Running your business

Running your business

 

When you are running your business, you want to be focused on the things that make you money, and not worrying about non-core functions such as legal. That being said having an understanding is key. 

This section covers a number of different legal matters that might come up while you are running your business.

Hiring & Managing employees
Hiring & Managing employees

Find great staff, nurture them and build a great team.

HR Policies
HR Policies

Stay legally protected.

Protecting your IP
Protecting your IP

"Kill Piracy;Save Creativity" K.C.Kankanla

Business Relationships
Business Relationships

Building solid, lasting business relationships.

Running an online business
Running an online business

Making your online shop legally compliant.

Buying & Selling Goods and Services
Buying & Selling Goods and Services

Are you ticking all the right boxes?

Managing a company
Managing a company

Get your business under control

Settlement agreement and references
Settlement agreement and references

What is a settlement agreement?

Commercial notices
Commercial notices

Get it right first time!

Sale and purchase of Commercial Property
Sale and purchase of Commercial Property

Pragmatic, strategic, commercial and forward-thinking.

Letting a commercial property
Letting a commercial property

Solid legal support for your business.

Buying and Selling a business
Buying and Selling a business

Expert down to earth legal advice.

Operating as a sole trader
Operating as a sole trader

Business basics for sole traders.

Health and Safety
Health and Safety

Laying down the ground work.

Negotiating an existing agreement
Negotiating an existing agreement

Changing a contract.

Managing employee performance
Managing employee performance

Empower your team.

Reorganisation and Redundancy
Reorganisation and Redundancy

Preparation is key.

Planning & Highways
Planning & Highways

Do i need permission or not?

 

Hiring & Managing Employees

Licence to assign


What is it? If you are a landlord of commercial property, and your lease to your tenant includes a provision that says that your tenant cannot assign the lease to another (the “assignee”) without your consent and your tenant wants to assign or transfer their lease obligations to another commercial tenant you need a licence to assign to give them your consent. Why is it important? If the lease absolutely prevents assignment, then you can refuse consent without stating a reason. However, if the lease prohibits assignment without the landlord’s consent the landlord must have a good reason for refusing consent. If the tenant considers that the landlord’s reason is unreasonable the tenant can challenge the refusal in court. A tenant’s request to assign the lease may be made orally, by letter or by email as there is no prescribed form for a tenant’s application for consent to assign. A landlord can charge a tenant a fee to register an assignment. Landlords generally insist that the tenant or lessee gives a guarantee (Authorised Guarantee Agreement “AGA”) in the lease to be responsible for any breaches of covenants by the assignee so that the landlord can claim against the original tenant if the assignee breaches any of its obligations under the lease.




Licence to sublet


What is it? A licence to sublet is an agreement between a landlord and a tenant that gives the tenant the right to sublet part or the whole of the property to another tenant (the “sub-tenant”). If the lease absolutely prevents sub-letting, then you can refuse consent without stating a reason. However, if the lease prohibits sub-letting without the landlord’s consent the landlord must have a good reason for refusing consent. If the tenant considers that the landlord’s reason is unreasonable the tenant can challenge the refusal in court. Why is it important? Where there is a sub-lease the sub-lessee’s landlord is the tenant or lessee so if the sub-lessee breaches its obligations under the sub-lease the lessee or tenant is the only person entitled to take action against the sub-lessee. Landlords generally insist that the sub-tenant joins in the licence to sublet so that the landlord can claim against the sub-tenant if there is any breach of its obligations under the sub-lease.




Sale Agreement


What is it? If you are selling a commercial property, we will prepare the sale contract and related documents, deal with all enquiries raised by the buyer’s solicitors, report to you and advise you and once the contract has been agreed, complete the transaction as quickly and effectively as possible.




Purchase Agreement


What is it? If you are buying a commercial property we will review, amend and advise you on the contract, raise all relevant enquiries, conduct searches, report to you, advise you and then once the parties have agreed the contract complete and register the conveyance as quickly and effectively as possible





HR Policies

At risk of redundancy letter


What is it? This is a letter that can be used to inform the employee that the employee is at risk of being made redundant.




Dismissal for redundancy letter


What is it? This is a letter that can be used to inform the employee that the employee is being dismissed for redundancy reasons. Why is it important? It is best practice for the employee to be given the right of appeal against redundancy.




Invitation to a redundancy appeal meeting


What is it? This is a letter to an employee inviting them to a redundancy appeal meeting.




Redundancy consultation letter


What is it? This is a letter to an employee informing them of the redundancy consultation procedure. Why is it important? The letter should contain details of the consultation procedure.





Protecting your IP

Terms and conditions for supply of services to business customers


What is it? Terms and conditions set out the rules and specifications which apply in every supply of services that a seller makes and helps to make everyone aware of their rights and obligations from the outset. Why is it important? Make sure you protect your business interests with professionally prepared terms and conditions. When supplying services to a business your terms and conditions should cover issues such as timing and termination of supply, orders, specifications, obligations, pricing, payment, intellectual property, confidentiality, warranties, liability and termination.




Terms and conditions for sale of goods to business customers


What is it? Terms and conditions set out the rules and specifications which apply in every sale of goods that a seller makes and helps to make everyone aware of their rights and obligations from the outset. Why is it important? When selling goods to a business your terms and conditions should cover the nature of products to be sold, orders, delivery, pricing, payment, risk, warranties, defects, liability and confidentiality.




