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Employment Precedents and Company Policy Documents

AuthorsAlan Julyan, Simon Jeffreys, His Honour Judge Jeremy McMullen QC
PublisherSweet & Maxwell
ProductsEmployment Precedents and Company Policy Documents CD£368+VAT(S)
Employment Precedents and Company Policy Documents Disk£299+VAT(C)
Employment Precedents and Company Policy Documents Looseleaf£355(S)
Service2 updates p.a. (S) Updating is by annual subscription; price includes service to December 2008. (C) Updates are charged by release.

CD version is a complete electronic edition presented in Folio Views. Precedents can be exported as Word or WordPerfect documents. Selected documents can be drafted with HotDocs.
Disk version is a set of Word documents. It does not include introductions and commentaries.

Complete Index as at Release 24 — April 2007

A1: Recruitment

A1-1 Job offer letter for sales manager

A2: Draft Offer Letter

A2-1 Draft offer letter to prospective employee - amended

A2-2 Optional clauses

A3: Particulars of Employment

A3-1 Particulars of employment

A3-2 Optional clauses for particulars of employment

A10: Company Background

A11: An Introduction to Terms and Conditions of Employment

A11-1 Introduction in Handbook to contract of employment

A11-2 Employee seeking advice on Handbook's details and legal implications

A11-3 Variations or amendments to the Handbook

A11-4 Collective agreements and employment

A12: Conduct at Work

A12-1 Job title

A12-2 Duties and related requirements

A12-3 Uniforms and appearance

A12-4 Personal telephone calls

A12-5 Additional employment and conflict of interest

A12-6 References

A12-7 Place of employment and mobility

A12-8 Co-operation and flexibility

A12-9 Probationary period and confirmation of employment

A12-10 Car driving and driving licence

A13: Salary

A13-1 Salary details

A13-2 Overtime

A13-3 Bonus provision

A13-4 Commission on sales

A13-5 Deductions from salary

A14: Hours of Work

A14-1 Normal hours of work

A14-2 Staggered working hours-flexitime

A14-3 Time keeping

A14-4 Shiftwork

A14-5 Overtime

A15: Holiday Entitlement

A15-1 Public holidays

A15-2 Annual holidays

A15-3 Shutdown periods

A16: Special Leave Arrangements

A16-1 Special leave arrangements - amended

A17: Absence: Health and Sickness

A17-1 General absence provisions

A17-2 Sickness payments

A17-3 Statutory sick pay

A17-4 Long-term-persistent sickness absence and medical reports

A17-5 Permanent health insurance

A17-6 Return to work

A17-7 Accidents at work

A17-8 Accident claims outside work

A17-9 Suspension on medical grounds

A18: Benefits

A18-1 Company pension scheme

A18-2 Employer contributions to personal pension scheme

A18-3 Group personal pension scheme

A18-4 Life assurance

A18-5 Approved employee share schemes

A18-6 Private medical health insurance

A18-7 Prolonged disability insurance

A18-8 Medical screening

A18-9 Personal accident insurance

A18-10 Educational loans

A18-11 Season ticket loans

A18-12 Luncheon vouchers

A18-13 Car-car allowance

A18-14 Long service

A18-15 Give as you earn

A18-16 Staff sales and discounts

A19: Protection of the Company's Business

A19-1 Protection of company's confidential information and business

A19-2 Publicity and speaking engagements

A19-3 Visitors-identification

A19-4 Security of personal and company property

A19-5 Condition to search employees

A19-6 Computers and data protection

A20: Restrictive Covenants

A20-1 Clause making reference to the need for a separate agreement incorporating restrictive covenant

A20-2 Intellectual property

A21: Notice and Other Termination Provisions

A21-1 Termination of employment provisions

A22: Grievance and Disciplinary Procedures

A22-1 Grievance procedure

A22-2 Disciplinary procedure

A30: General Employment Policies

A30-1 Recruitment policy

A30-2 Promotion policy

A30-3 Appraisal policy

A30-4 Redundancy policy

A30-5 Car policy

A31: Equal Opportunities, Harassment Policies and Career Breaks

A31-1 Equality and diversity statement

A31-2 Equal pay policy

A31-3 Harassment policy

A31-4 Career break scheme

A31-5 Maternity leave policy

A31-6 Adoption leave policy

A31-7 Paternity leave policy

A31-8 Parental leave policy

A31-9 Dependants leave policy

A31-10 Flexible work arrangements policy

A31-11 Fair Employment Commission for Northern Ireland's Model Policy on Sectarian Harassment in the Workplace

A32: Health and Safety

A32-1 Health and safety at work policy statement in accordance with the Health and Safety at Work etc Act 1974

