reasonably’ in the circumstances. You should bear in mind that employment tribunals follow previous legal decisions in deciding/defining what is ‘reasonable’.

To dismiss an employee fairly, you must firstly have a fair reason for doing so. These designated reasons are: •

Capability or qualifications.

•

Conduct.

•

Illegality or a contravention of a statutory duty.

•

Redundancy.

•

Some other substantial reason (SOSR).

SOSR is a very wide category and is used to cover virtually every other possible reason.

For example, an employee who refused to use computers when they were installed, despite training, was dismissed. This was said to be a valid reason to dismiss. SOSR is a very difficult area of employment law.

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Automatically unfair dismissal Employees may bring a claim for automatically unfair dismissal, regardless of their length of service, if they were dismissed or unfairly selected for redundancy on one of the following grounds: •

Exercising or trying to exercise a statutory (legal) employment right. These include the rights to: A written statement of employment particulars.

An itemised pay statement.

A minimum notice period.

Maternity, paternity or adoption leave.

Time off for antenatal care.

Parental leave.

Time off to care for dependants.

Request flexible working arrangements.

Not be discriminated against because of age, disability, gender, gender reassignment, marriage or civil partnership, pregnancy or maternity, race (including colour, nationality or national/ethnic origin), religion or belief, sexual orientation.

Guaranteed pay when work is not available.

Time off for public duties (e.g. jury service).

Protection against unlawful deductions from wages.

Remuneration during suspension on medical grounds.

Refusing to do shop or betting work on a Sunday.

Making a public interest disclosure (whistle-blowing).

•

Taking certain specified action on health and safety grounds. This includes: Carrying out or trying to carry out any activities in the role of a health and safety representative.

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Performing or trying to perform duties as an official or employer- acknowledged health and safety representative committee member.

Bringing to an employer’s attention a concern about health or safety in the workplace.

Leaving, proposing to leave or refusing to return to the workplace (or any dangerous part of it) if there is a serious, imminent danger that cannot be prevented.

Taking or trying to take the appropriate steps to protect him/herself or other people from a serious and imminent danger.

•

On the transfer of an undertaking or part of an undertaking, and the transfer itself, or a reason connected with it. This is unless it can be established that the dismissal was for an economic, technical or organisational reason entailing changes in the workforce.

•

Having exercised a right to be accompanied, or acted as a companion, at a disciplinary or grievance hearing.

•

Enforcing or seeking to enforce a right under the Working Time Regulations 1998. This includes protection against a refusal to: Break working time rights – even if your employer tells you to work.

Give up one of the working time rights.

Sign a workforce agreement that impacts upon working time rights.

•

Reasons relating to trade union membership, recognition or subscription funds.

This includes being dismissed for: Deciding to join, not to join or take part in the activities of a trade union or independent trade union, or for using its services.

Refusing to give up rights under a collective agreement.

Objecting to or refusing to make a payment for union membership.

Showing support or non-support of any aspect of trade union recognition in the workplace.

Asking an employer to stop paying a contribution of a trade union subscription into the trade union’s political fund.

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Objecting to a deduction of unauthorised or excessive union subscriptions from pay.

•

Having taken part in lawfully organised, official industrial action lasting 12 weeks or fewer (or longer, in some circumstances).

•

Reasons relating to the National Minimum Wage (NMW). This includes being dismissed for: Qualifying, or being about to qualify, to be paid the NMW. Insisting on a right to be paid at least the NMW. Reporting an employer for not paying the NMW.

•

Being an employee representative (or thinking about becoming an employee representative). This includes consultations with an employer about redundancies or business transfers, or as a: European Works Council representative.

Member of a special negotiating body.

Information and consultation representative.

• Activities undertaken as an occupational pension scheme trustee.

• Being treated less favourably as a part-time or fixed-term employee than as a

full-time or permanent employee. This includes being dismissed because of: Part-time or fixed-term status.

Making a complaint about being treated less favourably than another employee.

Giving evidence or being involved in a complaint raised by another employee.

An employer believing the employee intended to do any of these things.

• Being entitled, or potentially being entitled, or enforcing rights relating to, Working Tax Credits.

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Constructive dismissal Constructive dismissal occurs where an employee resigns because his or her employer has fundamentally breached his or her contractual terms, for example making a unilateral change to an employee’s contract by reducing his or her annual salary.

Note: In order to bring a claim for constructive dismissal at an employment tribunal an employee is required to have 24 months’ (two years’) service of employment. Unless they happen to bring a claim under one of the categories mentioned above where 24 months’ service is not required.

Wrongful dismissal Wrongful dismissal is where a contractual term is broken in the dismissal process, for example where an employer dismisses an employee without providing him or her with his or her full contractual notice entitlement.

Note: There is no qualifying period for an employee to bring a claim for wrongful dismissal at an employment tribunal.

Reasonableness As an employer, you should act reasonably and in accordance with the Acas Code of Practice if you decide to dismiss an employee. In cases of alleged misconduct, before considering dismissal, you should: •

Genuinely believe the employee has committed the offence.

•

Have reasonable grounds for that belief .

•

Have carried out proper and reasonable investigations.

•

Have followed procedures.

•

Have informed the employee of the allegations and listened to his or her views.

•

Have allowed the employee to be accompanied at the disciplinary hearing.

•

Have given the employee the chance to appeal against the decision and acted within the ‘band of reasonable responses’ available in the circumstances.

Note: ‘Reasonableness’ may also depend on whether the employee could be expected to understand the consequences of his or her behaviour.

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Notice periods Employees are entitled to notice either under their contracts of employment or, if not specified, according to statutory notice provisions. Employees who are dismissed on the grounds of gross misconduct may however be dismissed without notice.

The statutory minimum notice period you should provide to the employee in all other types of dismissal situation is set out in the table below.

If the reason or principal reason for an employee’s dismissal relates to his political opinion or affiliation, then the employee does not need any qualifying service to bring an unfair dismissal claim on that basis.

Sick pay during the notice period If, following an employee’s resignation or dismissal, they are absent from work due to sickness during their notice period, the requirement to pay sick pay may change.

If the employee’s contract entitles them to receive only a week’s notice for every year’s service (i.e. the minimum statutory requirement) and no salary during sickness absence, i.e. only SSP, then the employer is obliged to pay full salary while the employee is off sick during their notice period.

If the employee’s contractual notice exceeds the statutory minimum by at least a week the employer would only be required to pay SSP, or in some circumstances, where SSP has expired, would not have to pay anything at all, assuming the employee is on sick leave for the period of his notice.

This rule applies no mater who actually gave the notice. For example if the person leaving resigned, you still use the rule above.

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LENGTH OF SERVICE

MINIMUM NOTICE PERIOD TO BE GIVEN BY THE EMPLOYER

Less than one month

Nil

Between one month and two years’ continuous service

One week’s notice

Between two years and 12 years’ continuous service

One week’s notice for each complete year of service

More than 12 years’ service

12 weeks’ notice

Upon dismissing an employee, you may not wish him or her to work out his or her notice period. If this is the case, provided you have the contractual provisions in place within the contract, you have two options: 1.

Pay in lieu of notice. This means the employee can leave immediately, but receives payment up to the date he or she would have left had he or she been allowed to work a period of notice as per his or her contract.

2. Place the employee on ‘garden leave’. This means you continue to pay the

employee up to the date when the notice period ends, but ask him or her to stay at home and not to do any work.

Note: Pay in lieu of notice can potentially amount to a breach of contract unless this is specifies in the employee’s contract.

Final payments and other matters An employee who has been dismissed may be entitled to these final payments: •

Normal pay up to the date of termination

•

Pay for unused accrued holiday

•

Any pay in lieu of notice

•

All contractual bonuses, overtime or benefits calculated up to the effective date of termination.

If the employee has caused damage, or if you have suffered some quantifiable loss arising from the employee’s conduct, the cost of this cannot safely be deducted unless the contract allows for it.

In a summary dismissal, do not include pay in lieu of notice. You may limit holiday pay to statutory holiday entitlement only, if your contract allows.

Written reasons for dismissal If an employee asks for written reasons for his or her dismissal, you must provide the information within 14 days of the request if he or she has at least two years’ continuous service.

As a matter of course, you should give reasons in writing to any female employee dismissed while she is pregnant, on statutory maternity leave or adoption leave.

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These written reasons can later be used as evidence at an employment tribunal.

Failure to provide reasons in writing can lead to a tribunal award of up to two weeks’ gross pay.

References You may be asked to provide a reference on or after the termination of an employee’s employment, however you have no legal obligation to do so, unless the contract specifies otherwise, or you are in a regulated industry.

Great care should be taken when writing a reference. You must ensure it is true, accurate and fair to avoid potential legal action by either the employee or the new employer. See the sample reference template for more information on supplying references.

Template 8.1 – Letter giving a reference

Lay-offs and short-time working As an employer, you may choose to place employees on short-time working or have to lay off all or some employees, should a situation arise where there is a shortage of work.

However, if you lay off employees without any contractual provision, this will be a breach of contract unless you are able to demonstrate that you are able to assert this right via custom and practice (even if you have an ‘agreement’ this will still need to be referenced in contract). It would be constructive dismissal if the employee resigned in response to such a breach (and they may be then able to claim a redundancy payment).

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Lay-offs Laying off means telling an employee not to come into work for at least a day. You will generally be entitled to do this and it can be a useful alternative to dismissing employees by reason of redundancy.

However, if you do not handle the lay-offs carefully, you could face claims such as unfair dismissal (if the employee has two year’s service), unlawful discrimination, breach of contract and unlawful deductions from wages.

Laid off employees are still entitled to be paid, unless you have the contractual right to withhold payment. This right can arise in a number of ways: •

If you obtain the employee’s verbal or written agreement.

•

If you have negotiated an agreement with the trade union.

•

If there is a national agreement for your particular industry.

•

If there is clear evidence that unpaid lay-offs are an established custom and practice.

Even if you have the right not to pay full salary during a period of lay off, most employees will be entitled to Statutory Guarantee Pay which is currently £30 a day, for 5 days in any three month period.

Try to be as transparent as possible, both in terms of your decision to lay people off and how you implement your decision. Employees are likely to be more receptive to your proposals if they understand why you need to lay people off, particularly if they understand that you are trying to safeguard their jobs in the long term.

Employees who believe that they have been unfairly singled out are far more likely to bring claims against you. You should therefore: •

Consider requesting or requiring employees to take annual leave instead of laying them off, or implementing short time working (where an employee’s contractual hours are reduced).

•

Carry out a fair selection process before deciding who to lay off, and document this.

•

Consult with employees or their representatives - use similar letters and guidance to the redundancy template.

•

Obtain letter agreement to lay off (see template 7.13).

Template 7.13 – Lay off notification and acceptance letter

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If you are considering laying off skilled employees, there is a risk that they could show that they are entitled to be provided with work. If their contract does not expressly allow you to lay them off, you should therefore make sure that you obtain their consent before doing so (whether or not you pay them).

In certain circumstances (particularly, in relation to piece rate workers), employees could claim that they are redundant after a period of lay-off and claim statutory redundancy pay. They must notify you in writing of their intention to do this. If you believe that you will have work for them soon, you must respond to this notification within seven days or else you will be deemed to have agreed to their claim.

Finally, if you know that redundancies are inevitable, do not try to use lay-offs as a means of avoiding paying redundancy payments. This could lead to employees resigning and claiming constructive or unfair dismissal and therefore could cost you a lot more than if you went through a fair redundancy process.

Lay-off pay If an employee is laid off or placed on short-time working, he or she is entitled to a guaranteed payment for the days that he or she is excluded from working.

Guaranteed pay is payable for the first five workless days in any three-month period.

Guaranteed pay is payable at the current statutory rate of £30.00 per day for five days in any three-month period. However, if an employee’s daily wages are less than the current guaranteed pay statutory rate, he or she is entitled to the normal rate of pay, whichever is the lowest. The rate for statutory guaranteed pay is increased each February.

If the lack of work is a result of a strike or other industrial action involving an employee(s) from your company or an associated company, guaranteed pay may not be payable.

Normal wages/salary need not be paid to employees who are laid off if the contract of employment expressly confirms that this is the case.

Lay-off leading to redundancy If an employee has been laid off for a continuous period of at least four weeks, or for a period of six non-consecutive weeks in any 13-week period, he or she will be entitled to claim redundancy pay. He or she must follow certain steps to claim this.