Terms and conditions for supply of services to consumers/businesses


What is it?

There are different terms and conditions for the supply of services to businesses (B2B contracts) and the supply of services to consumers(B2C contracts). When a business deals with a consumer (ie someone who buys goods or services for personal use, as opposed to buying the goods or services on behalf of a business) the consumer is given more legal protection than a business.

Why is it important?

Any business that is entering into a contract with a consumer must abide by a wide range of consumer law requirements such as the Consumer Rights Act 2015, the Sale of Goods Act and Supply of Goods and Services Act , the Consumer Contracts Regulations , the Misrepresentation Act and the Data Protection Act.

Risks

The T&Cs for supply of services to consumers should be used when

  • You are supplying services with or without goods to customers not acting in the course of a business (i.e. consumers).

The T&Cs for supply of services to businesses should be used when

  • You are supplying services with or without goods to customers acting in the course of a business (i.e. Businesses).




Consent Notices


What is it? The law provides that if your website is based in the EU or if you are targeting customers in the EU and your site uses one or more cookies you need to display a cookie consent notice. To comply with the law your need to do three things Let users to your website know that you are using cookies. Provide a link where they can learn more about how you use the data you gather. Provide a way for your website users to consent to the use of cookies. Consent can be explicit opt-in consent and implied consent. For explicit consent, users have to click a button, select a checkbox or complete some other specific activity to opt in to the use of cookies. The most common way to do this is to display a banner at the top or bottom of your website with a link to your Privacy policy and a button to consent to the use of cookies and hide the banner. For implied consent a clear notice must be provided, and the user must be made aware that a specific action will be understood to be implied consent to the use of cookies. One way that implied consent is obtained is by displaying a prominent cookie notice that ends with a statement like “By continuing to use this site you agree to the use of cookies”. The law applies whether a user is on a smartphone, tablet, a laptop, computer or other device. So when you set up your cookie notice you must ensure that the notice appears and functions well on all devices. There are also plugins for Cookie consent notices.




Terms and conditions for sale of goods to consumers/businesses


What is it?

There are different terms and conditions for the sale of goods to businesses (B2B) and the sale of goods to consumers(B2C).

Why is it important?

The T&Cs for sale of goods to consumers should be used when

  • You are supplying goods with or without services to customers not acting in the course of a business (i.e. consumers)

The T&Cs for sale of goods to businesses should be used when

  • You are supplying goods with or without services to customers acting in the course of a business (i.e. businesses)




Terms and conditions for sale of goods to consumers via a website





Terms and conditions for supply of services to consumers via a website





Heads of terms


What is it? This is similar to a Memorandum of Understanding (MOU)s, Term sheet or Letter of intent. The heads of terms set out the key terms agreed by the parties before entering a business transaction. It is not contractually binding. Heads of Terms are usually set out in a letter or document setting out the key terms agreed by parties who intend to enter a binding contract. It is also known as Letter of Intent, a Memorandum of Understanding (MOU) or a Term Sheet. It is a useful tool when two or more parties intend to enter a future contract and want to identify, describe and agree, without it being contractually binding, the terms to be further negotiated and then recorded in a contractually binding contract. There will occasionally be statements in heads of terms which are exceptions to the general approach that heads of terms are not binding: this will occur if the parties put in statements which heads of terms expressly state are to be of legally binding effect until a definitive contract is signed. If that is the case those statements will generally be binding. Why is it important? Heads of terms are useful to set out the progress made during negotiations, reduce the potential for misunderstandings, indicate the major issues which still need to be resolved and make it clear what the parties intend when they enter into the contract. The disadvantage of Heads of terms is that it can take up a considerable amount of time and may distract the parties from working on negotiating a full and detailed binding contract. Risks There have been occasions when the parties to a proposed commercial arrangement never actually agree or sign a definite contract and have gone on to implement their deal based only on the Heads of terms. This creates a very uncertain legal position which may lead to disputes and legal problems.




Letter of intent (LOI)


What is it? A Letter of Intent is a pre-contract, non-binding document setting out the key terms agreed by parties who intend to enter into a binding contract. It is also known as Heads of Terms, a Memorandum of Understanding (MOU) or a Term Sheet. It is a useful tool when two or more parties intend to enter into a future contract and want to identify, describe and agree, without it being contractually binding, the terms to be further negotiated and then recorded in a contractually binding contract. There will occasionally be statements in a letter of intent which are exceptions to the general approach that a letter of intent is not binding: this will occur if the parties put in statements which the letter of intent expressly states are to be of legally binding effect until a definitive contract is signed. If that is the case those statements will generally be binding. Why is it important? A letter of intent is useful to set out the progress made during negotiations, reduce the potential for misunderstandings, indicate the major issues which still need to be resolved and make it clear what the parties intend when they enter into the contract. The disadvantage of a letter of intent is that it can take up a considerable amount of time and may distract the parties from working on negotiating a full and detailed binding contract. Risks There have been occasions when the parties to a proposed commercial arrangement never actually agree or sign a definite contract and have gone on to implement their deal based only on the letter of intent. This creates a very uncertain legal position which may result in disputes and legal problems.




