This work should be on the desk of every lawyer and Human Resources person who advises on employment issues, and will be invaluable to business people who deal with employment contracts.
A completely rewritten book, which covers amongst many other matters:
- all the cases on employment status
- the GIG economy
- the GDPR and its consequences
- Social media and the cases
- the recent cases on restrictive covenants
- the new tests in whistleblowing
- overview of discrimination law from recruitment to termination
- harassment and bullying
- all the new family friendly policies, including maternity and paternity
- cases on bonus
- the continuing saga with regard to holiday pay, including sickness issues
- a rewrite of all the precedents
The new 4th edition of Duggan QC on Contracts of Employment is a two volume set which covers all aspects of the employment relationship with precedents for every facet of employment. For not much more than the cost of a billable hour, the practitioner is given access to 1428 pages of practical commentary in volume 1, as well as over 250 precedents, in hard copy in volume 2 and in digital content (which will be emailed), as well as a regular updater for the commentary and precedents.
Human Resource Practitioners will find the guidance in the first volume invaluable and a useful reference tool on legal process, whilst the precedents in the second volume will be of everyday use to the busy practitioner. The updates will ensure that legal developments are assimilated into practice and the precedents are kept up to date and relevant.
VOLUME ONE: CONTRACTS OF EMPLOYMENT - 1428 pages
Preface: A Brexit Snapshot- what will happen to employment law after Brexit?
Chapter 1: Introduction: employment status, workers, express and implied terms, the exercise of discretion after Braganza; and an employment health checklist.
Chapter 2: The Use of Data, including the GDPR, subject access and other individual rights, checklists and guidance.
Chapter 3: Recruitment procedures and practices.
Chapter 4: Right to Statement of Employment Particulars
Chapter 5: A-Z of Different Types of Employment
5.1 Agency workers including the AWR 2010.5.2 Betting workers5.3 Casual, occasional and temporary staff including the GIG economy.5.4 Consultants5.5 Factory staff and shift workers5.6 Fixed term contracts5.7 Homeworkers/Teleworkers5.8 Managerial staff5.9 Office staff and the financial sector5.10 Overseas employment5.11 Part time working5.12 Residential staff5.13 Salesman5.14 Shopworkers
Chapter 6: The Manual A-Z
A Introduction to the Manual and the CompanyB Job Title and Description/Offers of EmploymentC Scope of Duties and ResponsibilitiesD Hours of WorkE Basic SalaryF Remuneration and Benefits other than Salary including bonuses.G Place of Work and MobilityH Preconditions of Employment or Continued Employment including the right to work.I Absences from Work due to HolidayJ Absences from Work due to Sickness and the Provision of Sick PayK Parents: the full raft of rights on pregnancy and maternity and flexible working.L Absence for Other ReasonsM Conduct and Standard of Behaviour at Work including social media, clothing and appearance; case law and guidance.N Staff Development and AppraisalO Employee RepresentationP Public Interest DisclosureQ Restrictions during and after EmploymentR Disciplinary ProceduresS Grievance ProceduresT Equal Opportunities covering all the protected characteristics as well as bullying and harassment; procedures, law and guidance.U Health and SafetyV Termination including garden leave.W Stress
Chapter 7: Directors
VOLUME 2: THE PRECEDENTS - 749 pages.
Comment on the Precedents
Chapter 1: Introduction
Precedents
1.1. Where it is intended to show that the Individual is not an Employee
1.2. Terms for an Employee who is a Shareholder
Chapter 2: The Use of Data
Precedents
2.1 Policy Relating to the Selection and Retention of Employees and Use of Employment Records in the Workplace
2.2 Privacy Notice
2.3. Policy relating to the Monitoring of Data in the Workplace
2.4 CCTV Small User Checklist
2.5 Monitoring Checklist
2.6 E-Mail Policy
2.7 Computers and Data Protection
2.8 Clauses in the contract of employment relating to the use of Data
2.9 Bring Your Own Device Policy
2.10 Retention and Erasure of Data Policy
Letters
2.L1 Short Form request for Personal Data
2.L2 More Detailed Request for Personal Data
2.L3 Initial Response to request for Personal Data
2.L4 More detailed response to request for Personal Data.
