Terms & Conditions of Employment
Guide for Employers and Managers
When drafting a Contract employers should
- ensure compliance with the statutory minimum elements as per Section 1 Employment Rights Act 1996
and
- take the opportunity of incorporating other company rules, conditions and policy
It is good practice to inform employees of relevant policies and rules and more importantly it avoids confusion in the employer and employee relationship
Additional clauses that may be usefully provided in the Contract of Employment and/or Staff handbook include the following areas:
- company cars
- computer mobile and other equipment
- probationary periods
- confidentiality and data protection
- protection of intellectual property
- restrictive covenants
- training cost reimbursement
- pay in lieu of notice
- equal opportunities statement
- health and safety statement
- lay off and short term working
- changes to terms and conditions of employment
- mobility
- company right to search
- alcohol and drugs statement
- public disclosure statement
- sick absence statement
- holiday on leaving
- bonus payments
- data protection statement
- dress code
- protective clothing and equipment
- conduct whilst on company business
- internet statement
- notification of change in personal details
- time off for public duties
- time off for trade union duties
- unauthorised absence
- leave of absence (bereavement)
- leave of absence (doctor, dentist, consultant)
- leave of absence (hospital appointment|)
- jury service
Legal Considerations
- when drafting additional clauses it is essential to ensure that none of the terms are discriminatory in any way
- all terms and conditions should comply with all current legislation
- set out minimum statutory requirements
- cover a range of additional clauses for incorporation in either the contract of employment and/or the Staff Handbook
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