Invoice


What is it? An invoice is a statement setting out the goods and or services that have been supplied by a seller to a buyer and the money owed for those goods and or services. It is created by a seller or supplier to request payment for goods sold and or services provided. It is also called a bill. Why is it important? It identifies the trading partners, specifies the terms of the deal and provides information on the payment figure, the available methods of payment and the payment terms i.e. the maximum amount of time that a buyer had to pay for the goods and or services that they have purchased from the seller.




Sales of goods agreements


What is it?

A Sale of Goods Agreement (sometimes called a Sales Agreement or Sales Contract) is a contract entered into between a buyer and a seller of goods for the sale and purchase of specific goods by the buyer. When you sell goods, you create a sale of goods contract.

Why is it important?

The terms in a sale of goods contract may vary depending on whether it is a sale to a consumer (i.e. a B2C contract ) or a sale to a business (i.e. a “commercial” sale or B2B contract.) A consumer is someone who buys goods or services for personal use, as opposed to buying the goods or services on behalf of a business. Consumers who act as the buyer in a contract for a sale of goods are given more legal protection than businesses. The legal protection is given to help the party considered to be the more vulnerable party to the contract ie the consumer as opposed to the business.

The sale of goods agreement will set out the seller and buyer’s obligations, the terms on which the seller is willing to sell and transfer the goods to the buyer, the nature of the goods to be sold, the price, payment terms, shipping and collection details, delivery time and what happens at the end of the contract.

Risks

A Sale of Goods Agreement can be made orally or in writing. However, having a well-written Sale of Goods Agreement can help protect one or both of the parties if there is a problem with the sale eg goods are late in arriving or the goods have been damaged or destroyed.




Purchase order


What is it? A purchase order is prepared by a buyer when the buyer orders goods or services from a seller. The purchase order will indicate the type of goods, quantity of goods and the price the buyer is willing to pay for the products and or services. Once the seller accepts the purchase order it becomes a legally binding contract as the seller has agreed to sell the goods and or services at the prices put forward by the buyer. The seller will then issue an invoice to the buyer based on the purchase order. Why is it important? Purchase orders are important for businesses as it is instrumental in tracking expenditure, makes orders easier to track, helps avoid audit problems and provides contractual legal protection for the buyer and the supplier. Alongside a purchase order system, it is vital that a company has strong credit management practices to safeguard cash flow from bad debts and late payment. A strong debt collection process is vital to ensure payment is made when the goods or services have been delivered. Invoice promptly and accurately and chase up with reminders. If a customer will not pay or ignores payment requests take action – Appoint a debt collection agency, take debt recovery action through the courts or pass the debt to a solicitor. Pure Business Law has experienced debt collection lawyers who can assist you with debt recovery.




Services agreement


What is it? A Service agreement also known as a Service contract or Contract for Services is a written agreement between a service provider and a customer setting out agreed terms for the supply of services. The terms should include details of the services to be provided, location of provision of the services, payment. Limitation of liability clause, tools or materials to be used, termination of the agreement, ownership of intellectual property clause and dispute resolution clauses. Why is it important? A services agreement is required when a business wants to engage another business to supply services. If your business is the service provider, you should use a service contract whenever you are hired by a customer to complete a service. If you are the customer and the service provider does not supply the contract, you can use a Service agreement to ensure that the terms of the service relationship are clear.





Managing licenses


Running an online business


Protecting your IP


Business Relationships


Writing a business plan


Business Relationships

Software Development Agreement


What is it? Software is intellectual property. A software development agreement is an agreement between a business or an individual and a developer by which the individual or business hires the developer to create and deliver a specific piece of software. Why is it important? This agreement is important as it clarifies the relationship between the developer and the hirer or employer. Risks When you engage a software developer if you want the software created to belong to your company or to you, you must ensure that you agree and insert an ownership clause in the agreement. If there is no ownership clause the software created by the developer will automatically belong to the developer even if your company has spent millions of pounds developing the software.




Freelancer Agreement


What is it? You may use a self-employed freelancer to do a specific task eg work on a project, design your website or do your marketing for a specific period.The standard contract used to hire a freelancer is a consultancy agreement. This agreement clarifies the basic terms of your relationship with the freelancer eg the work to be done, fees payable and other terms of the agreement eg a non-solicitation clause, confidentiality clause, data protection, ownership of any intellectual property created by the freelancer, indemnification clause for any losses you incur due to the freelancer’s breaches of third party intellectual property. Etc. A company consultancy agreement is used to hire a freelancer who operates through their own limited company. An individual consultancy agreement is used to hire a freelancer directly. Why is it important? More specialist freelancers may want you to sign up to their own bespoke terms and conditions when you instruct them. If that is the case you must ensure that you check all the clauses carefully to ensure that they do not conflict with your requirements and that you are happy with the terms eg consultant to be liable for breaches of your Intellectual property and third party intellectual property, confidentiality, fee payable, data protection, indemnification clause etc. Risks You should also ensure that you are aware of the IR35 tax rules. If a freelancer is providing services to you through a company your arrangement may be subject to the IR35 tax rules. This means that the freelancer may have to pay tax and national insurance as if they were employed by you. HMRC has a useful tool at www.gov.uk to enable businesses check employment status for tax purposes. From April 2020 if you are a medium or large business the responsibility for determining whether the IR35 tax rules applies to the consultancy and for payment of the income tax and national insurance on behalf of the freelancer lies with the company to whom the freelancer provides the services. If you are a “small business” (i.e. a business which satisfies two or more of the following requirements – i) a turnover of £10.2 million or less, ii) no more than 50 staff and iii) a balance sheet f no more than £5.1million the responsibility for determining whether the IR35 tax rules apply and for payment of the tax and national insurance lies with the freelancer.




