Category Archives: Contracts & Bonuses

Christmas bonuses: Your legal questions answered

Employment law & the festive season The festive season is approaching and, as a change from providing guidance on office parties, we focus on another seasonal topic instead – which is that of Christmas bonuses. Christmas bonuses are a great way of rewarding staff and what better way to add to the festive cheer and […]

Santan-don’t: The pitfalls of withdrawing an employment offer

What are the potential ramifications for an employer who makes an employment offer and then rescinds it? As has been reported recently, the Spanish banking giant Santander took the controversial decision to withdraw an employment offer it made to then-head of investment banking at UBS, Andrea Orcel. The case, although extreme, highlights the potential ramifications […]

Changing Employee Terms and Conditions: A Quick Guide

Changes to Employment Contract Terms There may be times that arise where you need to make a change to employee terms and conditions, such as hours, place of work, job description etc. On most occasions the changes are easy as they will be agreed, for example increases to wages or salary. Other times the changes […]

The Danger of Poorly Drafted Contracts

Costly Fixed Term Contract Terms The importance of checking your employee contract terms and making sure that they are fit for your purposes was illustrated by a recent case decided by the Employment Tribunal. The Law When two parties enter into a contract they are promising to each act in accordance with the terms agreed, […]

Constructive Dismissal: Leeds United FC Case 2016

Constructive dismissal & offers to settle In a recent case decided by the High Court the question of whether an employee, who tries to negotiate a settlement and then subsequently resigns, can make a claim for breach of contract was considered. The Law Constructive dismissal arises where the employer does not dismiss the employee but […]

When is an absence procedure contractual?

Procedures, Handbooks & incorporation into your employee contracts There is a legal requirement to provide employees with minimum terms of employment, known as Section 1 terms. In addition an employer is required to have a disciplinary and grievance procedure in place or at least refer to such procedure in the Section 1 terms. In addition to the […]

Focus on Restrictive Covenants

Restrictive Covenants: Why are they important for your business? I have been contacted recently by several employers who have run into difficulty with employees who have left to work for a competitor or to set up in competition and have started to contact the employer’s customers. If you run your own business and particularly if […]

Discretionary Bonus Schemes: How much discretion?

Does an employer have ‘complete’ discretion?  Many employers will have a bonus scheme which is stipulated to be solely at the discretion of the employer. The reason for this is that it enables flexibility for the employer and does not, normally, create a binding obligation upon them to pay the bonus. In the recent case, […]

Zero Hour Contracts – News

  Zero hour contracts and anti-avoidance Zero hour contracts have grown in popularity in recent years and are increasingly used by employers to provide flexibility of the workforce. As a result of their growth in popularity there are some employers who have been using zero hour contracts to avoid employee rights and there have been […]

Can you rely on an employee’s breach of contract to avoid paying notice pay?

The one with the obscene, pornographic email and the Director of a football club This weeks’ case is a really interesting one, and the fact that it involves a Football Club as the employer has made it even more high profile. The case this week involves a situation where the employer, Leeds United Football Club, […]

Making changes to a Staff Handbook?

Can an employer make a change to a policy without their employees agreement? In a recent case in the High Court the question of whether an employer can make changes to a staff handbook without their employees consent to the changes was decided. The Facts The employer in this case was the Department for Transport […]

Discretionary Bonuses: How much discretion do you have?

    Contractual Bonus Clauses & Discretion In a recent case heard by the High Court the question of discretionary bonuses and how the discretion can be exercised was discussed and decided in what was a very high value case for both parties involved. The Law Contracts between and employer and an employee are like […]

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