A32-2 Smoking policy

A32-3 Alcohol and drug abuse policy

A32-4 Fire procedure

A32-5 Bomb threat procedures

A33: Training and Development

A33-1 Training and development provision

A34: Employee Representation

A34-1 Staff association

A35: Administrative Procedures

A35-1 Reimbursement of expenses

A35-2 Income tax

A35-3 Personal records

A35-4 Notice boards and intranet sites

A35-5 Suggestion schemes

A36: Email policy

A36-1 Email policy

A37: Public Interest Disclosure policy

A37-1 Public Interest Disclosure policy

A45: Retail Sector

A45-1 Dress code

A45-2 Normal hours of work

A45-3 Sunday working

A45-4 Place of employment and mobility

A45-5 Deductions from pay

A46: Financial Sector

A46-1 Introduction to financial sector clauses

A46-2 Gifts, loans and benefits

A46-3 Data security

A47: Manufacturing Sector

A47-1 Lay off

A47-2 Factory closure

A47-3 Shiftworking

A47-4 Clocking procedures

A47-5 Emergency call out provisions

A47-6 Flexible working system

A47-7 Canteen Facilities

A48: Flexible Contracts of Employment

A48-1 Annualised hours contract

A48-2 Zero (or nil) hours contract

A48-3 Fixed term contracts

A48-4 Agreement to disapply the 48-hour maximum working week

A48-5 Workforce Agreement

A49: Homeworkers'/Teleworkers' Contract

A49-1 Particulars of employment for homeworkers/teleworkers

A50: Temporary Assignment Overseas

A50-1 Particulars of employment for employees working overseas

A51: Resident Staff

A51-1 Accommodation

A55: European and Domestic Works Council/Information and Consultation Agreements

A55-1 Philip Morris European Council

A55-2 NatWest Group Staff Council: An agreement

A55-3 EWC agreement at ISS: Protocol concerning cooperation between the management of ISS-International Service System A/S (ISS) and the representatives of the employees (the representatives) in the European subsidiaries of ISS

A55-4 United Biscuits agreement: Agreement on Europe-wide information and consultation in United Biscuits

A55-5 Request to negotiate a European Works Council Agreement

A55-6 Form 1A: Notice of appeal from the CAC made pursuant to regulation 38(8) of the Transnational Information and Consultation of Employees Regulations 1999

A55-7 Application under regulation 20 or 21 of the Transnational Information and Consultation of Employees Regulations 1999

A55-8 Notice of appearance to the Employment Appeal Tribunal under regulation 20 or 21 of the Transnational Information and Consultation of Employees Regulations 1999

A55-9 Voluntary I&C agreement

A60: Directors' Contractual Relationship with their Company

A60-1 Key corporate governance principles applicable to service contracts of executive directors of UK listed companies

A61: Executive Director's Contract of Employment

A61-1 Director's contract of employment

A62: Appointment of Non-executive Directors

A62-1 Appointment letter for non-executive director

A62-2 Services agreement

A63: Senior Executives: Additional Contract Provisions

A63-1 General additional provisions

A63-2 Earnings per share bonus

A63-3 PBIT and cash flow bonus

A63-4 Employee's trust and confidence undertaking

A64: Unapproved Share Option Grant

A64-1 Deed of grant

A64-2 Form of exercise option

A70: Firing an Employee

A70-1 Letter charging employee with gross misconduct

A70-2 Dismissal letter

A71: The Severance Deal

A71-1 Dismissal letter

A71-2 Settlement offer letter

A71-3 Letter of resignation from offices-employment

A71-4 Board minute

A71-5 Minutes of General Meeting

A72: Intra-Group assets purchase agreement

A72-1 Intra-Group assets purchase agreement

A72-2 Information letter from seller to employee representative

A72-3 Measures-letter from purchaser to seller

A72-4 Notice of objection

A72-5 Indemnities

A80: Short-form Consultancy Agreement

A80-1 Short-form consultancy agreement

A81: Long-form Consultancy Agreement

A81-1 Long-form consultancy agreement

A85: Trade Union Recognition

A85-1 Model voluntary collective bargaining method

A85-2 CAC model collective bargaining method

A85-3 Model redundancy agreement

B1: Introduction

B2: Questionnaires

B2-1 The complainant's questionnaire: discrimination (not including equal pay) - amended

B2-2 The complainant's questionnaire in equal pay claim

B2-3 Reply to the questionnaire: discrimination (not including equal pay) - amended

B2-4 Reply to the questionnaire: equal pay

B2-5 Complainant's questionnaire in accordance with Fair Employment Questions and Replies (Northern Ireland Regulations) 1999

B3: The Claim

[B3-1 Form ET1 not on disk]