Internship Agreement


What is it? An intern may be a volunteer, a worker or an employee. An internship agreement is an agreement between an intern and an employer where the intern agrees to provide their services in exchange for training provided by the employer or business with no expectation that the internship will result in employment with the business. Why is it important? If your intern will just be shadowing staff and will be unpaid you won’t need a contract but it is good practice to send your intern a letter confirming the agreement terms. If you want your intern to work for your business rather than just shadow staff your intern will either be an employee or a casual worker. Risks You must have a proper contract for their status and treat them accordingly. If your intern is an employee or a casual work you must pay them the national minimum wage(NMW). If you do not pay them the NMW you are at risk of HMRC prosecuting you or the intern suing you in court.




Staff Handbook


What is it? A Staff handbook is an important living document for your employees that sets out your company’s operational policies, values and culture for current and future employees. There is no legal obligation to have a staff handbook, however as there are certain policies that you must give your employees by law (eg disciplinary and grievance policies and health and safety policies) it is best practice to start a handbook when you hire your first employee as it sets expectations for what behaviour is acceptable and desirable across your business and can protect you legally. Why is it important? A staff handbook can be contractual or non-contractual(i.e. binding or non-binding). It is best practice to make it non-contractual so that you can change it at your discretion without having to consult staff. Make sure you keep your handbook updated to reflect the law and ensure that the issue date is clearly shown on the handbook. Risks If you do not have a staff handbook and you are in dispute or engaged in legal proceedings with an employee it will be more difficult to verify your policies and procedures.




Job description


What is it? A job description sets out the scope of the role (i.e. duties and responsibilities), any skills, experience and qualifications required, the ethos and culture of your business, salary and other staff benefits. It is important as it helps you clarify what you are looking for and will also help candidates determine whether they have the skills and experience for the role. Why is it important? Always review your job description before every recruitment exercise to ensure it accurately describes the job in question. Failing to do so may dissuade suitable candidates from applying or encourage unsuitable candidates to apply. Risks It is essential that you avoid using discriminatory words in your job description eg “bright, energetic, young man” or “ an Italian” person when you actually require someone who speaks Italian as these would indicate a preference based on gender, disability, age and ethnicity.




Job offer letter


What is it? You should always confirm a job offer in writing and ask the candidate to confirm their acceptance of the offer. Why is it important? A job offer letter is a letter offering employment after an interview and summarising the basic terms of employment (if you are providing the employment contract with the offer letter) or summarising the main employment terms (if you will not be providing the employment contract until a later date) Risks Always ensure that the offer letter specifies the conditions to which the offer is subject eg “subject to satisfactory references” and that you retain a signed copy of the offer letter and contract in the staff member’s personnel records.




Non-executive director letter of appointment


What is it? This is a formal letter appointing a person as a non-executive director of a company. It sets out the key terms of the appointment and the director’s duties and responsibilities. Why is it important? As a director is more likely to be exposed to confidential information and have more responsibility this contract will include clauses which help to protect the business’s interests eg garden leave, confidentiality, non-solicitation clauses and restrictive covenants.




Senior employment contract


What is it? This is a more complex contract of employment between a senior employee or director/executive and an employer . It sets out the employment terms and conditions of employment and the standard areas of the employment. Why is it important? As a senior executive is more likely to be exposed to confidential information and have more responsibility this contract will include clauses which help to protect the business’s interests eg garden leave, confidentiality, non-solicitation clauses and restrictive covenants and ensure any intellectual property created by the employee belongs to the business.




Zero hours contract


What is it? This is a casual agreement between an individual and a business where the worker works “as and when” the employer needs the labour. There is no guarantee of any set hours and the worker is not obliged to work the hours offered. Why is it important? A zero-hours contract should be used where the business simply wishes to hire a worker on a casual basis and would benefit from not having to give the worker a guaranteed number of hours and days of work. This contract is useful for seasonal work or special events eg in the agriculture business, hospitality and catering business; when a business is entering a new market and is unsure of how many staff members it will need; in cases of unexpected absence from work eg to provide cover where there is sudden sickness or absence from work etc. They are often used in the healthcare, agriculture, hotels, restaurants and education sectors. In the UK workers operating under zero-hours contracts are entitled to rest breaks, annual leave, sick pay and protection from discrimination and must be paid the national minimum wage for hours worked. Risks Zero-hours contracts are controversial due to the uncertainty of the work and the fact there is no guaranteed employment. They do however serve a purpose by providing a flexible labour market and a route into more permanent employment. You should ensure that your zero-hours contract clearly sets out your employee’s employee status, rights and obligations.