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Short-time working Short-time working occurs when employees are laid off for a proportion of their normal number of contractual hours or days per week. As in the case of lay-offs, you must have an express or implied right to place employees on short-time working and to lawfully reduce their pay.

Note: Where you do not have an express or implied right to place employees on short-time working, employees may make a claim to an employment tribunal.

Furlough As a result of the Coronavirus pandemic, many employees were placed on furlough. This is a temporary leave of absence and a percentage of employees wages paid by the government.

In order to protect employees, a new law was passed in July 2020 to ensure that furloughed employees receive statutory redundancy based on their normal wages, and not the reduced furlough rate.

This applies to employees with more than 2 years continuous employment.

The legislation also applies to Statutory notice pay, employees must be given a notice period before their employment ends following redundancy. This can be from one weeks notice up to 12 weeks, depending how long they have worked.

During this notice period the employees must be paid.

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Redundancy Fair Redundancy Procedure Flowchart START

Does a redundancy situation (as defined) exist?

Dismissal cannot be by person reason of Create redundancy. specification

Decide the number of employees to be affected by redundancy.

Will more than 20 employees be affected by the redundancies within a period of 90 days or less?

Consult with appropriate representatives of the employees concerned on the measures to be taken.

Create person specification

No duty to consult appropriate representatives of the employees concerned.

Notify Redundancy Payments Service and obtain a HR1 form.

Invite volunteers.

Does an established selection procedure exist?

Create person specification Establish objective criteria for selection.

Apply selection procedure.

Issue letter in accordance with the Acas code. Consult with individuals affected about the need for redundancies, reasons for selection and availability of alternative employment.

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Hold step two meeting.

Issue dismissal Create person notices, advising employees of right specification of appeal.

Hold appeal meeting if this is requested.

Redundancy can be a straightforward process, provided that fair procedure is correctly followed, but it is so easy to get wrong, and this can lead to a finding of unfair dismissal.

This Guide does not cover every situation that can arise when you are faced with making an employee or employees redundant, as these may be peculiar to your business.

If you are in a position to offer a redundant employee an alternative position, the employee should be allowed to try the alternative job on a trial basis for a period of four weeks, whilst still preserving his or her entitlement to a redundancy payment.

An employee who is made redundant qualifies for a redundancy payment, provided that his or her length of service is two years or more. In addition to the redundancy payment, an employee who is not required to work his or her notice will receive pay in lieu of notice according to his or her length of service.

As an alternative to redundancy, you may wish to consider placing employees on short-time working or laying them off. Information on short-time working and lay-offs can be found on page 14.

For further information, refer to the fair redundancy procedure flowchart on page 18, which outlines the steps that you should take as an employer when facing a redundancy situation.

What is redundancy?

The definition of redundancy is set out in the Employment Rights Act 1996: ‘For the purposes of this Act, an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is attributable wholly or mainly to: A. The fact that his or her employer has ceased or intends to cease:

i. to carry on the business for the purposes of which the employee was employed by him or ii. to carry on that business in the place where the employee was so employed

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or B. The fact that the requirements of that business:

i. for employees to carry out work of a particular kind or ii. for employees to carry out work of a particular kind in the place where the employee was employed by the employer have ceased or diminished, or are expected to cease or diminish.’

As a preliminary issue, you should always consider whether lay-offs or short-time working would be a better solution than redundancy, particularly where there is a short period of diminishing workload but an expectation of increased work after a reasonable period of time.

Reasons for redundancy There has to be a genuine reason for redundancy because it is the employee’s job or function that is being made redundant, not the person.

Generally, reasons for redundancy may include: •

A restructuring or reorganisation.

•

A need to reduce overheads because of falling sales or increases in losses (it will be necessary to produce figures to demonstrate such losses).

•

An increase in automation, so that there is no longer any requirement to employ the number of individuals previously employed.

Consultation There are more unfair dismissal claims brought to employment tribunals because of the lack of fair and meaningful consultation, or confusion over what consultation actually means, than for any other reason when dealing with redundancy situations.

Fair and meaningful consultation means consultation when the proposals are still at the formative stage; adequate information; adequate time in which to respond; and conscientious consideration by a person in authority of the response to consultation.

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In other words, consultation involves giving the person or persons at risk of redundancy a fair and proper opportunity to understand fully the matter about which he or she is being consulted and to express his or her views on those subjects with the person conducting the consultation process, who thereafter considers those views properly and genuinely.

Consultation must, therefore, take place before any final decision regarding a person’s redundancy has been taken. All employees should be ‘at risk’ of redundancy only during the consultation process.

Where you are proposing to dismiss as redundant 20 or more employees at one establishment, within a period of 90 days or fewer, you should consult with appropriate representatives of any of the employees who may be affected by the proposed dismissals, or who may be affected by measures taken in connection with those dismissals.

Consultation must begin in good time. The minimum periods for consultation are as follows: •

Where 100 or more employees are being made redundant, it must be at least 45 days before the first of the dismissals takes effect.

•

Where between 20 and 99 employees are being made redundant, it must be at least 30 days before the first dismissal takes effect.

•

Where fewer than 20 staff are affected by redundancy, you are not required to consult collectively unless you already have an agreement to do so in place, although you must still consult individually over a 14-day period.

Even if you are proposing to dismiss fewer than 20 employees, you should collectively consult with any union that you recognise for those employees.

•

Consultation should consist of at least two meetings over a minimum of two weeks before any decision is taken to dismiss. This gives the individual(s) affected the chance to consider the situation. Although members of staff do not have the statutory right to be accompanied at redundancy consultation meetings, we would advise that you check whether they have the right under their contract of employment or within company redundancy policy.

In any event, we would advise that it is good practice to allow staff to be accompanied to further demonstrate a fair procedure and also to increase staff confidence in your handling of the process.

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You should ensure that your employees are kept fully informed if you are faced with the possibility of implementing any redundancies.

There are templates at the end of the guide which you can use for this purpose.

Template 7.3 – Letter notifying workforce/individual of redundancy situation (fewer than 20 employees) Template 7.4 – Letter notifying workforce/individual of redundancy – voluntary redundancy

Meaning of ‘establishment’ Establishment is used to describe a multi-sited company which is to be regarded as one single organisation, so that the total number of employees to be made redundant falls under the collective redundancy rule.

The European Court of Justice has made the decision that each site should be treated as a separate entity in regard to redundancy and consultation.

Identifying the pool for selection The reasons for the redundancy, and the likely areas or departments from which the redundancies will come, either from across the whole workforce or from specific departments, should be identified.

It is now necessary to identify the group or groups of workers from which those to be declared as at risk of redundancy will be selected. This is termed ‘the pool for selection’.

Once you have made the decision that redundancy is necessary, it would be normal to request volunteers for redundancy before embarking on any compulsory selection process. Where an employee volunteers, the reason for the ending of his or her employment is dismissal for redundancy.

When considering applicants for voluntary redundancy, you should bear in mind the balance in the skills and experience of your workforce, and reserve the right to reject applications.

Very often, a job-holder is unique in that he or she is the only person holding that position. However, this does not always mean that no selection process is required. Care must be taken to ensure that such individuals do not have other skills, or indeed other duties, which mean that they should be included in a wider pool for selection.

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Template 7.5 – Letter accepting application for voluntary redundancy Template 7.6 – Letter rejecting application for voluntary redundancy

Selection for redundancy Having identified the pool for selection, it is then necessary to apply selection criteria in order to select those to go; this is usually done by a scoring process.

Selection criteria that are potentially discriminatory should be avoided.

In a claim for unfair dismissal, the tribunal will consider the pool for selection.

If the pool is reasonable, the tribunal will go on to look at the selection criteria applied. Such criteria must be objective and not just reflect the personal opinion of a manager; they should also be able to be verified by reference to company records of attendance, efficiency, sickness, length of service and so on.

Whilst applying ‘Last In – First Out’ (LIFO) may be an easy and obviously objective method of selection, it can put employers at real risk of an age discrimination claim if the result is that younger employees are selected for redundancy.

Tribunal decisions illustrate the risks if subjective criteria are used. During a recent tribunal case, it was decided that the retention of employees who, in the manager’s opinion, would keep the company viable, was ruled to be entirely subjective and unreasonable.

In another case, the selection of salesmen for redundancy based on a ‘costsaving’ criterion, i.e. those who cost more in terms of overheads but who generated least revenue, was ruled not to be an appropriate yardstick by which to assess employees’ performance. The employers in that case had failed to undertake any real appraisal of the employees, and their selection process completely lacked objectivity.

Other examples of objective criteria are skills, knowledge and flexibility. ‘Attitude to work’ would generally be unreasonable as a criterion.

Although health may be reasonably taken into account in the selection process, it is essential that you ensure that your facts are accurate, so that assumptions are not made. Care should also be taken in this area to avoid selection on the grounds of disability, which may lead to a claim for disability discrimination.

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There are some dismissals which would be automatically unfair, such as selection for redundancy on grounds of pregnancy or childbirth. These would also constitute direct sex discrimination.

This does not mean that all pregnant employees dismissed as redundant would automatically succeed in a claim at a tribunal. If this situation arises, and a female employee is selected for a redundancy for a reason genuinely unconnected with her pregnancy, it would be fair.

It is fairly common practice for employers to decide upon a number of different criteria for selection. The workforce should be issued with a copy of the selection criteria once they have been informed that redundancies are being considered.

Once the selection for redundancy has been made, those selected may feel that the marking or grading was not carried out accurately, and thereby complain that their dismissals were unfair.

Tribunals may scrutinise the employer’s assessments of those who have been dismissed, and also those who have been retained, to discover any evidence that could substantiate an employee’s claim.

It is therefore essential to score those in the pool for selection carefully and objectively. It should be done by a manager or managers who have direct knowledge of the employees, and he/she/they should consult with others in order to come to an informed decision.

Template 7.1 – Redundancy selection – specific criteria Template 7.2 – Redundancy selection criteria form Template 7.7 – Letter confirming redundancy situation – selection procedure (more than 20 employees affected)

The pool for selection, i.e. those employees who have been placed at risk of redundancy and who have already been warned about the possibility of redundancy, should then be consulted on an individual basis. The purpose of the consultation is not to inform them that they have been selected for redundancy, but to discuss and consult regarding the completed selection criteria format.

This means speaking to each member of staff in the pool individually, giving him or her a copy of the selection criteria scoresheet to retain, discussing the scores with him or her, and giving each individual the opportunity to object, discuss or otherwise correct the score.

Template 7.8 – Letter asking employee to attend redundancy dismissal meeting

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Appropriate representative Where an employer recognises an independent trade union, appropriate representatives are the representatives of the trade union.

Where the employees are not members of a union you recognise, you must consult representatives elected by the affected employees for the purposes of redundancy consultation.

You could also consult employee representatives who were already appointed or elected for a purpose other than redundancy consultation, but now have authority from those employees to receive information and to be consulted about proposed dismissals on their behalf.

In carrying out an election for appropriate representatives, you must make reasonably practicable arrangements to ensure that such an election is fair. It is the employer’s responsibility to determine the number of representatives to be elected and, in so doing, must ensure that there are sufficient representatives to represent the interests of all of the affected employees.

There are detailed provisions with regard to such an election. If you are obliged to consider the collective redundancies provisions, you should take advice.

The collective redundancy provisions do not however avoid the need for individual consultation.

You should also be aware that you may have a duty to inform the Redundancy Payments Service (RPS) in advance of the proposed redundancies.

You can download a copy of the redundancy notification form (HR1) from gov. uk/government/publications/redundancy-payments-form-hr1-advancenotification-of-redundancies and you must provide a copy of the form to the employees’ elected representatives. Failure to notify is a criminal offence.

Alternative employment As part of the consultation process, you must consider the possibility of alternative employment. As a consequence of reorganisation, vacancies may be identified in areas where the potentially redundant employees do not currently work.

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Do not anticipate that a potentially redundant employee may not want a position which pays less than he or she is currently earning, or has less status.

All potential vacancies, either at the workplace or at another location within a group of companies, should be discussed, with a possibility of relocation where appropriate.

Those on maternity, paternity, adoption and shared parental leave are entitled to be offered any suitable and appropriate alternative employment in preference to other employees who are also at risk of redundancy. This is an absolute entitlement and it applies regardless of whether other employees may be stronger candidates or better qualified, but it does not mean an employer must offer every suitable and appropriate alternative vacancy or indeed any vacancy if more than one might be suitable. An employer is therefore bound to take this into account when deciding to whom to offer an available alternative position.