2.L5 Letter request for rectification
2.L6. Response to request for rectification
2.L7 Letter seeking Erasure
2.L8 Response to Erasure request
2.L9 Letter objecting to processing
2.L10 Response to letter objecting to processing
Chapter 3: Recruitment
Precedents
3.1 Precedent Offer of Employment to Potential Individual
3.2 Chart - Rehabilitation of Offenders Act 1974
3.3 Recruitment Policy for those involved in the Recruitment Process
3.4 Data Policy for those involved in the Recruitment Process
3.5 Monitoring Forms for Equal Opportunities
3.6 ACAS Induction Chart Recruitment and Job Offers
3.7 Precedent – no show clause Letters
3.L1 Letter Authorisation for Reference Checks Letter
3.L2 Letter Request for a Reference Letter
3.L3 Letter Response to Request for Reference Letter
3.L4 Letter Withdrawal of Offer Letter
Chapter 4: Right to Statement of Employment Particulars
4.1 Statement of Initial Employment Particulars
Chapter 5: A-Z of Different Types of Employment
5.1 Agency Workers
Precedents
5.1. Agreement between Agency and Agency Worker
5.2. Agreement between Agency and Hirer
Letters
5.L1 Letter from Company to Employment Agency Regarding Supply of Temp
5.L2 Letter to notify Opt-Out
5.2 Betting Workers
Precedents
5.2.1 Notice under Section 42(5) of the ERA 1996 Statutory Rights in relation to Sunday Betting Work
5.2.2 Statement of Initial Employment Particulars Variations for Betting Workers
5.2.3 Full Written Particulars for Betting Worker
5.3 Casual Workers
Precedents
5.3.1 Contract for Casual Workers on the basis that they are not Employees
5.3.2 Statement of Initial Employment Particulars/Contract for Casual Staff on the Basis that they are Employees
5.3.3 Annualised Hours Contracts: Suggested Additional Clauses for Consideration
5.3.4 Annualised Hours Contracts: Full written particulars
5.3.5 Nil Hours Contract: Suggested Additional Clauses for Consideration
5.3.6 A Nil Hours Contract, Full Written Particulars
5.3.7 Suggested Clause for a Seasonal Worker
5.4 Consultants
Precedents
5.4.1 Consultancy Agreement with Individual
5.4.2 Consultancy Agreement via a Service Company
Factory and Shiftworkers
5.5.1 Statement of Initial Employment Particulars for Factory and Shiftworkers
5.6 Fixed Term Workers
Precedents
5.6.1 Modifications to Section 1 Statement to make it clear there is a Fixed Term Contract
5.6.2 Precedent Workforce Agreement
Letters
5.6.L1 Offer of Fixed Term Employment
5.6.L2 Offer to extend fixed term contract on same/ different terms
5.6.L3 Paragraphs in letter: covering for Absent Employee on Maternity Leave
5.7 Homeworkers
Precedents
Precedents
5.7.1 Draft Application to Carry Out Home/Teleworking
5.7.2 Homeworkers Terms and Particulars
Letters
L5.7.3 Teleworking Letter of Appointment where Employee changes to working from home.
