Employment Contract - Template, Sample Form to Complete Pro · UK-law

The parties to this Agreement are advised that signature of this document will have legal consequences. Where either party is unsure of, or does not understand, the legal obligations and responsibilities placed upon them under this Agreement, they are advised to seek independent legal advice before signing.

CONTRACT OF EMPLOYMENT

This Contract sets out the written statement of particulars of employment required by section 1 of the Employment Rights Act 1996.

1. Parties

1.1 This Contract is made between:

A. The Employer: ________ (Company number ________) whose registered office is at:

________ ("the Employer"); and

B. The Employee: ________ of:

________ ("you").

2. Commencement and Continuity of Employment

2.1 You will be employed by the Employer in accordance with the terms and conditions set out in this Contract (the "Contract").

2.2 Your employment under this Contract will commence on ________ ("the Commencement Date").

2.3 Your period of continuous employment with the Employer (for the purposes of the Employment Rights Act 1996) commenced on ________. You shall continue to be treated as having commenced continuous employment on ________.

2.4 Your employment under this Contract is, and remains throughout, conditional upon you being and remaining entitled to live and work in the United Kingdom in accordance with the Immigration, Asylum and Nationality Act 2006. You agree to provide such documentary evidence of your right to work as the Employer may reasonably require.

2.5 Your employment shall continue as a permanent engagement until terminated in accordance with the terms of this Contract or by operation of law.

3. Job Title and Duties

3.1 You are employed in the role of ________ and will be employed to undertake the following duties:

________

3.2 During your employment:

A. you may from time to time be required to carry out different or additional duties as a reasonable requirement of the Employer's business;

B. you are required to comply with all policies, procedures and workplace rules notified to you by the Employer; and

C. you must carry out your duties with honesty, integrity and reasonable skill and care, and carry out all reasonable and lawful instructions given to you by the Employer.

3.3 You shall devote the whole of your working time, attention and abilities to your duties and shall not, without the prior written consent of the Employer, be engaged or interested in any other business which conflicts with the interests of the Employer.

4. Probationary Period

4.1 Your appointment and general employment is not subject to any probationary period.

5. Notice of Termination

5.1 This Contract may be terminated by the Employer giving you written notice of not less than:

A. one (1) week where you have been continuously employed for one (1) month or more but less than two (2) years;

B. one (1) week for each complete year of continuous employment where you have been continuously employed for two (2) years or more but less than twelve (12) years; and

C. twelve (12) weeks where you have been continuously employed for twelve (12) years or more,

being the minimum statutory notice required under section 86 of the Employment Rights Act 1996.

5.2 This Contract may be terminated by you giving the Employer written notice of not less than one (1) week.

5.3 The Employer reserves the right, in its absolute discretion, to terminate your employment at any time by paying you in lieu of all or any part of the notice period (such payment comprising basic salary only).

5.4 Nothing in this clause prevents the Employer from terminating your employment summarily without notice or payment in lieu of notice in cases of gross misconduct or other repudiatory breach.

6. Remuneration

6.1 The Employer will pay you £________ (________) per hour (your "Pay"). Your Pay shall be no less than the National Minimum Wage / National Living Wage applicable under the National Minimum Wage Act 1998 and regulations made thereunder.

6.2 Your Pay shall be paid weekly in arrears (covering the previous pay period) on: ________.

6.3 Your Pay shall be paid by: ________.

6.4 Your Pay shall be subject to deductions of income tax and National Insurance contributions and any other deductions required or authorised by law.

6.5 You agree, for the purposes of section 13 of the Employment Rights Act 1996, that the Employer may deduct from your Pay or other sums due to you any amount which you owe to the Employer, including (without limitation) overpayments of wages, sums in respect of unreturned property, and excess holiday taken.

7. Place of Work and Mobility

7.1 It is agreed that you shall work remotely and your normal place of work shall therefore be your home address at:

________ (your "Remote Place of Work").

7.2 Notwithstanding clause 7.1, you may be required to perform your duties at such other place or places as the Employer may reasonably require from time to time.

8. Work Outside the United Kingdom

8.1 You shall not be required to work outside the United Kingdom for any continuous period of more than one (1) month during your employment.

9. Trial Period for Remote Working Arrangements

9.1 The arrangements for you to work remotely (as set out in clause 7) are subject to a trial period on the terms set out below.

9.2 The first ________ month(s) of remote working following the Commencement Date shall constitute the trial period (the "Trial Period").

9.3 The remote working arrangement may be terminated during the Trial Period where the Employer reasonably considers it no longer to be appropriate.

9.4 On termination of the remote working arrangement during the Trial Period, your place of work shall thereafter be:

________ (your "Formal Place of Work").

9.5 You will be given ________ week(s) written notice of any termination of the remote working arrangements.

9.6 At the conclusion of the Trial Period you shall be notified of the outcome in writing, which may include (without limitation):

A. confirmation that the remote working arrangements shall continue for the remainder of your employment;

B. a further extension of the Trial Period; or

C. termination of the remote working arrangements and a return to your Formal Place of Work.

9.7 The success of the Trial Period will be reviewed by:

________

9.8 Any appeal against the decision made in respect of the Trial Period must be made in writing within ________ week(s) of the decision, and should be addressed to: ________.