Note: Please note though that this statutory right only applies to those who are actually on maternity, paternity, adoption or shared parental leave during a redundancy process. It doesn’t apply to those who are due to take it or to those who have recently returned to work.

Final meeting Once consultation has taken place, you should hold a final meeting with each employee to convey the decision as to whether or not they have been selected as being at risk of redundancy.

At this meeting, the redundancy may be confirmed if no alternatives have emerged from the consultation process or there is no alternative work available.

In these circumstances there will be some discussion on whether the redundant employee is expected to work his or her notice, or whether it is to be paid in lieu.

There will also be discussion of the amount to be paid.

It is good practice, after the completion of each stage (i.e. after each individual consultation, after the discussion of the selection criteria and after the warning of all staff) to send letters or emails to employees so they are kept informed at all stages of the redundancy process.

It is essential to minute all meetings and to give all employees consulted the opportunity to be accompanied by a colleague or trade union representative.

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Dismissal The final meeting, when those selected for redundancy are notified of their dismissal for redundancy, should always be a formal one.

Each employee should be invited to the meeting in writing and given the right to be accompanied by a work colleague or trade union representative. The letter should also state the reason for the meeting and the potential outcome.

Template 7.9 – Letter confirming redundancy dismissal

Once the decision to dismiss by reason of redundancy has been notified, the affected employee should be given the right to appeal against the decision. The decision and the right to an appeal should be confirmed in writing.

Template 7.10 – Letter notifying employee of redundancy appeal hearing Template 7.11 – Letter accepting appeal against redundancy Template 7.12 – Letter rejecting appeal against redundancy

Redundancy pay A redundancy payment is compensation afforded to an employee because his or her employment has ceased by reason of redundancy. An employee may be entitled to either a Statutory redundancy payment or a contractual redundancy payment, if you provide a contractual redundancy payment scheme.

Calculating redundancy pay The possible payments an employee may be entitled to on redundancy include: • Statutory redundancy payment itself.

• Contractual redundancy payment.

• Pay in lieu of notice.

• Unused accrued holiday entitlement.

• Final monies earned, including bonuses and commission payable.

27

Statutory Redundancy Pay Table SERVICE (YEARS) AGE

2

17

1

3

18

1

1.5

4

5

6

19

1

1.5

2

20

1

1.5

2

2.5

21

1

1.5

2

2.5

3

22

1

1.5

2

2.5

3

7

8

9

11

12

13

14

15

16

17

18

19

20

3.5

23

1.5

2

2.5

3

3.5

4

24

2

2.5

3

3.5

4

4.5

5

5.5

25

2

3

3.5

4

4.5

5

5.5

6

26

2

3

4

4.5

5

5.5

6

6.5

7

27

2

3

4

5

5.5

6

6.5

7

7.5

8

28

2

3

4

5

6

6.5

7

7.5

8

8.5

9

9.5

29

2

3

4

5

6

7

7.5

8

8.5

9

9.5

10

30

2

3

4

5

6

7

8

8.5

9

9.5

10

10.5

11

31

2

3

4

5

6

7

8

9

9.5

10

10.5

11

11.5

12

32

2

3

4

5

6

7

8

9

10

10.5

11

11.5

12

12.5

13

13.5

33

2

3

4

5

6

7

8

9

10

11

11.5

12

12.5

13

13.5

14

34

2

3

4

5

6

7

8

9

10

11

12

12.5

13

13.5

14

14.5

15

35

2

3

4

5

6

7

8

9

10

11

12

13

13.5

14

14.5

15

15.5

16

36

2

3

4

5

6

7

8

9

10

11

12

13

14

14.5

15

15.5

16

16.5

17

37

2

3

4

5

6

7

8

9

10

11

12

13

14

15

15.5

16

16.5

17

17.5

38

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

16.5

17

17.5

18

39

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

17.5

18

18.5

40

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

18.5

19

41

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

19.5

42

2.5

3.5

4.5

5.5

6.5

7.5

8.5

9.5

10.5

11.5

12.5

13.5

14.5

15.5

16.5

17.5

18.5

19.5

20.5

43

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

44

3

4.5

5.5

6.5

7.5

8.5

9.5

10.5

11.5

12.5

13.5

14.5

15.5

16.5

17.5

18.5

19.5

20.5

21.5

45

3

4.5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

46

3

4.5

6

7.5

8.5

9.5

10.5

11.5

12.5

13.5

14.5

15.5

16.5

17.5

18.5

19.5

20.5

21.5

22.5

47

3

4.5

6

7.5

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

48

3

4.5

6

7.5

9

10.5

11.5

12.5

13.5

14.5

15.5

16.5

17.5

18.5

19.5

20.5

21.5

22.5

23.5

49

3

4.5

6

7.5

9

10.5

12

13

14

15

16

17

18

19

20

21

22

23

24

50

3

4.5

6

7.5

9

10.5

12

13.5

14.5

15.5

16.5

17.5

18.5

19.5

20.5

21.5

22.5

23.5

24.5

4.5 6.5 7.5 8.5 10.5 11.5 12.5 14.5 15.5 16.5

51

3

4.5

6

7.5

9

10.5

12

13.5

15

16

17

18

19

20

21

22

23

24

25

52

3

4.5

6

7.5

9

10.5

12

13.5

15

16.5

17.5

18.5

19.5

20.5

21.5

22.5

23.5

24.5

25.5

53

3

4.5

6

7.5

9

10.5

12

13.5

15

16.5

18

19

20

21

22

23

24

25

26

54

3

4.5

6

7.5

9

10.5

12

13.5

15

16.5

18

19.5

20.5

21.5

22.5

23.5

24.5

25.5

26.5

55

3

4.5

6

7.5

9

10.5

12

13.5

15

16.5

18

19.5

21

22

23

24

25

26

27

56

3

4.5

6

7.5

9

10.5

12

13.5

15

16.5

18

19.5

21

22.5

23.5

24.5

25.5

26.5

27.5

57

3

4.5

6

7.5

9

10.5

12

13.5

15

16.5

18

19.5

21

22.5

24

25

26

27

28

58

3

4.5

6

7.5

9

10.5

12

13.5

15

16.5

18

19.5

21

22.5

24

25.5

26.5

27.5

28.5

59

3

4.5

6

7.5

9

10.5

12

13.5

15

16.5

18

19.5

21

22.5

24

25.5

27

28

29

60

3

4.5

6

7.5

9

10.5

12

13.5

15

16.5

18

19.5

21

22.5

24

25.5

27

28.5

29.5

61+

3

4.5

6

7.5

9

10.5

12

13.5

15

16.5

18

19.5

21

22.5

24

25.5

27

28.5

30

Note: This table works out redundancy in weeks.

28

10

Contractual redundancy payment If you provide a contractual redundancy scheme, an employee’s redundancy payment should reflect the terms and conditions set out in this scheme. Failure to provide the employee with the necessary payment, as set out in the scheme, may render you in breach of contract, entitling the employee to bring a breach of contract claim to an employment tribunal or to the county court.

Statutory redundancy payment An employee who has been made redundant is only entitled to receive a statutory redundancy payment if he or she has two years’ or more continuous service with his or her employer.

The maximum number of years that are counted for statutory redundancy purposes is 20. Length of service should be calculated by counting backwards from the effective date of dismissal. This is generally the date on which the notice given to the employee ends. You must be aware that long-term absences caused by sickness, lay-off and pregnancy count towards continuous service.

The redundancy payment due to each employee under the statutory redundancy payment scheme depends on his or her age and length of service (up to 20 years). This determines the number of weeks’ pay due, which is then subject to a limit on weekly pay, currently £538.

Note: The limit on weekly pay has historically increased on or after 1st February every year, although this has changed and any further change will take effect from April rather than February each year.

To calculate the number of weeks’ redundancy pay due, note that an employee is entitled to: •

0.5 week’s pay for each full year of service where the employee was aged under 22 during the year.

•

1.0 week’s pay for each full year of service where the employee was aged above 22 but under 41 during the year.

•

1.5 weeks’ pay for each full year of service where the employee was aged over 41 during the year.

To help you to calculate an employee’s redundancy pay entitlement, please see the Statutory Redundancy Pay Table set out on page 24 or use the government calculator www.gov.uk/calculate-your-redundancy-pay.

29

A redundancy payment is calculated by cross-referencing the employee’s age and length of service, then multiplying that number by the weekly salary (the weekly salary is currently capped at £538).

For example: •

A person earning a wage of £200 per week, aged 25, with 4 years’ service will be entitled to a redundancy payment of three and a half weeks’ salary, which equates to £700 (£200 x 3.5 = £700).

•

A person earning a wage of £550 per week, aged 41, with 10 years’ service will be entitled to a redundancy payment of ten weeks’ salary, capped at the statutory maximum payment of £538, which equates to £5,380.

The current maximum redundancy payment which an employee is entitled to receive is £16,140 (1.5 weeks’ pay for each of the 20 years of service, capped at the statutory maximum payment of £538 per week, or 1.5 weeks x 20 years x £538).

Upon making a redundancy payment, you must provide the employee with a written statement indicating how the amount was calculated.

Note: The statutory redundancy table starts at 17 years of age, as it is possible for a 17-year-old to have two years’ service. The table stops at age 61 because, after this age there are no further increases in the maximum number of weeks of entitlement.

Notice and holiday pay Notice In addition to the employee’s redundancy payment, he or she is entitled to a notice period. In order to receive payment for the notice period, the employee would normally be required to work his or her notice.

In cases where the employee is not required to work, he or she should be given notice in lieu and be paid for the whole period. The notice an employee is due will either be the notice period specified in his or her contract of employment, or the statutory minimum as shown in the table below. If the notice provision in the contract of employment provides for a longer notice period than the statutory minimum, then the contractual notice must be observed.

30

The statutory minimum notice period you should provide to the employee is set out in the following table: Statutory notice period table LENGTH OF SERVICE

MINIMUM NOTICE PERIOD

Less than one month

Nil

Between one month and two years’ continuous service

One week’s notice

Between two years and 12 years’ continuous service

One week’s notice for each complete year of service

Over 12 years’ service

12 weeks’ notice

Calculating pay for accrued holiday entitlement When an employee is made redundant, he or she is also entitled to payment for any outstanding accrued holidays.

The amount of holiday pay that the employee is entitled to receive can be worked out using the gov.uk calculator: www.gov.uk/calculate-your-holidayentitlement.

Accrued holiday on termination does not need to be rounded to the nearest half day – payment can be made for the exact amount of leave accrued.-

Time off for interviews You should ensure that any redundant employees with over two years’ service working their notice are allowed reasonable time off to attend interviews.

Such employees are paid for any time off, up to a maximum of two-fifths of a week’s salary. Any time over and above this could be unpaid if the employer so chooses.

DISCLAIMER: While all reasonable efforts have been made, the publisher makes no warranties that this information is accurate and up-to-date and will not be responsible for any errors or omissions in the information nor any consequences of any errors or omissions. Professional advice should be sought where appropriate.

31

Postemployment Even after employees have left your employment, whether it is to go to another employer, to retire or because of dismissal or redundancy you as an employer still have certain responsibilities towards your former employee.

As an ex-employer there are various aspects of a continuing responsibility, including giving references and ‘garden leave’.

References The legal position There is no legal obligation on an employer to provide an individual with a reference, unless there is a specific contractual term obliging the employer to do so or if you are employed within a specific industry, e.g. financial services. Sometimes, however, an employer’s refusal to supply a reference may constitute discrimination so all such situations should be carefully considered.

Any reference given must be truthful and factually accurate. Therefore, employers/authors of references should ensure that any reference provided is carefully drafted.

An inaccurate or defamatory employment reference can be the subject of an action for negligence or claim for defamation against an employer and/or the individual author at an employment tribunal or county court. You should remember that the author of a reference owes a ‘duty of care’ to the person about whom it is written.

Where the author of a reference is proven to have acted negligently, the subject of the reference does not have to prove ‘actual loss’ of employment, only that he or she has lost a ‘reasonable chance’ of employment and thereby sustained a loss.

You should note that the recipient of the reference may be able to sue the individual referee and/or the employer for damages if the information contained in the reference is inaccurate or misleading.

32

Aims of a reference There are two principal reasons for an employer requesting a reference on a prospective employee. These are: 1. To provide opinions as to the candidate’s suitability for the post in question and his or her potential for the future.

2. To confirm the accuracy of statements made in his or her application.

In responding to a request for a reference, the facts about an individual’s employment history and any opinion about his or her ability to undertake a new role should not be confused. If you offer an opinion regarding an individual’s abilities, you must make clear your reasons for such a view. If challenged, you would need to provide evidence to support your points of view.

