Contracts, handbooks and policies or issues arising from them
Protect Your Business with Tailored Contracts and Policies
One issue which frequently pops up when advising new clients is the effectiveness of template contracts / handbooks which clients have downloaded from the internet. Such contracts/ handbooks are often out of date, not fit for purpose and provide little protection to the employer on issues such as probationary periods, holiday pay and restrictive covenants. A further issue which clients have experienced by using poor templates is they have accidentally converted a non-contractual benefit or procedure into a contractual one. This could prove costly. Employers should also be aware that if employees bring a separate, successful claim in the employment tribunal, they may be entitled to up to 4 weeks’ pay (capped at the statutory maximum) for the employer’s failure to provide a compliant written statement. If you would like Kate to carry out an audit of your contracts and policies, please do not hesitate to get in touch.
Overly complicated policies
Your handbook or company policies should be both clear and easy to understand. A handbook not only communicates key messages on company culture and values but provides guidance on important issues such as disciplinary and grievance procedures, bullying and harassment, whistleblowing and absence management. One area which consistently causes problems in practice is an over-complicated disciplinary procedure with paragraphs on “serious misconduct” or “unsatisfactory conduct” together with gross misconduct. Get in touch to simplify your disciplinary procedures.
Tailored contracts / agreements
Kate regularly drafts contracts for clients in a range of circumstances whether for junior or senior appointments, directors, apprentices or consultants. As Kate mainly acts for businesses, Kate prepares agreements with employer-friendly clauses in mind.
Advice on restrictive covenants
Kate is experienced in both drafting restrictive covenants and advising on the prospects of enforcing them. To protect your business interests when someone leaves, it is important to include restrictive covenants which are tailored to the specific risks posed by that individual. The promotion of staff is a key time to review whether you have appropriate covenants in place.
Holiday pay
Your policies should complement your contracts on holiday pay issues. Template contracts/ policies often fail to deal with limits on the carry-over of leave, payment of accrued leave on termination, the order of leave under the Working Time Regulations (this is particularly important for staff who regularly work overtime, receive commission or other allowances) and lastly, the calculation of holiday pay for part-year workers or those working irregular hours.
Director’s service agreement
Kate regularly prepares director service agreements for companies. As Kate mainly acts for businesses, Kate is experienced in drafting pro-employer agreements which protect the business on issues such as director duties, restrictive covenants, obligations on termination and garden leave.
Consultancy agreements
Kate is experienced in drafting consultancy agreements. Kate also advises clients on employment status issues and the application of IR35/ off-payroll working rules. If you require further advice in this area, contact Kate today.
Kate Walsh Consulting
Call Kate today on
07549894819
Contracts, handbooks and policies or issues arising from them
One issue which frequently pops up when advising new clients is the effectiveness of template contracts / handbooks which clients have downloaded from the internet. Such contracts/ handbooks are often out of date, not fit for purpose and provide little protection to the employer on issues such as probationary periods, holiday pay and restrictive covenants.
A further issue which clients have experienced by using poor templates is they have accidentally converted a non-contractual benefit or procedure into a contractual one. This could prove costly.
Employers should also be aware that if employees bring a separate, successful claim in the employment tribunal, they may be entitled to up to 4 weeks’ pay (capped at the statutory maximum) for the employer’s failure to provide a compliant written statement.
If you would like Kate to carry out an audit of your contracts and policies, please do not hesitate to get in touch.