10. Right to Terminate Remote Working after the Trial Period

10.1 The Employer reserves the right to terminate the remote working arrangements at any time after the Trial Period where they are no longer reasonably considered suitable for the needs of its business. In such circumstances you shall be given ________ week(s) written notice that your place of work shall change to your Formal Place of Work.

10.2 The Employer shall give proper consideration to any written request by you to change your place of work to your Formal Place of Work.

11. Change to Your Home Address

11.1 You must notify the Employer as soon as reasonably practicable of any change to your home address.

12. Hours of Work

12.1 Your normal hours of work are ________ hours per week. Your working pattern shall be as follows:

________

12.2 You are entitled to rest breaks and rest periods in accordance with the Working Time Regulations 1998. It is your responsibility to ensure that you take your allocated breaks.

12.3 The Employer may vary your hours of work or the pattern of your normal hours where reasonably necessary for the purposes of its business. Any variation shall be determined as follows:

________

12.4 Where the Employer reasonably considers it necessary, you may be asked to work additional hours ("Overtime"). You shall not be required to work more than an average of 48 hours per week (averaged over a 17-week reference period) for the purposes of regulation 4 of the Working Time Regulations 1998, and in any event no more than a total of 40 hours per week for the purposes of any Overtime.

12.5 For Overtime you will be paid:

________

12.6 Any Overtime shall be determined, managed and authorised as follows:

________

13. Communication and Development During Remote Working

13.1 During your remote working hours you must remain contactable wherever possible in the following manner:

________

13.2 During your remote working hours you shall report any issues regarding your work, or the arrangement generally, in the following manner:

________

13.3 During your remote working hours the standard of your work and the hours you work shall be reviewed in the following manner:

________

13.4 Whilst working remotely, you shall be offered opportunities for training, development and progression in the following manner:

________

14. Holidays

14.1 You will be entitled to the following paid holiday in each holiday year (inclusive of bank and public holidays unless otherwise stated):

________

14.2 Your entitlement shall in no event be less than the statutory minimum of 5.6 weeks' paid annual leave under the Working Time Regulations 1998. The holiday year runs for one calendar year from the Commencement Date in each year.

14.3 Your annual leave entitlement must be taken in the holiday year in which it accrues and may not, save as required by law, be carried forward.

14.4 All annual leave must be authorised in advance by the Employer. Requests should be made no less than ________ week(s) prior to the desired period of leave.

14.5 On termination of your employment you will be paid in lieu of any accrued but untaken statutory holiday entitlement up to the date of termination. Any holiday taken in excess of your accrued entitlement on termination shall be deducted from your final pay, and you authorise such deduction for the purposes of section 13 of the Employment Rights Act 1996.

15. Sickness Absence and Sick Pay

15.1 If you are absent from work for any reason you must notify the Employer in the following manner:

________

15.2 Where you are working remotely, you must report any sickness absence using the following method:

________

15.3 Subject to your compliance with the Employer's sickness absence procedures and to the eligibility conditions, you may be entitled to Statutory Sick Pay ("SSP") in accordance with the Social Security Contributions and Benefits Act 1992. In addition, you may be eligible for contractual sick pay ("Contractual Sick Pay") on the following terms:

A. Contractual Sick Pay means payment of your normal pay for any period of absence of up to ________ week(s) per calendar year;

B. payments of Contractual Sick Pay are inclusive of any SSP to which you are entitled at the relevant time; and

C. your eligibility for Contractual Sick Pay (over and above SSP) remains at the absolute discretion of the Employer.

15.4 The Employer may require you to attend an examination by a medical practitioner nominated by it (at the Employer's expense) in order to manage your employment and assess the proper administration of sick pay, and you consent to such examination and to the disclosure of any resulting report to the Employer.

16. Additional Paid Leave

16.1 During your employment you may be eligible for periods of paid leave in addition to those described in clauses 14 and 15, which may include (without limitation) family-related leave under the Employment Rights Act 1996 (such as maternity, paternity, adoption, shared parental and parental leave) and:

________

16.2 Your eligibility for any additional paid leave shall be determined upon request and shall be subject to your satisfying any applicable statutory conditions and criteria.

17. Health and Safety for Remote Working

17.1 You shall permit the Employer to carry out all necessary health and safety risk assessments relevant to your health, safety and wellbeing whilst working remotely, in accordance with the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999.

17.2 You shall be issued with health and safety policies and guidelines relevant to remote working. By signing this Contract you undertake to comply with such policies and guidelines and to take reasonable care of your own health and safety and that of others affected by your acts or omissions.