Policy
5.7.4 Teleworking Policy
5.7.5 Alternative Teleworking Policy with Statement of Objectives
5.8 Managers
5.8.1 Contract for manager where there is no company group
5.8.2 Contract for manger where there is a company group Office Staff
5.9 Office staff
5.10 Overseas Employment
5.10 Statement of Initial Employment Particulars for Overseas Employment
5.11 Part Time Work
Precedents
5.11.1 Draft Clauses for Part-Time Hours of Work
5.11.2 Policy Statement & Procedure for Part-Time Work
Letters
L5.11.1 Draft letter explaining why rate of pay for part-time work is less than for a full-time worker
L5.11.2 Letter agreeing a trial period for part-time work
L5.11.3 Letter refusing a request to move to part-time work
5.12 Residential Staff
5.12 Clauses Applicable to Residential Staff
5.13 Salesman
5.13 Service Agreement
5.14 Shopworkers
5.14 Shopworker agreement
Section 3: The Manual A-Z
6. Comment on the Model Precedents for the Manual
A. Introduction to the Company and the Manual
A1 Introduction
A2 Introduction Short Form
B. Job Title and Description
B1 Terms of Engagement
B2 Job Title and Description Short Form
C. Scope of Duties and Responsibilities
C1 Scope of Duties
D. Hours of Work
D1.1 Normal Hours of Work
D1.2 Normal Hours of Work
D2.1 Overtime
D2.2 Overtime
D2.3 Overtime
D2.4 Overtime
D3 Flexitime
D4 Time Keeping
D5 Shiftworkers
D6.1 Shiftwork
D6.2 Clocking in Procedures
D6.3 Factory Closure Times
D6.4 Lay Off
D7.1 Hours of work
D7.2 Sunday working
D8.1 Exclusion of 48 Hour Week under the Working Time Regulations 1998
D8.2 Existence of a Workforce Agreement
D8.3 A Precedent Workforce Agreement Charts
Chart
Chart D1 At a Glance Guide to the Working Time Regulations 1998
Chart D2 Particular Occupations
E. Basic Salary
E1 Salaries
E2 Salaries
E3 Collective Agreements for Salaries
E4 Salary Reviews
E5 Salary Reviews
F. Remuneration and Benefits
F1.1 Overtime
F1.2 Overtime
F2.1 Bonus
F2.2 Bonus
F2.3 Bonus
F3 Commission
F4.1 Deductions from Salary
F4.2 Deductions from Pay in Retail Employment
F5.1 Employer Contributions to Personal Pension Scheme
F5.2 Group Personal Pension Scheme
F6.1 Private Medical Health Insurance
F7.1 Approved Employer Share Schemes
F8.1 Educational Loans
F8.2 Season Ticket Loans
F9.1 Car/Car Allowance
F9.2 Provision of a Vehicle
F10 Luncheon Vouchers
F11 Permanent Health Insurance
G. Place of Work and Mobility
G1.1 UK
G1.2 Head office
G1.3 Worldwide
G1.4 Miles
G2 Relocation Policy
G3 Application Form
H. Preconditions of employment or continued employment
H1 References
H2 Probationary period and confirmation of Employment
H3 Car driving licence
H4 Qualifications
H5 The right to work
H6 List under the Immigration (Restrictions on Employment) Order 2007
H7 Home Office – Right to Work Checklist
I. Absences from work due to Holiday
I1 Annual holidays
I2 Public holidays
I3 Shutdown periods in relation to factory workers
I4 Form setting out request for holiday leave
I5 Rolled up holiday pay agreement
J. Absences due to Sickness and the Provision of Sick Pay
J.L1 Letter expressing concern about persistent absence and giving informal warning
J.L2 First written warning
J.L3 Final written warning
J.L4 Letter of dismissal Precedents
J1 Sickness or Injury Absence Policy
J2 Sick Pay
J3 Sickness and Unauthorised Absence
J4 Long Term and Persistent Sickness (Short Form)
J5 Return to Work
J6 Medical Suspension
J7 Non Payment whilst Absent due to Sickness
J8 Contractual Payment whilst Absent due to Sickness
J9 Contractual Payment whilst Absent due to Sickness dependent upon Length of Service
J10 Statutory Sick Pay
J11 Claims in Relation to Accidents outside Work
J12 Permanent Health Disability Insurance
J13 Medical Examination Procedures with Model Forms
J14 Sickness Absence due to Disability
K. Family Friendly Policies
K1 Maternity Leave, Parental Leave and Paternity Leave and Shared Parental Leave Policy
K2.L1 Letter One – Notification of Maternity Leave and ACAS SPL documents
K3.L2 Letter Two - acknowledge notification of maternity leave
K4.L3 Letter Three – Commencement of maternity leave
K5 Form requesting leave for Adoption
K6.L4 Letter Four- acknowledgement of notification of adoption leave
K7.L5 Letter Five – response to paternity leave request Flexible working]
K8 Flexible Working PolicyK9 Application form to request flexible working
K10 Notification that request has been granted