Providing a reference When writing a reference, you should always indicate how long you have known the individual and in what capacity. Ensure that the facts stated about the individual are correct. No reference should be made to facts which you may be unsure about.

If you are asked to express an opinion on an issue about which you cannot make an unequivocal statement, for example regarding an individual’s honesty and integrity, it is appropriate to use a phrase such as: ‘I know of nothing that would lead me to question X’s honesty.’

You should ensure that you take care if asked to make a judgement concerning the individual’s suitability for a role, particularly if the role is significantly different to the work the individual did for your company.

As a general rule, only comments on an individual’s performance or ability that have already been the subject of discussion with him or her should be included.

All references should be marked ‘confidential’ to the addressee. It is also a good idea to include a disclaimer in the final paragraph of a reference. This could be something along the lines of: ‘In accordance with [insert company name]’s normal practice, this reference is given in good faith and in confidence, without legal liability on behalf of the author or [insert company name].’

Note: There is no guarantee that a disclaimer can prevent an individual bringing a claim. Therefore, due care must be exercised when preparing a reference.

33

All references must be given in the strictest of confidence. The recipient may be required to disclose a reference under certain circumstances, such as a request for disclosure by an employment tribunal or a court dealing with a case of negligence or defamation.

Under the General Data Protection Regulation (GDPR) 2018, individuals have the right to request to see references written about them by their current or past employer. This should be taken into account when you are writing references.

Template 8.1 – Letter giving a reference

Telephone or verbal references Although requests for telephone or verbal references are frequently received, such requests should be declined other than in exceptional circumstances, as information given in this way may be misinterpreted in its transmission.

If, exceptionally, a verbal reference is given, steps should be firstly taken to identify the enquirer. It is also a good idea to make notes of the content of the conversation.

Note: Where a verbal reference is given, the person giving the reference should not make any statements that he or she would not be willing to make in writing.

Disciplinary sanction/criminal convictions Care should be taken when the area of disciplinary sanctions are the subject of a reference. If disciplinary sanctions have been taken against the subject of the reference, or if his or her performance is under formal review, you should disclose only those warnings which remain current on file. In doing so, you should state which rule has been breached, the level of penalty imposed and the date when the warning will expire.

Where an employee has been dismissed as a result of disciplinary action, the employment reference should be purely factual, stating the dates of employment, the capacity in which the individual was employed, and the date and reason for dismissal. If there is an outstanding appeal, this should be stated.

Care should also be taken not to refer to spent criminal convictions in references.

Unsolicited references It is generally inadvisable to provide unsolicited references addressed ‘to whom it may concern’. If you do provide such references, ensure that the reference is limited only to factual statements, such as the individual’s dates of employment, sickness record and the capacity in which he or she was employed.

34

Restrictive covenants The business relationship between you, as an employer, and any one of your employees is built on trust. You trust your employees to get on with the jobs they are employed to do in accordance with the rules that you set and in an efficient manner. In return, the employee trusts that you will provide him or her with reasonable working conditions and that you will pay him or her the salary and other benefits that you have agreed at the outset of the employment.

The law imposes certain obligations upon you, as an employer, and one of these, as set out in section 1 of the Employment Rights Act 1996, is that you will provide your employee with a statement of his or her main terms and conditions of employment.

However, in any relationship, you have to guard against that relationship coming to an end, which is why there are notice periods for each party, and disciplinary procedures in the event that there is a breach of your rules.

The law also makes provision for redundancy as a reason for termination in the event that the business is affected by a shortage of work and is unable to maintain full employment for all.

In situations where employees are leaving, whether through resignation or otherwise, it is often necessary to protect the business against disclosure or use of its trade secrets, manufacturing processes, details of the services provided and their costs, customer lists, details of suppliers and so on.

For this reason, it is essential to build into the terms and conditions of employment a clause which protects the business in the event that an employee leaves. Such a clause is known as a restrictive covenant or post termination restriction.

A restrictive covenant/post termination restriction in the terms and conditions or contract of employment sets out the employee’s obligations to the employer, not only during employment but also after employment has ended.

During employment, the law implies a duty of fidelity from the employee to the employer, which protects employers against breaches of confidence and activities that could amount to harmful competition on the part of employees.

Once employment has ended, the law does allow that an employer is entitled to continued protection for his or her business and, therefore, the implied duty of fidelity survives after the employment has ended.

35

The key to the successful enforcement of a restrictive covenant/post termination restriction is in its reasonableness. Restricting your employee from taking up additional work or a second job that is, or is likely to be, in competition with your own business during his or her employment with you is certainly reasonable. Where the additional work or second job is not in competition, a restrictive covenant/post termination restriction is not appropriate.

When employment has ended, it can be reasonable to put a restriction on an employee using your trade secrets elsewhere, or going to work for a competitor, sometimes within a specific radius of your premises. Restricting the employee from soliciting customers or suppliers, or making use of information that he or she has only obtained whilst working for you, would also be considered reasonable.

It is also reasonable to prevent your employee from ‘poaching’ your existing staff by inviting them to leave your employment.

Similarly, it is reasonable to protect the genuinely confidential information your ex-employee has obtained during employment with you. This information must be genuinely confidential because, if it is in the public domain, the clause will be ineffective.

It is usual to put a timescale on the effect of the covenant, and the length of that timescale has to be reasonable. For example, to restrict someone from working, say, in a hairdressers for a period of 12 months would normally be unreasonable, whereas 12 months might not be unreasonable if the type of business you operate is fairly exclusive and your competitors are few and far between.

Restrictive covenants/post termination restrictions are usually in force for a period of between three and six months, or even up to 12 months depending on the sector/ industry which has been regularly held by the courts to be reasonable.

Template 2.1 – Statement of terms and conditions of employment (contract of employment)

Final pay/records Salary and pay records Once your employee leaves your employment, you need to ensure that he or she receives all monies owed to him or her, including any outstanding expenses incurred just prior to his or her departure.

36

You need to retain records of pay for three years by law from the end of the tax year they relate to. These may be required at a later date by HMRC or the Department of Work and Pensions (DWP).

Personnel records Under the General Data Protection Regulation (GDPR) 2018, personal information should not be retained ‘for longer than is necessary’.

Upon your employee’s departure, you should review the information in his or her personnel record, retaining only that which is relevant. Documentation must be securely disposed of, for example by shredding.

Note: An ex-employee can make a claim for redundancy pay after the dismissal in some circumstances. Similarly, injuries or medical conditions arising from employment with you may not become evident until later in an ex-employee’s life, meaning that insurance claims for these can sometimes be received many years later.

Garden leave ‘Garden leave’ is the term given to a situation whereby an employee is required to serve out a period of notice at home. During this period, the employee continues to receive all salary and benefits, but is prohibited from commencing employment with a new employer until the period of garden leave has expired.

It is a practice that employers often adopt with employees who have a certain status whereby they have access to confidential information or customers, and where they are leaving to join a competitor. During the period of garden leave, the employee’s access to such information or customers is either restricted or denied.

Note: You cannot enforce a period of garden leave if you do not explicitly state this as your policy in your contract of employment.

37

Templates The following templates are to help and guide you through the dismissal and redundancy process.

The templates are written to suit as many businesses as possible, but you will need to adapt them for your business. Read through the template carefully, making sure it is applicable. Each template features a number of bracketed parts which you need to fill in, and some contain options for you to delete as appropriate.

If you have any queries, please call the Forum’s member helpline on 01565 626056.

39

Template 7.1 – Redundancy selection – specific criteria To be used in conjunction with Redundancy Selection Criteria Form (Template 7.2) 1. SKILL LEVEL FOR THE JOB Level

Criteria

Rating

Highly skilled or expert

An individual whose skills match or exceed the requirements for the job

4

Average skills

An individual whose skills are adequate for the performance of his or her job

3

Basic skills

An individual who has acquired the basic skills for the job, but still requires development

2

Limited skills

An individual who has limited skills within the department

1

2. QUALITY Standard

Criteria

High

An individual who consistently produces accurate work and makes no mistakes

Rating 4

Good

An individual who produces good quality and accurate work on most occasions, with few mistakes

3

Poor

An individual who is inconsistent and, as a result, provides varying quality of work with varying numbers of mistakes

2

Unacceptable

Quality of work is unacceptable, with mistakes constantly being made

1

3. JOB KNOWLEDGE Knowledge

Criteria

Rating

Exceptional

An individual who knows every job within the department and the requirements for each job and needs no guidance

4

Good

As above, but has more experience in some areas than others and needs minimum guidance

3

Adequate

An individual who constantly requires guidance and supervision, although he or she is conversant with most jobs, and needs more guidance in some areas than others

2

Inadequate

An individual who is new to the job and requires training or an individual who has received adequate training but still needs constant guidance

1

4. FLEXIBILITY Flexibility

Criteria

Very flexible

An individual who is capable of carrying out every job within the department and can cope with more than one task simultaneously

Rating 4

Flexible

An individual who is capable of carrying out 75% of tasks within the department

3

Adequate

An individual who is capable of working on 50% of tasks within the department – one task area only

2

Limited

An individual who is only capable of carrying out one task at a time – task-specific

1

41

5. POTENTIAL Potential

Criteria

High

An individual who is an all-rounder, knows all the jobs and has good management skills, with potential to progress to the next level

Rating 4

Will develop

Capable of the majority of tasks within the department, but requires further development in some areas. Capable of development

3

Satisfactory

An individual who is conversant with tasks within the department, but shows limited desire to progress

2

Limited

An individual who is willing to comply with one task and one task only, and is happy doing the one job

1

6. ATTENDANCE RECORD The period under review will be the 24-month period prior to the date on which redundancies are announced. Employees with fewer than 2 years’ service should have their absences calculated pro rata. For example, where there have been 6 absences in 2 years, the 1 year equivalent would equal 3 absences. In this case, the rating would be 2. To get an accurate result, convert to weeks, where 1 year = 52 weeks. Fractions should be rounded as follows; for example round 2.4 down to 2, round 2.5 up to 3. Attendance record to be calculated on the number of occurrences in the period. Note: Be careful not to include any disability-related absence or pregnancy-related absence, etc. when scoring on attendance.

Criteria

Rating

0–2 absences

4

3–4 absences

3

5–6 absences

2

7+ absences

1

7. TIMEKEEPING The period under review will be the 24-month period prior to the date on which redundancies are announced. Employees with fewer than 2 years’ service should have their latenesses calculated pro rata. See example under 6 above. Note: Be careful not to include any disabilityrelated lateness or pregnancy-related lateness, etc. when scoring on timekeeping.

Criteria

Rating

0–3 instances of lateness

4

4–6 instances of lateness

3

7–9 instances of lateness

2

10+ instances of lateness

1

8. SERVICE Years

Criteria

21+ years

Self-explanatory

4

14–20 years

Self-explanatory

3

7–13 years

Self-explanatory

2

0–6 years

Self-explanatory

1

This template is for reference purposes only.

42

Rating

Template 7.2 – Redundancy selection criteria form Name: ................................................................................

Department: ..............................................................

Job title: ...............................................................................................................................................................................

OUTLINE MAIN DUTIES OF THE JOB

Once you have completed Sections 1 to 8 in template 7.1, copy the employee’s scores into the totals box and add them up.

To achieve the total score for an employee, each of the criteria is weighted by a factor of one to three to reflect its relative importance. The weighting takes into account the company’s requirements to meet its primary business needs and targets, as well as the need to maintain a balanced workforce.

Criteria Circle the appropriate rating and add comments as appropriate.

1. SKILL LEVEL FOR THE JOB

Level

Rating

Highly skilled or expert

4

Average skills

3

Basic skills

2

Limited skills

1

Comments

2. QUALITY

Standard

Rating

High

4

Good

3

Poor

2

Unacceptable

1

Comments

43

3. JOB KNOWLEDGE

Knowledge

Rating

Exceptional

4

Good

3

Adequate

2

Inadequate

1

Comments

4. FLEXIBILITY

Flexibility

Rating

Very flexible

4

Flexible

3

Adequate

2

Limited

1

Comments

5. POTENTIAL

Potential

Rating

High

4

Will develop

3

Satisfactory

2

Limited

1

Comments

6. ATTENDANCE RECORD (Note: Be careful not to include any disability-related lateness or pregnancy-related lateness, etc. when scoring on timekeeping.)