Consultancy agreement


What is it? A consultancy agreement is a contract between a self-employed person (Consultant) and a customer requiring the consultant’s services.It is similar to the standard contract used to hire a freelancer. Why is it important? This agreement clarifies the basic terms of your relationship with the freelancer eg the work to be done, fees payable and other terms of the agreement eg a non-solicitation clause, confidentiality clause, data protection, ownership of any intellectual property created by the freelancer, indemnification clause for any losses you incur due to the freelancer’s breaches of third party intellectual property. Etc. More specialist freelancers may want you to sign up to their own bespoke terms and conditions when you instruct them. If that is the case you must ensure that you check all the clauses carefully to ensure that they do not conflict with your requirements and that you are happy with the terms eg consultant to be liable for breaches of your Intellectual property and third party intellectual property, confidentiality, fee payable, data protection, indemnification clause etc. Risks You should also ensure that you are aware of the IR35 tax rules. If a freelancer is providing services to you through a company your arrangement may be subject to the IR35 tax rules. This means that the freelancer may have to pay tax and national insurance as if they were employed by you. HMRC has a useful tool at www.gov.uk to enable businesses check employment status for tax purposes. From April 2020 if you are a medium or large business the responsibility for determining whether the IR35 tax rules applies to the consultancy and for payment of the income tax and national insurance on behalf of the freelancer lies with the company to whom the freelancer provides the services. If you are a “small business” (i.e. a business which satisfies two or more of the following requirements – i) a turnover of £10.2 million or less, ii) no more than 50 staff and iii) a balance sheet f no more than £5.1million the responsibility for determining whether the IR35 tax rules apply and for payment of the tax and national insurance lies with the freelancer.




Employment contract


What is it? An employment contract is an agreement between the employer and employee setting out the rights and duties of the employer and employee. An employment agreement is vital as it forms the legal relationship between the employer and the employee. Why is it important? If you have employees, you are legally obliged to provide them with a written statement of their basic terms of employment in writing no later than two months after they start work. From 6 April 2020 this obligation will extend to casual workers and all new employees must be provided with this written statement and additional information on or before the staff member’s first day of work. Risks If things go wrong an employment agreement will clarify the legal relationship between the employer and employee and will help the court or tribunal in providing a solution in the event of a dispute between the employer and employee. Think of an employment contract as your passport to nurturing good employment relations with your staff and running a good, progressive business. If your employee will be part-time do note that part-time staff and fixed term staff (temporary employees) must be treated equally with full-time staff. This means that a part-time or temporary employee on the same role must get the same pay or benefits as a comparable full-time member of staff pro-rated for the length of time they will be with you. Comparable employees are those doing the same or broadly similar work at the same place of work or at a different location.




Change to employment terms letter


What is it?

As an employer sometimes you may have business reasons that means you need to change your employees terms and conditions of employment (eg basic rate, overtime, bonus, working location, duties and responsibilities, hours/days of work, holiday or sick pay entitlement). This is called a “variation” of the contracts of employment.

Why is it important?

You can only do this if (a) you have a provision in the contract that allows the change. This clause is usually called a “flexibility clause” and may be in your contract or Company Handbook. (b) the employees agree the change or (c) the employees representative eg a Trade Union agrees the change.

Risks

You must have sound business reasons for making any change and follow a fair consultation procedure with your employees before you introduce the changes. If the employees do not agree the change and you believe that it is a reasonable change you can force a new contract on your employees. However, this should be used only as a last resort as it could lead to an employee raising a grievance and ultimately a claim to an Employment Tribunal. Once the change has been agreed you should ensure that each employee signs the new contract to confirm the employee has accepted the change and that you keep a copy.

Please contact our employment solicitors if you are thinking of making a change to your employment contracts.




Working time directive opt out letter


What is it? The Working Time Directive prevents employees from being forced to work more than 48 hours per week unless they freely agree to opt out of the directive. To opt out of the 48 hours limit your employees can sign an “Opt-out of the Working Time Directive Agreement”. Why is it important? This is an agreement between an employer and a worker or employee for the purposes of the Working Time Regulations 1998 whereby the employee or worker agrees to opt-out of the maximum weekly working time limit of 48 hours for a period or indefinitely. Such agreements are usually signed by doctors, police officers a, long-haulage truck drivers and others whose jobs necessitate long working hours. Risks You cannot sack or treat your employee unfairly if they refused to opt out.




Probation letter


What is it? A probation letter is a letter by which an employer informs an employee that their probation period has finished and tells them the outcome of the probation. The outcome may be threefold: (a) that the employee has successfully completed their probationary period and their employment will continue OR (b) the employee’s probation will be extended as the employee’s performance needs to improve OR (c) the employee’s employment is being terminated as the employee has not met the company’s performance requirements. Our employment solicitors can provided you with a suite of sample employment probation letters to use as a guide. Employers should adapt the content to suit their requirements and or contact us for further advice if required.




Flexible working request


What is it? An employee can make a “flexible working request” to their employer if they want to work part-time instead of full-time, change their start and finishing times, work compressed hours(i.e. do their standard hours over fewer days), job-share or do “flexi-time”. Flexitime is where an employee is granted permission to be flexible with their start and finish times. Why is it important? The law provides that an employee has the right to make a flexible working request if (a) the employee has worked for their employer for at least 26 weeks (b) the member of staff is legally classed as an employee and (c) the employee has not made any other flexible working request in the last 12 months. By law, if the employee has the right to make the request the employer is obliged to look at the request fairly in accordance with the Acas Code of Practice on flexible working requests and, make a decision within 3 months.