B3-2 Further information

B3-3 Action short of dismissal: trade union membership/activities

B3-4 Offer made by employer to induce worker not to be a member of a trade union

B3-5 Written reasons for dismissal/failure to comply with statutory dismissal and disciplinary procedures

B3-6 Unfair dismissal: capability (ill-health)

B3-7 Unfair dismissal: capability (performance)

B3-8 Unfair dismissal: conduct

B3-9 Unfair dismissal: redundancy

B3-10 Refusal to accept new terms and conditions necessitated by pressing economic reasons

B3-11 Breakdown in trust and confidence

B3-12 Irreconcilable breakdown in relations between staff

B3-13 Constructive unfair dismissal

B3-14 Automatically unfair dismissal: pregnancy (including complaint about failure to provide written reasons for dismissal)

B3-15 Failure to deal properly with application for flexible working

B3-16 Unfair dismissal: transfer of undertaking (including claim against 'transferor' in alternative) - amended

B3-17 Redundancy payment

B3-18 Unauthorised deduction from wages

B3-19 Contract claims (incorporating a claim of unauthorised deduction from wages) - amended

B3-20 Equal pay

B3-21 Direct race discrimination (including harassment claim) and complaint of victimisation

B3-22 Indirect sex discrimination

B3-23 Discrimination on grounds of sexual orientation

B3-24 Age discrimination - replaced

B3-25 Collective redundancies: failure to consult - renumbered and amended

B3-26 Transfer of undertakings: failure to consult - renumbered and amended

B3-27 Claim to the Fair Employment Tribunal (Northern Ireland) - renumbered

B3-28 Breach of Working Time Regulations: weekly rest period - renumbered

B3-29 Automatically unfair dismissal: Working Time Regulations - renumbered

B3-30 Disability Discrimination Act 1995: unjustified less favourable treatment and/or direct discrimination contrary to section 3A(1a) and/or section 3A(5) and failure to make reasonable adjustments contrary to section 4A - renumbered and amended

B3-31 Part-time Workers (Prevention of Less Favourable Treatment) Regulations: less favourable treatment - renumbered

B3-32 Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations: less favourable treatment - renumbered

B3-33 National Minimum Wage Act 1998: detriment - renumbered

B3-34 Protected disclosures: detriment after disclosure to a prescribed person - renumbered

B4: Response

B4-1 Response: Form ET3

B4-2 Response: Action short of dismissal: trade union membership-activities (including possible defence relying on conduct of trade union)

B4-3 Response: offer made to induce worker not to be a member of a trade union

B4-4 Response: Claim not presented in time

B4-5 Response: Not an employee

B4-6 Response: Insufficient continuity of employment

B4-7 Response: Claimant over normal retirement age-statutory retirement age

B4-8 Response: Dismissal denied

B4-9 Response: Unfair dismissal whilst claimant engaged in industrial action - amended

B4-10 Response: Unfair dismissal: capability (ill-health)

B4-11 Response: Unfair dismissal: capability (performance)

B4-12 Response: Unfair dismissal: reasons given in the alternative-conduct-some other substantial reason, namely breakdown in trust and confidence

B4-13 Response: Unfair dismissal: redundancy

B4-14 Response: Unfair dismissal: some other substantial reason: refusal to accept new terms and conditions necessitated by pressing economic reasons

B4-15 Response: Unfair dismissal: some other substantial reason: irreconcilable breakdown in relations between staff

B4-16 Response: Constructive unfair dismissal; denying that the claimant has raised the subject matter of her complaint as a grievance

B4-17 Automatically unfair dismissal: pregnancy (including complaint about failure to provide written reasons for dismissal)

B4-18 Response: failure to deal properly with application for flexible working

B4-19 Response: Transfer of undertaking: response appearance of 'transferee' - amended

B4-20 Response: Transfer of undertaking: response appearance of 'transferor'

B4-21 Response: Redundancy payment: (1) denying redundancy as reason for dismissal; (2) contesting period of continuous employment claimed

B4-22 Response: Redundancy payment: relying on offer of suitable alternative employment which was unreasonably refused by the claimant as defence to claim for statutory redundancy payment

B4-23 Response: Unauthorised deduction from wages: defence of written agreement authorising deduction

B4-24 Response: Contract claim (incorporating claim of unauthorised deduction from wages): defence of lawful summary termination of contract due to gross misconduct and authorised deduction plus employer's (counter)claim

B4-25 Response: Equal pay: (1) denying direct effect of EU Directive; (2) denying like work-work of equal value; and (3) raising genuine material factor defence

B4-26 Response: Direct race discrimination (including harassment claim) and complaint of victimisation: denying vicarious liability and causation