Criteria

Rating

0–2 absences

4

3–4 absences

3

5–6 absences

2

7+ absences

1

Comments

7. TIMEKEEPING (Note: Be careful not to include any disability-related lateness or pregnancy-related lateness, etc. when scoring on timekeeping.)

Criteria

44

Rating

0–3 instances of lateness

4

4–6 instances of lateness

3

7–9 instances of lateness

2

10+ instances of lateness

1

Comments

8. SERVICE

Years

Rating

21+ years

4

14–20 years

3

7–13 years

2

0–6 years

1

Comments

Supervisor signature: ................................................................

Date: .....................................................

Manager signature: ....................................................................

Date: .....................................................

Personnel use only – Weighting CRITERIA RATING

X FACTOR

1. Skill level for the job

[insert rating]

2. Quality of work

[insert rating]

3. Job knowledge

[insert rating]

4. Flexibility

[insert rating]

5. Potential

[insert rating]

6. Attendance Record

[insert rating]

7. Timekeeping

[insert rating]

8. Service

[insert rating]

Signed: ........................................................................................

OVERALL ASSESSMENT RATING

Date: ..........................................................

This template is for reference purposes only.

45

Template 7.3 – Letter notifying workforce/individual of redundancy situation – fewer than 20 employees [Insert employee’s name and address] [Insert date]

Dear [insert name], As you are probably aware, the company has recently introduced a new system for [insert details]/ been experiencing a period of difficult trading/lost a large contract/other reason* and in order to maintain our levels of profitability/ensure the future of the business/other aim* we will have to review our processes and staffing levels.

Unfortunately this may mean that we need to make some positions redundant, and we regret to inform you that your role has been declared as being at risk of redundancy.

We intend to consult fully with all staff during this difficult period, and accordingly we invite you to a meeting on [insert date] at [insert time] at [insert location].

You are entitled to be accompanied to the meeting by a work colleague or an accredited trade union representative.

During the meeting we will consider together whether there are any alternatives to redundancy, such as (but not exclusively) short-time working, lay-off, job sharing or transfer to another role within the company. You will also be advised of the selection process that the company intends to use should more than one person in your department be involved in the redundancy process.

At the conclusion of this first meeting you will be advised of the date, time and location of the next consultation meeting. It is expected that this consultancy process will take no longer than [insert number of weeks OR days, for example - two weeks].

We would appreciate any input you may have. We will also explain to you how the situation has arisen and answer any questions you may have. Please let me know as soon as possible if you are unable to attend.

Yours sincerely,

[Insert your name] [Insert your job title] For and on behalf of [Insert company name] Note: This letter should be printed on your company’s letterhead.

This template is for reference purposes only.

46

Template 7.4 – Letter notifying workforce/individual of redundancy – voluntary redundancy [Insert employee’s name and address] [Insert date] Dear [insert name], As you are probably aware, the company has recently introduced a new system for [insert details]/ been experiencing a period of difficult trading/lost a large contract/other reason* and in order to [maintain our levels of profitability/ensure the future of the business/other aim* we will have to review our processes and staffing levels.

This process may involve making some roles redundant. As the following roles/departments have been identified as areas where redundancies may be required, the management are at this time considering applications for voluntary redundancies.

[Insert role/department] Should you wish to be considered for redundancy please contact [insert name] so that we may formally consider your application and advise you of the redundancy payment and notice that you are entitled to receive. Please note however that the company is not obliged to accept your, or any, application for voluntary redundancy.

Applications for voluntary redundancy must be received by [insert date], after which time the compulsory redundancy process may be commenced.

Yours sincerely, [Insert your name] [Insert your job title] For and on behalf of [Insert company name] Note: This letter should be printed on your company’s letterhead.

*Please delete as appropriate.

This template is for reference purposes only.

47

Template 7.5 – Letter accepting application for voluntary redundancy [Insert employee’s name and address] [Insert date] Dear [insert name], Thank you for your application for voluntary redundancy. The board of directors/management* has considered your application at a meeting on [insert date] and I can confirm that your application was accepted.

You are hereby given notice of redundancy dismissal. Your last day of employment will be [insert date].

As you have [insert number of years] years’ service with [insert company name], you will/will not* be entitled to redundancy pay.

Your redundancy payment has been calculated using the government ready reckoner and equates to [insert redundancy pay figure].

Redundancy pay will not be subject to income tax or National Insurance contributions**.

This will be paid by cheque/BACS* in the usual manner on [insert date].

You will receive on [insert date], paid into your bank account in the normal way, any holiday pay or salary payments owing to you, which will have income tax and national insurance contributions deducted.

As stipulated in your contract of employment, you are required to work [insert number] weeks’ notice. As you have/have not* worked for the company for more than 2 years, you are/are not* entitled to reasonable time off with pay during your notice period to look for another job or make arrangements for training for future employment.

You have [insert number] days’ holiday outstanding and, in accordance with your contract, you are required to take [insert number] days during your notice period.

If there are any matters you would like to discuss with regard to your voluntary redundancy, please do not hesitate to get in touch with me.

The board of directors/management* would like to wish you well for the future and to thank you for the contribution you have made during your employment.

Yours sincerely, [Insert your name] [Insert your job title] For and on behalf of [Insert company name] Note: This letter should be printed on your company’s letterhead.

*Please delete as appropriate. **Redundancy payments are only subject to NICs if they exceed £30,000.

This template is for reference purposes only.

48

Template 7.6 – Letter rejecting application for voluntary redundancy [Insert employee’s name and address] [Insert date]

Dear [insert name], Thank you for your application for voluntary redundancy. The board of directors/ management* has considered your application at a meeting on [insert date] but I am sorry to have to tell you that your application was rejected.

It was felt that your skills and experience are essential to ensuring the remaining workforce is appropriate to the organisation’s future operating needs.

If you wish to appeal against this decision, you should write to [insert name and job title] as soon as possible, and in any case no later than [insert date].

If there are any matters you would like to discuss informally with regard to this, please do not hesitate to get in touch with me.

Yours sincerely,

[Insert your name] [Insert your job title] For and on behalf of [Insert company name] Note: This letter should be printed on your company’s letterhead.

*Please delete as appropriate.

This template is for reference purposes only.

49

Template 7.7 – Letter confirming redundancy situation selection procedure (more than 20 employees affected) [Insert employee’s name and address] [Insert date]

Dear [insert name], As there are 20 or more employees affected by this redundancy, including those who will not be going, we sought to elect a group/representative for the purpose of consulting about the redundancy at the earliest opportunity.

We consulted the elected group regarding the redundancies and reached and agreed the method for selecting the matrix. This enabled us to objectively and fairly select a pool from which those who will be made redundant will be selected.

The criteria we will be using when selecting individuals for redundancy will reflect the ongoing and future work needs of the company. You/your* department were/was* included in the redundancy selection pool as part of this process and your job role has been identified as being ‘at risk’.

The next stage of the redundancy procedure will involve assessing ‘at risk’ individuals to allocate a score based on identified selection criteria. The criteria are explained in detail in the enclosed document [include Redundancy Selection – Specific Criteria form].

The selection criteria are summarised as: • Skill level for the job

• Potential

• Quality of work

• Attendance record

• Job knowledge

• Timekeeping.

If your job role is identified as one of those potentially redundant, the company will begin a consultation process with you, and will make every effort to identify alternatives to redundancy including employment elsewhere in the company if this is possible. Note that if you unreasonably refuse an offer we consider suitable, you may lose entitlement to statutory redundancy payments.

If you accept an offer of suitable alternative work, you have the right to a four-week trial. You also remain entitled to statutory redundancy compensation if either you or the company decides it is unsuccessful. The period may be extended for any necessary training.

Once you have been allocated a score against the selection procedure, you will be invited to a formal meeting.

(continued) This template is for reference purposes only.

50

The board of directors/management* fully appreciate that the prospect of redundancies is an unsettling and difficult time for everyone, but we ask that you continue to work normally and give support to your colleagues.

Yours sincerely,

[Insert your name] [Insert your job title] For and on behalf of [Insert company name] Note: This letter should be printed on your company’s letterhead.

*Please delete as appropriate.

This template is for reference purposes only.

51

Template 7.8 – Letter asking employee to attend redundancy dismissal meeting [Insert employee’s name and address] [Insert date]

Dear [insert name], Further to the discussions that we have been having recently in relation to the redundancy consultation, I am inviting you to a formal meeting to be held at [insert location] on [insert date and time].

The purpose of the meeting is to continue with the consultation that we have been having, regarding your position being placed at risk of redundancy.

As you are aware, we have been consulting since [insert date] and during that time we have considered the position carefully, together with any proposals that you may have made. We have also been looking at potential alternative positions within the company. During the meeting you will be shown the results of the scoring the company has awarded you against the selection procedure [delete if there is only one person in the selection process].

The meeting will be conducted by [insert name and position].

You are entitled, if you wish, to be accompanied at this meeting by a fellow work colleague or an accredited trade union official of your choice. I would be grateful if you would notify me prior to the meeting if you propose to be accompanied and, if so, by whom.

If you require any assistance or further advice, please contact me.

Yours sincerely,

[Insert your name] [Insert your job title] For and on behalf of [Insert company name] Note: This letter should be printed on your company’s letterhead.

This template is for reference purposes only.

52

Template 7.9 – Letter confirming redundancy dismissal [Insert employee’s name and address] [Insert date] Dear [insert name], Following the meeting held on [insert date], I confirm that you have been selected for redundancy and you are hereby given notice of redundancy dismissal. You will leave the company on [insert date]. As you know, the company has explored ways in which your redundancy could be avoided, and the possibility of alternative employment. Unfortunately, we have not been able to identify any suitable alternative employment for you or any way in which your redundancy could be avoided.

As you have [insert number of years] years’ service with [insert company name], you will/will not* be entitled to redundancy pay.

Your redundancy payment has been calculated using the government ready reckoner and equates to [insert redundancy pay figure].

This will be paid by cheque/BACS* in the usual manner on [insert date].

You will receive on [insert date], paid into your bank account in the normal way, any holiday pay or salary payments owing to you, which will have income tax and National Insurance contributions deducted. Redundancy pay will not be subject to income tax or National Insurance contributions**.

You will/will not*** be required to work out the notice period stipulated in your contract of employment. You will instead be paid in lieu of the notice period. Your notice pay will be [insert amount and how it has been calculated]. This will be paid by cheque/BACS* in the usual manner on [insert date].

[Insert any or all of the following paragraphs where relevant.]

As a member of the company pension scheme, you will receive details in due course of the options available to you.

As you are currently away from work on sick leave, I will be issuing you with Form SSP 1 which you should present to the local office of the Department for Works and Pensions as soon as you are able, in order that sickness benefit payments can be continued.

You are advised that you should register as unemployed at your local Job Centre as soon after the date of leaving as possible, in order that you do not lose any entitlement to benefit.

(continued) This template is for reference purposes only.

53

Where you are working your notice, you will be entitled to take reasonable paid leave of absence from work to attend interviews for other employment or to seek other employment.

You should obtain formal permission for the time required from [insert name].

You have the right of appeal against the decision to dismiss you on the grounds of redundancy. If you wish to appeal, please contact [insert name] no later than [insert date].

If there are any matters you would like to discuss informally, please do not hesitate to get in touch with me.

Yours sincerely,

[Insert your name] [Insert your job title] For and on behalf of [Insert company name] Note: This letter should be printed on your company’s letterhead.

*Please delete as appropriate. **Redundancy payments are only subject to tax if they exceed £30,000. ***If you require the employee to work his or her notice period, you should specify any conditions such as entitlement to reasonable time off with pay during to look for another job/make arrangements for training or entitlement to holiday.

This template is for reference purposes only.

54

Template 7.10 – Letter notifying employee of redundancy appeal hearing [Insert employee’s name and address] [Insert date]

Dear [insert name], In response to your letter dated [insert date], I acknowledge that you wish to appeal against the redundancy decision notified to you on [insert date].

I write to inform you that the appeal hearing will be held at [insert time] on [insert date] at [insert location]. Enclosed you will find copies of the relevant documents for use at the appeal.

During the appeal hearing, [insert name and job title] will present the case for the dismissal by reason of redundancy. You will have an opportunity to present any information you feel is relevant to your appeal. If you wish to do this, please send the documents to me as soon as possible.

You have the right to be accompanied to the meeting by a fellow employee or trade union representative. Please advise me if you do wish to be accompanied and, if so, by whom.