Grievance letter


What is it?

A grievance is a concern, problem or complaint raised by an employee in the workplace about their work, their manager, other staff member or the workplace. It could be about the employee’s pay and benefits, work conditions, workload, bullying or harassment. There is no legally binding process that an employer must follow when handling a grievance at work. However, it is best practice as an employer to have a grievance procedure.

Why is it important?

A grievance procedure is one of the ways to resolve a problem at work. This procedure can be set out in the employment contract, company handbook, HR intranet site or in your Human Resources manual.

Risks

If you do not have a grievance procedure you should ensure that you follow the Acas Code of Practice on Disciplinary and Grievance procedures if an employee comes to you with a grievance.

When an employee raises a workplace grievance you must take them seriously. Whether or not the grievance is valid you must investigate the grievance as it could be having a negative effect on the staff concerned and may lead to disgruntled staff and loss of valuable staff. Having an informal chat when an employee comes to you with an issue may be all that is needed. If the chat does not resolve the problem, you must investigate the problem .An employee should not be dismissed or treated unfairly for raising a genuine grievance.

An employee who is disadvantaged or dismissed for raising a grievance can raise a claim in the Employment Tribunal for unfair dismissal or automatic unfair dismissal. An employee would usually be expected to lodge a grievance before claiming constructive dismissal otherwise any damages awarded the employee at the Employment Tribunal could be reduced.

Avoid grievances in your workplace by contacting Pure Business law, your expert employment lawyers.





Managing licenses


Running an online business


Protecting your IP


Business Relationships


Writing a business plan


Running an online business

At risk of redundancy letter


What is it? This is a letter that can be used to inform the employee that the employee is at risk of being made redundant.




Dismissal for redundancy letter


What is it? This is a letter that can be used to inform the employee that the employee is being dismissed for redundancy reasons. Why is it important? It is best practice for the employee to be given the right of appeal against redundancy.




Invitation to a redundancy appeal meeting


What is it? This is a letter to an employee inviting them to a redundancy appeal meeting.




Redundancy consultation letter


What is it? This is a letter to an employee informing them of the redundancy consultation procedure. Why is it important? The letter should contain details of the consultation procedure.





Buying & Selling Goods & Services

Software Development Agreement


What is it? Software is intellectual property. A software development agreement is an agreement between a business or an individual and a developer by which the individual or business hires the developer to create and deliver a specific piece of software. Why is it important? This agreement is important as it clarifies the relationship between the developer and the hirer or employer. Risks When you engage a software developer if you want the software created to belong to your company or to you, you must ensure that you agree and insert an ownership clause in the agreement. If there is no ownership clause the software created by the developer will automatically belong to the developer even if your company has spent millions of pounds developing the software.




Freelancer Agreement


What is it? You may use a self-employed freelancer to do a specific task eg work on a project, design your website or do your marketing for a specific period.The standard contract used to hire a freelancer is a consultancy agreement. This agreement clarifies the basic terms of your relationship with the freelancer eg the work to be done, fees payable and other terms of the agreement eg a non-solicitation clause, confidentiality clause, data protection, ownership of any intellectual property created by the freelancer, indemnification clause for any losses you incur due to the freelancer’s breaches of third party intellectual property. Etc. A company consultancy agreement is used to hire a freelancer who operates through their own limited company. An individual consultancy agreement is used to hire a freelancer directly. Why is it important? More specialist freelancers may want you to sign up to their own bespoke terms and conditions when you instruct them. If that is the case you must ensure that you check all the clauses carefully to ensure that they do not conflict with your requirements and that you are happy with the terms eg consultant to be liable for breaches of your Intellectual property and third party intellectual property, confidentiality, fee payable, data protection, indemnification clause etc. Risks You should also ensure that you are aware of the IR35 tax rules. If a freelancer is providing services to you through a company your arrangement may be subject to the IR35 tax rules. This means that the freelancer may have to pay tax and national insurance as if they were employed by you. HMRC has a useful tool at www.gov.uk to enable businesses check employment status for tax purposes. From April 2020 if you are a medium or large business the responsibility for determining whether the IR35 tax rules applies to the consultancy and for payment of the income tax and national insurance on behalf of the freelancer lies with the company to whom the freelancer provides the services. If you are a “small business” (i.e. a business which satisfies two or more of the following requirements – i) a turnover of £10.2 million or less, ii) no more than 50 staff and iii) a balance sheet f no more than £5.1million the responsibility for determining whether the IR35 tax rules apply and for payment of the tax and national insurance lies with the freelancer.




Internship Agreement


What is it? An intern may be a volunteer, a worker or an employee. An internship agreement is an agreement between an intern and an employer where the intern agrees to provide their services in exchange for training provided by the employer or business with no expectation that the internship will result in employment with the business. Why is it important? If your intern will just be shadowing staff and will be unpaid you won’t need a contract but it is good practice to send your intern a letter confirming the agreement terms. If you want your intern to work for your business rather than just shadow staff your intern will either be an employee or a casual worker. Risks You must have a proper contract for their status and treat them accordingly. If your intern is an employee or a casual work you must pay them the national minimum wage(NMW). If you do not pay them the NMW you are at risk of HMRC prosecuting you or the intern suing you in court.