K11 Notification that request has been refused
K12 Flexible Working Appeal Form
K13 Response to Appeal
lK14 Flexible Working – Employer Asking for More Time
K15 Flexible Working – Notice of Withdrawal
L. Absences for Some Other Reason
L1 Dependants
L2 Jury Service
L3 Marriage
L4 Public Duties
L5 Religious Holidays
L6 Other Absences
L7 Letter confirming an agreed period of unpaid absence
L8 Sabbatical leave policy
L9 Other Special Leave Arrangements
M. Conduct and Standard of Behaviour at Work
M1 Standard of work
M2 Bribery
M3 Alcohol and drugs
M4 Clothing and appearance
M5 Computers and data protection
M6 E-mail policy
M7 Mobile telephones
M8 Entertaining Clients/Office Social Functions
M9 Non smoking policy
M10 Social Media
M11 Personal telephone calls from work
M12 Personal relationships
M13 Anti-Slavery Policy and Statement
N. Staff Development and Appraisal
N1 Provision of Staff Development and Training
N2 Example of Appraisal Scheme – Manual Workers
O. Employee Representation
O1 Trade union representation
O2 Staff Association representation
O3 Negotiated Agreement under the ICE Regulations
P. Public Interest Disclosure
P1 Public Interest Disclosure Policy
P2 Public Concern at Work, Now Protect- Checklist for Small Employers who do not wish to set up a Full Whistleblowing Policy
P3 Schedule to the Prescribed Persons Order 2014
Q. Restrictions During and after Employment
Q1 Employment that conflicts with your duties
Q2 Confidential Information
Q3 Intellectual Property
Q4 Intellectual Property Agreement
Q5 Model restrictive covenants
R. Dismissal and Disciplinary Procedures and Grievance Procedures
Precedents
R1 Short Form Disciplinary Procedure
R2 Alternative Disciplinary Procedure
R3 ACAS Sample Disciplinary and Grievance Procedures from Appendix 2 of ACAS Guide: (any organisation)
R4 ACAS Sample Disciplinary and Grievance Procedures from Appendix 2: Sample disciplinary procedure (small organisation)
R5 ACAS Sample Disciplinary and Grievance Procedures from Appendix 2: Sample grievance procedure (small organisation)
R6 Schedule A2 to TULR(C)A 1992: Cases to which the 25% Adjustment in the Code of Practice Adjustment may Apply
R7 Schedule 5, Employment Act 2002 – Cases to which Section 38 (Failure to Give Statement of Employment Particulars) Applies
R8 Taking a dispute to the Employment Tribunal: Guidance Letters: Example
Disciplinary and Grievance letters
R.L1 To be set by the employer, setting out the reasons for the proposed disciplinary action or dismissal and arranging the hearing (DTI)
R.L2 To be sent by the employer after the hearing (DTI)
R.L3 Notice of appeal hearing (DTI)
R.L4 Notice of result of appeal hearing (DTI)
R.L5 Notice of disciplinary meeting (ACAS)
R.L6 Notice of written warning or final written warning (ACAS)
R.L7 Notice of appeal meeting against warning (ACAS)
R.L8 Notice of result of appeal against warning (ACAS)
R.L9 Letter to be sent by the employer to arrange a meeting where dismissal or action short of dismissal* is being considered (ACAS)
R.L10 Letter to be sent by the employer after the disciplinary meeting arranged in Letter 5 (ACAS)
R.L11 Notice of appeal meeting against dismissal/disciplinary action* (ACAS)
R.L12 Notice of result of appeal against dismissal/disciplinary action*
R.L13 Raising a grievance
RL14 Request for appeal hearing (grievance procedures)
RL15 Request for appeal hearing (dismissal or disciplinary action procedures
S. Grievance Procedures
S1 Grievance Procedure
S2 Grievance Procedure Form intended to comply with Standard Statutory Requirements
T. Equal Opportunities Precedents
T1 Equal Opportunities Policy (Short Form and More Detailed Form)
T2 Company Policy against Bullying and Harassment
T3 Equal Pay Policy Statemen
T4 Disability Policy (Short Form and More Detailed Form)
T5 Retirement Policy where fixed retirement age and no fixed retirement age.
T6 Age checklists
U. Health and Safety
U1 Policy statement
U2 Fire policy
U3 Employer’s Obligations for Welfare Facilities
V. Termination
V1 Termination of employment and notice
V2 Payment in lieu
V3 Accrued holiday pay
V4 Sick pay during the notice period
V5 Garden leave
V6 Summary termination
V7 Retirement
W. Stress Policies
W1 A Model Stress Policy
W2 Checklist for managers
Chapter 7. Directors
7.1 Director’s Service Agreement
7.2 Non Executive Director, Letter of Appointment