Morgan Russell Solicitors

Contractual Documentation

Contractual Documentation

Employment Law Update Seminar - August 2011

Please click on the below link to access the handout from the Employment Law Update Seminar given by Melanie Smith in August 2011.

Employment Law Update Seminar - August 2011

If you have any questions regarding the above or require additional information or assistance, please contact Melanie Smith on +44 (0)1372 461411.

Employee or self employed? (extract from August 2011 edition of Employment Law News)

Many employment law rights (such as unfair dismissal and statutory redundancy pay) are restricted to "employees" as defined.  It is usually obvious whether a person has a contract of employment (i.e. a contract of service between an employer and an employee) or a contract for services (i.e. made by an employer with an independent contractor/self-employed person).  Perhaps a simple and straightforward example of the difference is the contrast between the jobs of chauffeur and taxi-driver.

In some ways, the debate over whether someone is an employee (or worker) or self-employed has perhaps become something of an "old chestnut".  Yet no matter how many cases give guidance on how to approach the question, grey areas remain.  One such common grey area has been the extent to which any written contract should provide the answer.  Many outside the law would be surprised to learn that the contract is, in itself, by no means determinative.

Continue reading Employee or self employed? (extract from August 2011 edition of Employment Law News)

Commercial and Employment Law Newsflash - Important Reminder of Recent Changes to the Law (July 2011)

THE BRIBERY ACT 2010

The Bribery Act 2010 came into force on 1st July 2011.  It is important that you take action to protect your business and your directors from claims under the Act.  Please follow this link to the Morgan Russell Bribery Act article and you can also read the guidance to the Act here.

Continue reading Commercial and Employment Law Newsflash - Important Reminder of Recent Changes to the Law (July 2011)

Implications for the Loss of Default Retirement Age (part of a talk given by Melanie Smith on 7 April 2021)

  1. Introduction
  2. Summary of Key Dates
  3. Main Implications
  4. Options for Employers after 5th April 2011
  5. Retirement in Context - Age Discrimination
  6. Case Law on Objective Justification
  7. What is the Risk/Quantum of Risk
  8. Other Impacts? Insured Benefits and Pension Schemes; Good/Bad Leaver Provisions
  9. Next Steps for Employers

Continue reading Implications for the Loss of Default Retirement Age (part of a talk given by Melanie Smith on 7 April 2021)

Bank Holidays (extract from May 2011 edition of Employment Law News)

The recent Royal Wedding serves as a timely reminder of the fact that workers have no statutory entitlement to time off on bank or public holidays (yes, technically they are different). 

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HMRC's view of whether an individual is an "employee" (extract from March 2011 edition of Employment Law News)

A recent case reemphasises that just because the taxman regards a person as being an employee, it does not follow that that is the correct position in law.

Mark Fitzpatrick is a designer in the aerospace field.  He set up his own company, of which he was the sole director and only employee, to provide his services.   The company (MBF Design Services Ltd (“MBF”)) then contracted with Airbus, via two intermediaries, to provide his services to Airbus in connection with the design of their A380 aircraft.  MBF received fee income from Airbus.

Continue reading HMRC's view of whether an individual is an "employee" (extract from March 2011 edition of Employment Law News)

Employment Contracts - Change in Terms and Conditions of Employment

1.            General legal position

The common law position is that a contract may only be amended in accordance with its terms and conditions and or/the consent of both parties. 

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Employment Contracts - Operating the Contract in Practice (Implied Terms)

The written contract of employment does not exist in isolation:

1.         Implied terms

Many terms are not expressed in contracts but are implied into the contract by either common law or statute.  Employers need to be aware of the main implied terms to draft effective contracts, make appropriate management decisions and ensure they do not act in a way which may destroy the working relationship.

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Employment Contracts - Key Ingredients

As a preliminary point, it is worth briefly discussing what a contract is. A contract is an agreement which gives rise to legally enforceable obligations for the parties to it.

A contract is formed when an offer containing the basic terms of the agreement is made by one party and in response the other party accepts the exact terms of that offer with no variation. Such acceptance must be final, unqualified and communicated to the offeror.  However, a contract will not be formed unless there is consideration and intention to create legal relations. There will be consideration providing the promisee gives or promises something in exchange.

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Employment Contracts - Statement

By virtue of section 1 of the Employment Rights Act 1996 (“ERA”), an employer is obliged to provide an employee with a statement of minimum terms which apply to the employment.  This is often referred to as a “section 1 statement”.  Sometimes, such a statement is used while a more detailed and tailored contract of employment is being drawn up. 

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