Staff Handbook


What is it? A Staff handbook is an important living document for your employees that sets out your company’s operational policies, values and culture for current and future employees. There is no legal obligation to have a staff handbook, however as there are certain policies that you must give your employees by law (eg disciplinary and grievance policies and health and safety policies) it is best practice to start a handbook when you hire your first employee as it sets expectations for what behaviour is acceptable and desirable across your business and can protect you legally. Why is it important? A staff handbook can be contractual or non-contractual(i.e. binding or non-binding). It is best practice to make it non-contractual so that you can change it at your discretion without having to consult staff. Make sure you keep your handbook updated to reflect the law and ensure that the issue date is clearly shown on the handbook. Risks If you do not have a staff handbook and you are in dispute or engaged in legal proceedings with an employee it will be more difficult to verify your policies and procedures.




Job description


What is it? A job description sets out the scope of the role (i.e. duties and responsibilities), any skills, experience and qualifications required, the ethos and culture of your business, salary and other staff benefits. It is important as it helps you clarify what you are looking for and will also help candidates determine whether they have the skills and experience for the role. Why is it important? Always review your job description before every recruitment exercise to ensure it accurately describes the job in question. Failing to do so may dissuade suitable candidates from applying or encourage unsuitable candidates to apply. Risks It is essential that you avoid using discriminatory words in your job description eg “bright, energetic, young man” or “ an Italian” person when you actually require someone who speaks Italian as these would indicate a preference based on gender, disability, age and ethnicity.




Job offer letter


What is it? You should always confirm a job offer in writing and ask the candidate to confirm their acceptance of the offer. Why is it important? A job offer letter is a letter offering employment after an interview and summarising the basic terms of employment (if you are providing the employment contract with the offer letter) or summarising the main employment terms (if you will not be providing the employment contract until a later date) Risks Always ensure that the offer letter specifies the conditions to which the offer is subject eg “subject to satisfactory references” and that you retain a signed copy of the offer letter and contract in the staff member’s personnel records.




Non-executive director letter of appointment


What is it? This is a formal letter appointing a person as a non-executive director of a company. It sets out the key terms of the appointment and the director’s duties and responsibilities. Why is it important? As a director is more likely to be exposed to confidential information and have more responsibility this contract will include clauses which help to protect the business’s interests eg garden leave, confidentiality, non-solicitation clauses and restrictive covenants.




Senior employment contract


What is it? This is a more complex contract of employment between a senior employee or director/executive and an employer . It sets out the employment terms and conditions of employment and the standard areas of the employment. Why is it important? As a senior executive is more likely to be exposed to confidential information and have more responsibility this contract will include clauses which help to protect the business’s interests eg garden leave, confidentiality, non-solicitation clauses and restrictive covenants and ensure any intellectual property created by the employee belongs to the business.




Zero hours contract


What is it? This is a casual agreement between an individual and a business where the worker works “as and when” the employer needs the labour. There is no guarantee of any set hours and the worker is not obliged to work the hours offered. Why is it important? A zero-hours contract should be used where the business simply wishes to hire a worker on a casual basis and would benefit from not having to give the worker a guaranteed number of hours and days of work. This contract is useful for seasonal work or special events eg in the agriculture business, hospitality and catering business; when a business is entering a new market and is unsure of how many staff members it will need; in cases of unexpected absence from work eg to provide cover where there is sudden sickness or absence from work etc. They are often used in the healthcare, agriculture, hotels, restaurants and education sectors. In the UK workers operating under zero-hours contracts are entitled to rest breaks, annual leave, sick pay and protection from discrimination and must be paid the national minimum wage for hours worked. Risks Zero-hours contracts are controversial due to the uncertainty of the work and the fact there is no guaranteed employment. They do however serve a purpose by providing a flexible labour market and a route into more permanent employment. You should ensure that your zero-hours contract clearly sets out your employee’s employee status, rights and obligations.




Consultancy agreement


What is it? A consultancy agreement is a contract between a self-employed person (Consultant) and a customer requiring the consultant’s services.It is similar to the standard contract used to hire a freelancer. Why is it important? This agreement clarifies the basic terms of your relationship with the freelancer eg the work to be done, fees payable and other terms of the agreement eg a non-solicitation clause, confidentiality clause, data protection, ownership of any intellectual property created by the freelancer, indemnification clause for any losses you incur due to the freelancer’s breaches of third party intellectual property. Etc. More specialist freelancers may want you to sign up to their own bespoke terms and conditions when you instruct them. If that is the case you must ensure that you check all the clauses carefully to ensure that they do not conflict with your requirements and that you are happy with the terms eg consultant to be liable for breaches of your Intellectual property and third party intellectual property, confidentiality, fee payable, data protection, indemnification clause etc. Risks You should also ensure that you are aware of the IR35 tax rules. If a freelancer is providing services to you through a company your arrangement may be subject to the IR35 tax rules. This means that the freelancer may have to pay tax and national insurance as if they were employed by you. HMRC has a useful tool at www.gov.uk to enable businesses check employment status for tax purposes. From April 2020 if you are a medium or large business the responsibility for determining whether the IR35 tax rules applies to the consultancy and for payment of the income tax and national insurance on behalf of the freelancer lies with the company to whom the freelancer provides the services. If you are a “small business” (i.e. a business which satisfies two or more of the following requirements – i) a turnover of £10.2 million or less, ii) no more than 50 staff and iii) a balance sheet f no more than £5.1million the responsibility for determining whether the IR35 tax rules apply and for payment of the tax and national insurance lies with the freelancer.