Please confirm that you will be attending the hearing at the place and time stated above. If for any unavoidable reason you are unable to attend, please contact me as soon as possible.

Yours sincerely,

[Insert your name] [Insert your job title] For and on behalf of [Insert company name] Note: This letter should be printed on your company’s letterhead.

This template is for reference purposes only.

55

Template 7.11 – Letter accepting appeal against redundancy [Insert employee’s name and address] [Insert date]

Dear [insert name], I write following a meeting held on [insert date] at which you presented your case against the decision that you be dismissed for redundancy.

We acknowledge that you did/did not* exercise your right to be accompanied by a companion.

The board of directors/management* considered your appeal and the evidence you presented at this meeting. I am pleased to be able to tell you that your appeal was successful.

Please take this letter as confirmation that your role is not redundant.

You may return to work on [insert date] as normal. The terms and conditions of your employment remain unchanged.

We can confirm that you will receive salary payment from [date of dismissal] to [date of reinstatement]. We fully appreciate that the redundancy procedure is an unsettling and difficult time, and we apologise for the stress and disruption this has inevitably caused.

If you need further assistance on this matter, please do not hesitate to contact me.

Yours sincerely,

[Insert your name] [Insert your job title] For and on behalf of [Insert company name] Note: This letter should be printed on your company’s letterhead.

*Please delete as appropriate.

This template is for reference purposes only.

56

Template 7.12 – Letter rejecting appeal against redundancy [Insert employee’s name and address] [Insert date]

Dear [insert name],

Following the appeal meeting held on [insert date] and attended by [insert attendees], I regret to have to inform you that it has been decided to confirm your dismissal by reason of redundancy.

We acknowledge that you did/did not* exercise your right to be accompanied by a companion at the appeal meeting.

The reasons for our decision are [insert reasons].

The board of directors/management* much regrets having to make this decision. They are very appreciative of the work you have done during your employment with the company and are sorry that your services have to be terminated in this way.

This decision is now final and as such there are no further internal stages of appeal under the [insert document name, e.g. redundancy procedure].

Yours sincerely, [Insert your name] [Insert your job title] For and on behalf of [Insert company name] Note: This letter should be printed on your company’s letterhead.

*Please delete as appropriate.

This template is for reference purposes only.

57

Template 7.13 – Lay-off notification and acceptance letter This letter should be used after a consultation meeting with staff confirming the need to place them on layoff for a period of time. This letter can also be used as a way of gaining their acceptance. If using for acceptance of the change to their contract, please print 2 copies, sign both and ask the employee to sign both, giving one copy back to you.

[Insert employee’s name and address] [Insert date] Dear [insert name], Re: Notice of lay-off from work Following our meeting on [date of consultation meeting] I am writing to inform you that, due to current circumstances [reason for lay-off], it has become necessary to lay you off work for a temporary period of time.

It is expected that the time you are to be laid off from work will be [duration of lay-off].

EITHER During this time you will be entitled to receive your normal pay.

OR During this time you will not be entitled to receive your normal pay. If applicable you will be entitled to receive Statutory Guaranteed Payments. You may also be entitled to receive other benefits during this time and we would encourage you to make enquiries with your local Job Centre.

The company fully appreciates your support during this time and we will keep you updated on a [daily/weekly] basis as to the current situation.

To accept this change to your contract of employment please sign both copies of this document and return one to [name of person] by [date].

Yours sincerely,

[Insert name] [Insert position] For and on behalf of [Insert company name]

I have read and understood the proposed changes in working hours [and pay]. I agree to these changes being incorporated into my contract of employment.

Signed: ........................................................................................

Date: .......................................................

Note: This letter should be printed on your company’s letterhead.

This template is for reference purposes only.

58

Template 7.14 – Short-time working notification & acceptance letter This letter should be used after a consultation meeting with staff confirming the need to place them on short-time working for a period of time. This letter can also be used as a way of gaining their acceptance.

If using for acceptance of the change to their contract, please print two copies, sign both and ask the employee to sign both, giving one copy back to you.

[Insert employee’s name and address] [Insert date] Dear [insert name], Re: Notice of short-time working Following our meeting on [date of consultation meeting], I am writing to inform you that, due to current circumstances [reason for short-time working], it has become necessary to place you on a short-time working pattern.

With effect from today [insert date] you will be working the following reduced working pattern: [Insert new working pattern e.g. You will be working 4 days per week/You will be working 9am to 3pm Monday to Thursday/You will work 25 hours per week] After consulting with you on this matter, you have agreed to being temporarily placed on short-time working.

Whilst [you are on short-time working you will be paid at your normal hourly rate for the reduced hoursdetailed above OR you will be paid your normal salary calculated on a prorata basis for the hours detailed above].

The company fully appreciates your support during this time and we will keep you updated on a [daily/weekly] basis as to the current situation.

Finally, to record your acceptance and agreement that [insert organisation name] will place you on short time working as set out above, please sign both copies of this document and return one to [insert name or department] by [insert date].

Thank you for all your hard work and support for [insert company name].

Yours sincerely, (continued)

This template is for reference purposes only.

59

[Insert name] [Insert position] For and on behalf of [Insert company name] I have read and understood the proposed changes in working hours [and pay]. I agree to these changes being incorporated into my contract of employment.

Signed: ........................................................................................ Date: .........................................................

Note: This letter should be printed on your company’s letterhead.

This template is for reference purposes only.

60

Template 8.1 – Letter giving a reference [Insert employee’s name and address] [Insert date]

Dear [insert name], Re: [insert (ex-)employee’s name] [Insert (ex)-employee’s name] was employed by [insert company name] from [insert start date] to [insert end date].

During that time, he/she* was employed as a/an* [insert job title] and was paid £[insert salary] per week/month/year*.

[Insert details on conduct, timekeeping and attendance, attitude, co-operation, work ability and dependability, trustworthiness, honesty and colleague relationships] His/her* reason for leaving was [insert reason].

[Insert whether you would you re-employ. If not, why not?]

[Insert any other information you believe the company should be aware of when offering the role of [job title]

Yours sincerely,

[Insert your name] [Insert your job title] For and on behalf of [Insert company name] Note: This letter should be printed on your company’s letterhead.

*Please delete as appropriate.

This template is for reference purposes only.

61

Template 2.1 – Statement of terms and conditions of employment (contract of employment) You should issue this document to employees within two months of them commencing employment. It should be accompanied by your disciplinary and grievance policies, and any other policy statements you have.

In accordance with the requirements of the Employment Rights Act 1996, this statement describes the main terms and conditions of your employment with [insert company name].

1. Employer Name: [insert employer’s name] Address: [insert employer’s address] Postcode: [insert employer’s postcode] Telephone number: [insert company telephone number] Registered office: [insert registered office, if different from address] 2. Employee Name: [insert employee’s name] Address: [insert employee’s contact address] Postcode: [insert employee’s postcode] Telephone number: [insert employee’s contact telephone number] Payroll number: [insert employee’s payroll number] 3. Date of commencement of employment Your employment with [insert company name] began on [insert start date].

No previous employment counts as continuous employment with this or any associated employer.

Or Your period of employment with us [will start OR started] on [insert date] and your employment with [insert name of previous employer] counts as part of your period of continuous employment with the employer.

4. Probationary period (new employees only) The first [insert number] weeks of your employment will be probationary. [Please set out any conditions that must be met for the probationary period to be passed.]

The probationary period is the initial period of your employment, during which time both you and the company assess the suitability of the arrangement.

Your manager will monitor and regularly assess your performance, discussing his or her assessment with you. This review will cover any training you are receiving, your conduct, attitude and standard of work performance.

If the manager has any concerns with any of these areas, he or she will agree with you the appropriate corrective action, which may include further training, retraining, redirection and/or an extension of your probationary period or termination of your employment.

This template is for reference purposes only.

62

5. Job title You are employed as [insert job title].

The company reserves the right to make changes to the job title/job description and duties to be undertaken from time to time.

However, when it is considered necessary or appropriate by management you may be required to carry out any other duties considered within your skill and competence to assist the smooth running of the business.

6. Place of work Your normal place of work will be [insert address/location] but you may be required to perform your duties in such other place or places as the company may reasonably require from time to time.

7. Remuneration Your salary is as detailed in your letter of appointment, as revised from time to time. You are paid on the basis of a week of five days, Monday to Friday [amend if necessary]. Payment for individual days are pro rata for any part thereof. This also applies to any days agreed as holidays. You will be paid [weekly/monthly] in arrears by [cash/cheque/BACS] on the last day of each [week/month]. Your pay advice will show your basic rate of pay, any statutory or voluntary deductions and the amount of your net pay. If you have any specific queries about your pay, these should be raised with your manager.

You authorise us to deduct any sums you owe to us at any time (to include, without limitation, the balance of any season ticket loan, salary, and repayment of pay for holiday taken in excess of your accrued entitlement) from your salary and/or from any other sums due to you under this contract (to include, without limitation, any payment in lieu of notice, [bonus], holiday pay or sick pay), at any time during your employment and/or when it ends.

8. Other benefits You are eligible for: i.

Life assurance which, if you die while employed under this contract, will pay to your chosen dependants a sum equal to [specify number] times your salary.

ii.

Private medical expenses insurance for you [and your spouse or civil partner] [and your children (if any) under the age of 18 years] with any insurer we may choose from time to time.

and* iii. [Accident insurance covering you personally.]

You are also eligible for permanent health insurance cover. However, if any claim made in respect of you under such scheme is accepted in whole or in part, we will, with immediate effect from such acceptance (but only to the extent that it does not prejudice your entitlement under the scheme): i.

No longer be under any obligation to pay you any salary or other amounts payable under this contract or to provide any contractual or other benefits to you.

ii.

Be entitled to suspend you from all or any of your duties and appoint a successor to perform all or any such duties instead of you.

[OR/and]* iii. Be entitled to terminate any office or appointment which you hold in our organisation, or on our behalf.

[Your eligibility for benefits and/or cover under any scheme referred to in the whole of this clause is subject always to the terms and conditions of such scheme from time to time in force and to us being able to

This template is for reference purposes only.

63

secure cover at what we at our absolute discretion consider to be reasonable and standard rates. We have no obligation whatsoever to assist you in relation to any pending or potential claim at any time or to pursue a claim on your behalf. We may change insurer, alter the level of cover, and/or replace or remove any scheme at any time at our sole discretion. A copy of the prevailing policy document for any scheme referred to in this clause is available from [[Insert title] OR the Human Resources department].]

OR [You are also eligible for certain other benefits, as set out in our benefits policy, as amended from time to time, subject to you complying with any qualifying conditions and other requirements. Our benefits policy is available from [the HR department].]

OR [You are not entitled to any benefits other than those set out in this contract.]

9. Working hours Your basic hours of work (exclusive of lunch breaks) are [9am–5pm/variable according to the shift patterns; however, you will be notified of your shifts in advance]. Your specific hours of work and details of meal breaks will be as defined by your manager in accordance with operational requirements. Employees are expected to be co-operative in working outside their normal hours, as necessary, to cope with varying situations and workloads.

[OPTION 1—WILL VARY HOURS/DAYS REGULARLY:] Your [days of work and] hours of work are variable. [Insert details of how the employee’s days of work and/or hours vary or how this variation is determined, such as ‘The days and/or hours you are required to work are determined by your manager [to reflect business needs] and details will be set out in the weekly/ monthly roster for your team which is usually circulated one week before it comes into effect.]

OR [OPTION 2—WILL VARY HOURS/DAYS INFREQUENTLY:] [Although your normal days and hours of work do not vary on a regular basis, OR In addition to a variable working pattern] we may [ask you to] vary your days and/or hours of work or the pattern of your normal hours from time to time, as we consider necessary to meet the needs of the business. [This will usually be on a temporary basis only and with advance notice. If business need requires a permanent variation to your hours and/or days of work, we will seek your agreement and any variation will be implemented only after a period of consultation with you.]

10. Layoff or short-time working In the event of any disruption to our business and/or any diminution in our requirements for work of the kind you are employed to do, we reserve the right to lay you off without pay for up to [insert number] days in any period of [12] months, and/or to reduce your working hours with a proportionate reduction in contractual pay for such period as we consider appropriate.

11. Overtime Overtime may be necessary from time to time and you will be expected to co-operate when requested to undertake it. Overtime is calculated after you have completed your normal working hours and will be paid at [the current basic rate].

12. Timekeeping All employees are required to have a responsible attitude towards timekeeping. You will be expected to be ready to start work at the commencement of your normal working day. Persistent lateness will render you liable to disciplinary action, which could lead to dismissal.