B4-27 Response: Indirect sex discrimination: including defence of justification

B4-28 Response: discrimination on the grounds of sexual orientation - amended

B4-29 Response: Age discrimination - replaced

B4-30 Response: Collective redundancies: failure to consult - renumbered

B4-31 Response: Transfer of undertakings: failure to consult- renumbered and amended

B4-32 Response by respondent (Northern Ireland)- renumbered

B4-33 Breach of Working Time Regulations: Defences to claim in respect of weekly rest periods- renumbered

B4-34 Automatically unfair dismissal: Working Time Regulations

B4-35 Disability Discrimination Act 1995: Unjustified less favourable treatment contrary to section 3A(1)(a) and-or direct discrimination contrary to section 3A(5) and failure to make reasonable adjustments contrary to section 4A - renumbered and amended

B4-36 Part-Time Workers (Prevention of Less Favourable Treatment) Regulations: comparator not employed under the same type of contract and-or not carrying out similar work - renumbered

B4-37 Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations - renumbered and amended

B4-38 Response: National Minimum Wage Act 1998: claimant not acting in good faith and-or denial of detriment imposed by reason of protected act - renumbered

B4-39 Protected disclosure: claimant not acting in good faith and-or denial of detriment after disclosure to a prescribed person - renumbered

B5: Additional Information

B5-1 Request for additional information regarding response

B5-2 Additional information regarding response

B6: Written Answers

B6-1 Written answers: request

B6-2 Written answers: response to request

B7: Settlement and Conciliation

B7-1 Letter before hearing: without prejudice save as to costs

B7-2 ACAS COT3: Example 1-claim having been presented to the tribunal

B7-3 ACAS COT3: Example 2-no claim presented to tribunal at time of agreement

B7-4 Compromise agreement/contract - amended

B7-5 Tomlin Order (1)

B7-6 Tomlin Order (2)

B8: Reviews and Appeals

B8-1 Application to employment tribunal for review of judgment - amended

B8-2 Notice of appeal to Employment Appeal Tribunal from judgment by employment tribunal

B8-3 Respondent's answer to notice of appeal and cross-appeal to Employment Appeal Tribunal from judgment of employment tribunal

B8-4 Application to the industrial tribunal to state a case to the Northern Ireland Court of Appeal

B15: Breach of confidence: introduction

B15-1 Claim form: breach of confidence

B15-2 Particulars of claim: breach of confidence

B15-3 Defences: breach of confidence

B16: Search Order

B16-1 Claim form

B16-2 Application notice for search order in breach of confidence claim

B16-3 Affidavit

B16-4 Standard form of order

B17: Springboard Injunctions

B17-1 Claim form

B17-2 Application notice for springboard injunction

B17-3 Witness statement

B17-4 Standard form of draft minute of order (interim injunction)

B18: Delivery Up of Documents

B18-1 Claim form: delivery up

B18-2 Application notice

B18-3 Evidence in support of application for delivery up

B18-4 Order for return/preservation of database

B19: Freezing Injunctions

B19-1 Draft Order

B19-2 Affidavit

B19-3 Claim form

B19-4 Application notice for freezing order in a wrongful dismissal claim

B20: Litigation in Scotland: Breach of confidence

B20-1 Summons: breach of confidence

B20-2 Defences: breach of confidence

B20-3 Section 1 order

B20-4 Style Form 64-A

B25: Industrial Action

B25-1 Claim form: unlawful industrial action

B25-2 Application

B25-3 Claimant's statement in support

B25-4 Particulars of claim

B25-5 Defence

B25-6 Particulars of claim-conspiracy

B25-7 Defence

B25-8 Summons: Unlawful industrial action (Scotland)

B26: Restraint of Trade

B26-1 Brief details of claim for the claim form: enforce restrictive covenants

B26-2 Particulars of claim to enforce restrictive covenants

B26-3 Defence

B26-4 Application notice

B26-5 Order

B26-6 Order

B26-7 Summons: Interdict to enforce restrictive covenants (Scotland)

B27: Wrongful Dismissal

B27-1 Particulars of claim

B27-2 Defence

B27-3 Reply and defence to counterclaim

B27-4 Application notice

B27-5 Draft order for attachment to application notice

B27-6 Summons: wrongful dismissal (Scotland)

B28: Claim for Agreed Sum on Termination of Employment

B28-1 Particulars of claim: debt due to wrongful dismissal

B28-2 Defence

B28-3 Application notice

B28-4 Draft order for attachment to application notice

B29: Garden Leave Injunctions

B29-1 Brief details of claim for claim form: garden leave and breach of duty injunction

B29-2 Particulars of claim

B29-3 Defence

B29-4 Application notice

B29-6 Draft order

B29-7 Order (without notice)

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