18. Disciplinary Procedure

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18.2 The Employer reserves the right to suspend you from all or some of your duties on full pay where a proper disciplinary investigation requires it. The terms of any suspension shall be confirmed to you in writing.

18.3 Where you wish to appeal any final disciplinary decision, you have the right to do so in accordance with the disciplinary procedure. Any such appeal should be made in writing to ________.

19. Grievance Procedure

19.1 If you wish to raise a grievance, you should set this out in writing to ________ in accordance with the Employer's grievance procedure, which does not form part of this Contract. A copy will be provided to you and you agree to read the same.

19.2 Where you wish to appeal any final grievance decision, you have the right to do so in accordance with the grievance procedure. Any such appeal should be made in writing to ________.

20. Pensions

20.1 The Employer will comply with its automatic enrolment obligations under the Pensions Act 2008 in respect of any pay reference period in which you meet the qualifying criteria. Where you are an eligible jobholder, you will be automatically enrolled into a qualifying workplace pension scheme; where you are not, you may be entitled to opt in. The details of the relevant scheme shall be provided to you separately in the form of: ________.

21. Expenses

21.1 The Employer will reimburse you for reasonable expenses properly and necessarily incurred by you in the performance of your duties, subject to production of receipts or other evidence and to authorisation in accordance with its procedure as set out in: ________.

21.2 The Employer shall be responsible for the reimbursement of reasonable expenses arising directly out of remote work undertaken by you, which are defined as follows:

________

22. Equipment for Remote Working

22.1 You shall be provided with the following equipment to enable you to undertake your duties remotely:

________

22.2 Such equipment remains the property of the Employer at all times. You agree to take reasonable care of it and to report any damage, loss or theft without delay.

22.3 All equipment provided to you by the Employer shall be returned to it in good condition (fair wear and tear excepted) on termination of your employment or earlier upon request.

23. Insurance

23.1 The Employer shall maintain a valid employers' liability insurance policy in accordance with the Employers' Liability (Compulsory Insurance) Act 1969.

23.2 The Employer shall ensure that its employers' liability insurance covers you whilst you are working remotely.

23.3 You will be responsible for taking out and maintaining proper insurance to cover the following equipment, and shall keep such policy valid as a condition of the remote working arrangements:

________

24. Training

24.1 Save for any training necessary to enable you to comply with applicable health and safety, data protection and statutory requirements, no compulsory training is required of you during your employment.

25. Other Benefits

25.1 The following benefits may be made available to you during your employment:

________

25.2 Any such benefits are non-contractual, are subject to the rules of the relevant scheme or provider from time to time, and may be varied or withdrawn by the Employer on reasonable notice.

26. Collective Agreements

26.1 The terms and conditions of your employment are affected by the following collective agreements made between the parties set out below:

________

26.2 Further details of any relevant collective agreements can be obtained from ________.

27. Confidential Information

27.1 During your employment you will be provided with or exposed to confidential information.

27.2 "Confidential Information" means information which:

A. is provided to you directly or indirectly through your employment, giving rise to a duty of confidence;

B. relates to the Employer's business and is either marked or otherwise treated as confidential by the Employer;

C. is not in the public domain; and

D. would, if used in an unauthorised manner, be detrimental to the Employer's business.

27.3 You must at all times during your employment maintain the proper security of Confidential Information.

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27.5 All documents, materials and records (in whatever medium) containing Confidential Information which are made or held by you during the course of your employment remain the property of the Employer and must be returned to the Employer on termination of your employment or at any time upon request.

28. Data Protection

28.1 It will be necessary for the Employer to collect and process personal data relating to you during the course of your employment. The Employer will do so as a controller in accordance with the UK General Data Protection Regulation and the Data Protection Act 2018.

28.2 Such personal data will be collected, processed and/or transferred only in accordance with the Employer's privacy notice (the "Privacy Notice"), which can be found at: ________.

28.3 You must comply with the data protection policies, procedures and rules applicable to employees as set out by the Employer from time to time.

29. Data Protection and Confidentiality During Remote Working

29.1 During all periods of remote work, you shall maintain the proper security of Confidential Information and comply with all applicable data protection requirements in the following manner:

________

30. Variation

30.1 The Employer reserves the right to make reasonable changes to any of the terms of your employment, which will be notified to you in writing in accordance with section 4 of the Employment Rights Act 1996 at the earliest opportunity and in any event within one month of the change.

31. Third Party Rights

31.1 A person who is not a party to this Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.

32. Entire Agreement and Governing Law

32.1 This Contract, together with any documents referred to within it, constitutes the entire agreement between the parties and supersedes any previous agreements, arrangements or understandings between them, whether written or oral, relating to your employment.

32.2 This Contract shall be governed by and construed in accordance with the law of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

Agreed by the parties

______________________
Signed by ________ (the Employee)


______________________
Date: ________

______________________
Signed by ________
for and on behalf of ________ (the Employer)


______________________
Date: ________