This template is for reference purposes only.

64

13. Holidays The holiday year runs from [insert date] to [insert date]. The statutory minimum holiday entitlement is 28 days, inclusive of bank holidays. Your full annual entitlement is [insert number of days] holiday inclusive/ exclusive* of bank holidays. Part-time employees are entitled to holiday on a pro-rata basis.

Holiday entitlement may not be carried forward to the next year. All holidays must be arranged at times to be agreed with the company. No more than two weeks’ holiday entitlement may be taken at any one time, except in exceptional circumstances.

Where a recognised public holiday falls on a Saturday or a Sunday, alternative dates will be substituted for these. You will be advised of these as early as possible. In the case of your unscheduled absence from work on days either immediately preceding or following a bank holiday, payment for that holiday day or days will be entirely subject to the company’s discretion after a full investigation process has been concluded.

If, for whatever reason, the government moves a statutory holiday, resulting in a change to the date upon which a statutory holiday falls, the company has absolute discretion in respect of which day shall be allocated as a holiday.

On termination of employment, holiday entitlement will be calculated to the last date worked. If you have already taken holidays which have not been worked for, any excess holiday paid for will be deducted from the final salary.

14. Sickness absence and pay You will be entitled to [company sick pay in addition to] statutory sick pay (SSP) during any unavoidable absence through sickness or accident, providing you follow the notification and certification procedure for SSP as follows. i.

Notification of absence If you are unable to attend work for any reason whatsoever, you must inform your manager no later than [insert time] on the first day of absence as to the reason for the absence and, if possible, advise of the date when you hope to return to work. If you are late in notifying sickness absence or fail to notify the company at all, you may lose all or part of your sick pay and, in addition, this may render you subject to disciplinary action. Unauthorised absence will not be paid. If you are absent through sickness for longer than one day, you must telephone your manager on the third day to give him or her further information regarding your condition and the date you expect to return.

ii.

Evidence of incapacity for work Doctors’ certificates are not issued for short-term illnesses. If you are ill for seven days or fewer, you should report to your manager on your return and explain in full the reasons for your absence. You will be required to complete a self-certification form.

If your sickness absence continues for eight days or more, you should obtain a medical certificate from your doctor and forward it without delay to the company. Further certificates should be submitted each week for as long as the illness lasts.

You are required to make regular weekly telephone contact with your manager to give him or her up-to-date information regarding your state of health, treatment plan and anticipated return. This is in addition to the timely submission of medical certificates for sick pay purposes, as required above. Upon your return to work, you will be required to complete a self-certification form and submit this to your manager. Failure to comply with this rule will automatically render you ineligible for any sick pay and may result in disciplinary action.

The company reserves the right to require medical certificates to be submitted at more frequent intervals.

This template is for reference purposes only.

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In the case of more than two periods of self-certified absence in any calendar year, the company reserves the right to request medical evidence before subsequent periods of absence of seven days or fewer are paid. In addition, the company reserves the right to require you to attend a medical examination with the company’s doctor as and when it deems necessary. This may be a requirement where there is concern about the nature and duration or frequency of your illness, and the implications for the business and your capability to perform your job.

Where you are absent from work because of an injury caused by a third party, any sick pay paid to you is by way of a loan and must be repaid from the damages you recover from the third party where such damages are paid by order of any court or compromise or settlement of the action.

15. Other absences from work Appointments with the doctor or dentist should, as far as possible, be made outside working hours. Where an appointment can only be made within working hours, permission must be obtained in advance from your manager [such time must be taken at the beginning or end of the working day/will be unpaid/must be made up prior to/after the time taken/must be taken as holiday]. In respect of hospital appointments which occur during working hours, you will not be required to take a half-day’s holiday, but the time taken to attend such appointments will be unpaid.

Absence for any reasons other than authorised holiday leave (with or without pay) or genuine sickness absence will be treated as unauthorised absence by the company and may result in disciplinary action and non-payment of salary for the period of unauthorised absence, except in exceptional circumstances and with the written authorisation of a director/senior manager.

16. Other paid leave You are eligible for other paid leave, including maternity leave, adoption leave, paternity leave, parental leave, shared parental leave, [sabbatical leave,] dependants leave, [compassionate leave,] bereavement leave, [training and study leave] [and] [leave for public duties], in accordance with our current [policies OR benefits policy], as amended from time to time, subject to your complying with the relevant statutory and other conditions and requirements in order to be entitled to the leave and pay. Copies of our policies are [OR A copy of our benefits policy is] available [on the intranet] [and] [from the HR Department].

17. Pensions The government now stipulates that all employees are enrolled automatically in a suitable pensions scheme; even if they opt out they will be re-enrolled every three years. All staff should be advised of the enrolment dates and the level of contribution expected from both the employee and employer.

18. Retirement The company does not operate a compulsory retirement age. Employees who wish to retire should therefore give contractual notice of their intention to leave their employment, as with any other resignation.

19. Terminating the contract You are entitled to receive from the company a maximum of one day’s notice of termination of employment in the first four weeks of employment. After four weeks’ employment, you are entitled to receive one week’s notice, increasing to two weeks after two years’ continuous service. Thereafter, you will be entitled to receive a further week’s notice for each additional year’s service, up to a maximum of twelve weeks after twelve or more years’ service.

Should you leave the company, you are required to give the company one [week’s/month’s] notice.

During any situation in which you are under notice (whether given by you or by the company) to terminate your employment, it is hereby agreed that the company shall be entitled to require that you need not

This template is for reference purposes only.

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perform your duties or attend the company’s offices. Where the company requires you to remain away from work during your notice period, you will be required to comply with any conditions laid down by the company and whilst on full pay during such time you will not be permitted to work for any other person or firm or on your own behalf without the company’s prior written permission.

20. Disciplinary and dismissal procedures A copy of the company’s disciplinary and dismissal procedures are appended to this statement. However, the company reserves the right not to use these procedures for the first 24 months of employment.

21. Grievance procedure A copy of the company’s grievance procedure is appended to this statement.

22. Maternity/paternity An employee who is pregnant has the right to time off with pay for antenatal care. This includes appointments with the GP or hospital and parentcraft classes. You must produce a card from the hospital or clinic confirming the appointment to your manager. You should notify the company of your antenatal appointments at least 48 hours in advance. An employee who stops work to have a baby has a right to a period of maternity leave. There are certain provisions concerning payment for time off and return to work, which the company will discuss with you at the relevant time.

23. Other employment It is expected that you will devote your whole time and attention to this company during your working time.

Therefore you must not take on other employment or work outside working hours without first asking your manager and obtaining his or her written permission. Permission will not be unreasonably refused.

Some examples of when permission would normally be refused are where the outside work damages or interferes with your own capacity, capability or credibility in doing your work for us, or affects your performance of your duties or exposes you to a conflict of interest or where there could be damage to the company’s interests or reputation.

You must not: Either • Set up in business (either alone or with others) which competes with any aspect of our business. or • Do any work of any nature in any capacity for any of our competitors.

While Clause 21 of this template is a suitable draft version, we strongly advise that members obtain a bespoke version specifically written for each employee/grade of employee that they wish to have covered by such provision.

24. Confidential information and non-solicitation/non-competition/non-dealing (1)

Confidential information

a.

You must not, whether during your employment with the company or after the end of it, whether you resign or are dismissed by the company, unless expressly authorised in writing by the managing director, disclose to any unauthorised person or use any confidential information relating to the business’s affairs or trade secrets of the company. This includes any detail about the company’s products or technical data, any matter relating to the company or its business, customers and employees, actual, potential or past, and all details relating to information on the company’s database.

This template is for reference purposes only.

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b.

During the course of your employment you may have access to, gain knowledge of or be entrusted with information of a confidential nature. This shall include, but is not limited to:

i.

The identity, address or telephone number of any customer of the company.

ii.

The name of the contact person at the company’s customer.

iii. Any list or lists of the company’s customers, whether in written or printed form or held electronically. iv. Details of the equipment or services supplied to or ordered by any customers of the company. v.

The price at which the company purchases the goods and services for its customers and/or the price at which the company supplies its products or services to its customers.

vi. Any discount or remainder price which the company may from time to time offer to its customers for all or any of the equipment or products or services it provides.

vii. Information concerning the organisation of the business of the company or any part of it. viii. The identity, name, address, telephone number or other personal details of the company’s employees, directors or officers.

You agree that you shall not, either during the course of your employment or at any time after its termination, make use of, for your own or another person’s benefit, or divulge to a person not authorised by the company to receive it, any confidential information as described or referred to above concerning the company’s business which may have been disclosed to or have otherwise come into your possession in the course of your employment.

If such disclosure or misuse of information occurs during the course of your employment, the company will treat such conduct as gross misconduct and reserves the right to terminate your employment without notice or payment in lieu. Such misconduct is described in the company’s disciplinary procedure, which forms part of the contract of employment.

(2) Non-solicitation/non-competition/non-dealing

a.

One of the most valuable assets of the company is the contact that you will have and the relationship that you will be encouraged to build up with the company’s customers. You acknowledge that this contact and the relationship is capable of being misused unfairly against the company if, after you have left the company’s employment, it is exploited for your own benefit or that of another person in competition against the company.

b.

For this reason, you hereby agree that you will not, during your employment with the company or any associated or subsidiary companies, or for a period of three months following the termination of your employment, in respect of any aspect of the business which the company undertakes, solicit or attempt to solicit the custom of, or sell to, or deliver to or accept work for private gain and/or for any third party, from any private individual, firm or company or otherwise deal with any person who at the date of termination of your contract is a customer or potential customer of the company to whom you have personally sold and/or delivered the company’s products on behalf of the company, or to whom you had introduced the company, or approached on behalf of the company, or to whom you had any business dealings or knowledge in the six-month period immediately prior to the date of termination of your contract.

c.

After your employment has ceased (whether by your resignation or termination by the company for any reason), you agree that you will not, except in a purely social capacity, contact, deal with or attempt to solicit custom from any customer of the company with whom you had any business dealings in the six months prior to the termination of your contract, nor will you attempt to interfere with the existing business relations between any customers or employees and the company, nor provide, whether directly or indirectly, your assistance to any other person so as to enable or facilitate that other person to solicit the custom of or sell and/or deliver the company’s products and equipment on behalf of the company to any customer of the company.

This template is for reference purposes only.

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d.

You are strictly forbidden to make any contact, whether formal or informal, written or oral, to any of the company’s past, current or prospective suppliers or customers for any purpose other than for the legitimate business interests of this company. Such a purpose might include, but is not limited to, an intention to set up a competing business or work for a rival after leaving this company. Any breach of this clause may render you liable to serious disciplinary action, which will result in summary dismissal if the circumstances warrant it.

e.

If, within a period of three months following the termination of your contract, you shall be in common employment with any other former employee of the company who shall him/herself be subject to the same or similar restraints by the company to those contained in paragraphs 21 (1) to 21 (2) inclusive above, then you will not, for any period whilst those restraints on that other employee remain in force, and in respect of the sale or delivery of the company’s products and equipment, solicit the custom of or sell, distribute or deliver to any customer to whom that other employee is him/herself restrained from selling, distributing or delivering.

f.

After your employment has ceased (whether by your resignation or termination by the company for any reason) and for a period of three months following the termination of your employment, you agree that you will not employ or engage or otherwise facilitate the employment or engagement of any person employed by the company as at the termination of your employment.

25. Security You will be required to ensure that all documents, papers, correspondence, drawings, customer lists, price lists and other papers, including private notes concerning the company, are kept secure at all times and are carefully locked away at night and that all security procedures are properly maintained at all times. You are not expected to take any papers or documents belonging to the company home with you when you leave at the end of the day, except where this is strictly necessary for the proper performance of your duties. Any unauthorised conduct in this respect which causes loss or damage to the company or to any customer past, present or future, will be regarded as serious misconduct for which you may be dismissed, should the circumstances warrant this.

In the interests of the company and its employees, the company reserves the right to carry out random searches of employees’ personal belongings in order to ensure that none of the company’s products or property is being taken from the premises illegally.

26. Property to be returned on termination You are required to deliver to the company before the end of your employment, or immediately after should your employment terminate without notice, all papers, documents, keys, cars and property belonging to the company. You will be required to sign an undertaking that all such property has been duly returned.

27. Representing the company You are not permitted to represent yourself as an authorised agent for the company, except in the course of the proper performance of your duties or where authorised so to do. When your employment ceases, you must not present yourself in any business context as being an employee of this company. Should there be any misrepresentation or intention to deceive in this respect, or any attempt to interfere with existing business relations between this company and its existing or potential customers, suppliers or agents, then the company may take proceedings against you to prevent any recurrence and to recover any losses incurred as a result.

28. Appeals procedure You may appeal against a grievance decision, the procedure for which is detailed in the grievance procedure appended to this statement.

This template is for reference purposes only.

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You may appeal against a disciplinary or dismissal decision, the procedure for which is detailed in the disciplinary and dismissal procedure appended to this statement.

29. Health and safety at work You are reminded that you have a statutory duty to observe all health and safety rules, and to take all reasonable care to promote the health and safety at work of yourself and your fellow employees. You are required to comply with the company’s health and safety rules, and with all rules laid down by the Health and Safety at Work Act 1974, the Workplace (Health, Safety and Welfare) Regulations 1992 and other European legislation, together with all regulations made under them or under any other industrial safety statutes. Failure to comply with such rules may lead to dismissal. The company places paramount importance on the health, safety and welfare of its employees at work.

Every employee is further required to take such steps as are reasonably practicable to ensure the health and safety of him/herself and others affected by his/her work. You must make use of all protective clothing and equipment that is provided for you and you must co-operate with the management in all respects for the full implementation of the health and safety policy. Wilful breaches of the health and safety policy will be dealt with through the disciplinary procedure.

30. Patents, copyright and designs Any invention or any design created by any employee during the course of his or her employment or in the course of duties specifically assigned to him or her belongs to the company. Subject to any contrary provisions of the Patents Act 1977 where applicable, the company shall be entitled, without charge or fee, to the sole ownership of any such invention or design and so on and so far as the law permits, to the exclusive use thereof.

31. Gratuities Employees are forbidden to accept gratuities, gifts, loans or other benefits from the company’s customers or suppliers without the express written permission of a director/senior manager. In addition, employees are not permitted to make use of any services or be supplied with goods on a personal basis from any customer or supplier of goods and services, or employee of any customer or supplier of goods and services to the company because of the possible conflict of interest, unless full disclosure has been made and prior written permission obtained from a director/senior manager. Should any such conduct come to the attention of the company, the company reserves the right to treat this as gross misconduct, for which your employment may be terminated without notice or payment in lieu.

The company complies with the provisions of the Bribery Act 2011 and has implemented adequate procedures to prevent any breaches of the provisions of the Act via the policy appended to this statement.

32. Fire precautions Your attention is drawn to the fire regulations posted in the company’s premises and you should acquaint yourself with these and with the company’s fire precautions and procedures, a copy of which is available from your manager.

33. Smoking In the interests of health and safety, insurance, the Smoke Free (Premises and Enforcement) Regulations 2006 and the Health Act 2006, the company prohibits smoking in any of its buildings and premises.

Smoking is also prohibited in company vehicles which are not solely dedicated to one driver. Private vehicles which are used for business purposes are exempt from this.

If you are found smoking either on the company’s premises or in a vehicle (where it is not permitted), you will be subject to disciplinary action, which may result in your employment being terminated without notice or payment in lieu of notice.

This template is for reference purposes only.

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If you are excluded from any of our customers’ sites for smoking, such an act will be considered to have taken place on the company’s premises and you will be subject to disciplinary action as if the smoking had taken place on the company’s premises.

You will be personally liable for any fines for breach of the smoke-free regulations and will be required to pay any fines should you breach the smoking laws.

34. Accidents The company is required to maintain a register of accidents, whether major or minor. In the event of an accident on the premises, you should report it to your manager and it will be noted in the accident book.

You should acquaint yourself with the locations and contents of the nearest first aid box.

You should also acquaint yourself with the names, and telephone extension numbers where appropriate, of the qualified first aiders and ask to be seen for an initial first aid assessment, if required.

If you are involved in an accident whilst on the road, you must comply with any statutory requirement in force at the time of the accident and report the facts to the company immediately. An accident insurance form should be obtained from [insert name] and must be completed in full within 24 hours and given to your manager.

35. Equal opportunities policy We are an equal opportunity employer. The aim of our policy is to ensure that no job applicant or employee receives less favourable treatment on the grounds of age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation, nor should they be disadvantaged by any conditions relevant to the job. Selection criteria and personnel procedures will be reviewed regularly to ensure that individuals are recruited, promoted and treated in all other ways purely on the basis of merit and ability to do the job for which they have applied.

36. Mobile phones The company prohibits the use of mobile phones for non-work-related reasons during working hours.

When driving on company business, no employee may at any time, or under any circumstances, respond to or answer any hand-held mobile phone, bleeper or pager whilst the car is in motion. Staff from the company wishing to communicate with the employee on the road via mobile phone should, in all instances, leave a detailed message to be accessed when parked.

All employees using a mobile phone should ring in to the office as required to receive messages when parked and convenient.

An accident involving a company vehicle, which it can be shown was or may have been caused by lack of care of the driver who was speaking on a mobile phone, may not be covered by the company’s insurers and may make the individual responsible in part or in whole for costs and damages arising.

37. Shortage of work/lay-offs If there is a shortage of work for whatever reason, the company will endeavour to maintain continuity of employment wherever possible by placing people on short-time working or by laying them off without pay. In such circumstances, as much advance notice as can reasonably be given will be given if, in the company’s opinion, it becomes necessary to do so. Statutory guarantee payments will be made where applicable but normal wages will not be paid for any days where no work is provided.

38. Parental leave Upon completion of a qualification period of one year, parents and adoptive parents of children can take up to 18 weeks’ parental leave, per child, up to their child’s 18th birthday. Parental leave will not be paid

This template is for reference purposes only.

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and requests for leave must be made at least 21 days in advance and will only be granted if the needs of the business permit. Leave can only be taken as whole weeks unless the child has a disability. Part time staff are entitled to leave on a pro rata basis.

The limit on how much parental leave each parent can take in a year is four weeks for each child (unless the employer agrees otherwise).

Eligible employees can take unpaid leave to look after their child’s welfare, e.g. to: • Look at new schools.

• Settle children into new childcare arrangements.

Family emergencies Employees will be able to take unpaid leave to deal with immediate family emergencies. This allows for time off to deal with incidents such as sudden illness, death or birth of a dependant, unexpected breakdown of care for a dependant, the making of longer term arrangements for a dependant who is ill or injured, or an unexpected incident involving the employee’s child during school hours or a school trip. No qualification period is required.

39. Training/education We offer [in-house and external] training [and, in some cases, time off work to undertake training], subject to certain eligibility requirements and other conditions. Details of this training are set out in our training policy, as amended from time to time. The policy is available from [the HR department].

[Set out which part(s) of the training is compulsory, such as ‘We require you to undertake compulsory induction training when you start working for us’. [We bear the cost of this training OR All training is voluntary].]

[You are also required to complete training in relation to [set out details of compulsory training and the timeframe within which the employee is required to complete it], at your own expense.]

The fees for all such courses will be paid by your employer, but those fees shall be repaid to your employer if:

i.

You cease to attend course lectures. or

ii.

You fail to attend at least 75% of the course lectures. or

iii. You fail to use your best endeavours to successfully complete the course and/or pass the qualifying examinations. or

iv. You leave the employment of your employer either during or within 12 months after completing the course, or if your employment is terminated for whatever reason during the same term.

If no alternative arrangements for repayment have been made, your employer shall be entitled to deduct the course fees from your salary, subject to the provisions relating to the national minimum wage being met.

40. Telephone and computer security, internet and email access and misuse There are business and legal requirements for having a telephone, internet and email access and misuse policy. Each employee has a responsibility for the protection of company information and must therefore make him/herself familiar with the relevant requirements in respect of telephone, email access and internet

This template is for reference purposes only.

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security and misuse. All employees must ensure passwords and security passes remain secure and private.

Each employee is responsible for reporting any breach of telephone or computer security, no matter how trivial. The information held on computers must be correct so that it can be relied upon by the company and its customers. Any release or use of information must be authorised by a senior manager or director and must be with the agreement of the person responsible for the data.

Employees are restricted to ensuring that use of telephones and computers is for the proper performance of their duties only. Personal telephone calls may only be made in an emergency if authorised by a manager. Access to the internet or email facilities must only be used with the direct authority of management or a director and for the performance of his or her duties only. Any employee found to be in breach of company telephone or computer policy will be subject to the company’s disciplinary procedure, which could result in dismissal.

Employees must not install software on the company’s computer systems without the authority of management or a director, and it must only then be installed once the software has been checked and protected against computer viruses.

The company will audit and monitor use of the systems to ensure proper and effective business use. You should not expect privacy in the use of company internet, email and fax facilities. All email is stored and the company may inspect an email (including personal emails) at any time.

By accepting employment with the company, you consent to such monitoring and inspections.

41. Dress and appearance It is important that the company should maintain a professional image to customers and other members of the public. Although it is acknowledged that many members of staff are not seen by the public whilst carrying out their duties, there are times when they will be noticed, for instance in the entrance foyer and at enquiry points. Consequently, it is essential that all members of staff should maintain a smart and neat appearance.

All staff are expected to wear clothes that are appropriate for a business environment.

Items of dress which are considered to be inappropriate during normal working hours include training shoes, working boots, shorts, track suits, jeans, dungarees, sweatshirts, T-shirts or pullovers which display prominent slogans or illustrations. This list is not intended to be exhaustive.

There is no objection to the wearing of jewellery, but it should not cause danger or be detrimental to your overall appearance.

If members of staff have any queries relating to the dress and appearance code, they should raise the matter in the first instance with their manager.

42. Alcohol, drugs and solvent abuse The company forbids the use of, possession, concealment, transportation, promotion or sale of alcohol and prohibited substances by an individual employed directly or indirectly, regardless of site location.

Prohibited substances are defined as:

i.

Any substances which an individual may not sell, possess, use or distribute under applicable law.

ii.

Any other legal but unlawfully used substances, such as prescription drugs obtained or used without permission, or such drugs not being used for their originally intended purposes.

iii. Any solvent, including glue, used or intended to be used for the purpose of intoxication.

Any employee found to be under the influence of drugs or alcohol whilst engaged in the activities of the organisation, including driving company vehicles, shall be liable to summary dismissal.

This template is for reference purposes only.

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43. Changes in terms and conditions Should there be any changes in your terms and conditions of employment within the company, you will be notified by personal consultation and written notification and/or through notices published on the notice board.

44. Collective agreement [No collective agreement directly affects the terms and conditions of your employment.]

OR [The collective agreement[s] dated [insert dates] between [insert parties] contain[s] the following terms and conditions applicable to your employment: [insert details].].

45. Changes in personal circumstances You are under a duty to inform the company of any change in your personal circumstances, such as your address.

46. Data protection The company will collect and process information relating to you in accordance with the privacy notice which is annexed to this agreement. You are required to sign and date the privacy notice and return to [insert details].

You shall comply with the company’s data protection privacy notice and policy when handling personal data in the course of employment including personal data relating to any employee, worker, contractor, customer, client, supplier or agent of the company. You will also comply with the company’s associated policies including [IT and communications systems policy, social media policy, any other policy].

Failure to comply with the company’s data protection privacy notice and associated policies may be dealt with under our disciplinary procedure and, in serious cases, may be treated as gross misconduct leading to summary dismissal.

In accordance with the General Data Protection Regulations (GDPR) 1998, the company is required to obtain your consent to process personal data held on your personnel file and the company’s computer systems.

By signing this documentation, you give the company permission to collect, retain and process personal information about you. This information will only be used in order to monitor compliance with the law, best practice, security, equal opportunity and non-discrimination.

I accept that these terms and conditions of employment replace any existing contractual arrangements I may have with the company. I confirm that I have received the original statement of terms and conditions of employment, of which this is a copy.

I [insert name] hereby accept the terms and conditions of employment as set out above.

Employee’s signature:............................................................

Date: .....................................................................................

Employer’s signature: ............................................................

Date: .....................................................................................

Signature for and on behalf of ......................................................................................................................................................

Note: This letter should be printed on your company’s letterhead. *Please delete as appropriate.

This template is for reference purposes only.

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Call 01565 626056 Email info@forumofbritishpubs.com Office Ruskin Chambers, Drury Lane , Knutsford, Cheshire W A16 6HA Website www.forumofbritishpubs.com Follow @forpubs

The Forum of British Pubs is part of the Forum of Private Business.

Registered in England and Wales: 01329000

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