Employment contract


What is it? An employment contract is an agreement between the employer and employee setting out the rights and duties of the employer and employee. An employment agreement is vital as it forms the legal relationship between the employer and the employee. Why is it important? If you have employees, you are legally obliged to provide them with a written statement of their basic terms of employment in writing no later than two months after they start work. From 6 April 2020 this obligation will extend to casual workers and all new employees must be provided with this written statement and additional information on or before the staff member’s first day of work. Risks If things go wrong an employment agreement will clarify the legal relationship between the employer and employee and will help the court or tribunal in providing a solution in the event of a dispute between the employer and employee. Think of an employment contract as your passport to nurturing good employment relations with your staff and running a good, progressive business. If your employee will be part-time do note that part-time staff and fixed term staff (temporary employees) must be treated equally with full-time staff. This means that a part-time or temporary employee on the same role must get the same pay or benefits as a comparable full-time member of staff pro-rated for the length of time they will be with you. Comparable employees are those doing the same or broadly similar work at the same place of work or at a different location.




Change to employment terms letter


What is it?

As an employer sometimes you may have business reasons that means you need to change your employees terms and conditions of employment (eg basic rate, overtime, bonus, working location, duties and responsibilities, hours/days of work, holiday or sick pay entitlement). This is called a “variation” of the contracts of employment.

Why is it important?

You can only do this if (a) you have a provision in the contract that allows the change. This clause is usually called a “flexibility clause” and may be in your contract or Company Handbook. (b) the employees agree the change or (c) the employees representative eg a Trade Union agrees the change.

Risks

You must have sound business reasons for making any change and follow a fair consultation procedure with your employees before you introduce the changes. If the employees do not agree the change and you believe that it is a reasonable change you can force a new contract on your employees. However, this should be used only as a last resort as it could lead to an employee raising a grievance and ultimately a claim to an Employment Tribunal. Once the change has been agreed you should ensure that each employee signs the new contract to confirm the employee has accepted the change and that you keep a copy.

Please contact our employment solicitors if you are thinking of making a change to your employment contracts.




Working time directive opt out letter


What is it? The Working Time Directive prevents employees from being forced to work more than 48 hours per week unless they freely agree to opt out of the directive. To opt out of the 48 hours limit your employees can sign an “Opt-out of the Working Time Directive Agreement”. Why is it important? This is an agreement between an employer and a worker or employee for the purposes of the Working Time Regulations 1998 whereby the employee or worker agrees to opt-out of the maximum weekly working time limit of 48 hours for a period or indefinitely. Such agreements are usually signed by doctors, police officers a, long-haulage truck drivers and others whose jobs necessitate long working hours. Risks You cannot sack or treat your employee unfairly if they refused to opt out.




Probation letter


What is it? A probation letter is a letter by which an employer informs an employee that their probation period has finished and tells them the outcome of the probation. The outcome may be threefold: (a) that the employee has successfully completed their probationary period and their employment will continue OR (b) the employee’s probation will be extended as the employee’s performance needs to improve OR (c) the employee’s employment is being terminated as the employee has not met the company’s performance requirements. Our employment solicitors can provided you with a suite of sample employment probation letters to use as a guide. Employers should adapt the content to suit their requirements and or contact us for further advice if required.




Flexible working request


What is it? An employee can make a “flexible working request” to their employer if they want to work part-time instead of full-time, change their start and finishing times, work compressed hours(i.e. do their standard hours over fewer days), job-share or do “flexi-time”. Flexitime is where an employee is granted permission to be flexible with their start and finish times. Why is it important? The law provides that an employee has the right to make a flexible working request if (a) the employee has worked for their employer for at least 26 weeks (b) the member of staff is legally classed as an employee and (c) the employee has not made any other flexible working request in the last 12 months. By law, if the employee has the right to make the request the employer is obliged to look at the request fairly in accordance with the Acas Code of Practice on flexible working requests and, make a decision within 3 months.




Grievance letter


What is it?

A grievance is a concern, problem or complaint raised by an employee in the workplace about their work, their manager, other staff member or the workplace. It could be about the employee’s pay and benefits, work conditions, workload, bullying or harassment. There is no legally binding process that an employer must follow when handling a grievance at work. However, it is best practice as an employer to have a grievance procedure.

Why is it important?

A grievance procedure is one of the ways to resolve a problem at work. This procedure can be set out in the employment contract, company handbook, HR intranet site or in your Human Resources manual.

Risks

If you do not have a grievance procedure you should ensure that you follow the Acas Code of Practice on Disciplinary and Grievance procedures if an employee comes to you with a grievance.

When an employee raises a workplace grievance you must take them seriously. Whether or not the grievance is valid you must investigate the grievance as it could be having a negative effect on the staff concerned and may lead to disgruntled staff and loss of valuable staff. Having an informal chat when an employee comes to you with an issue may be all that is needed. If the chat does not resolve the problem, you must investigate the problem .An employee should not be dismissed or treated unfairly for raising a genuine grievance.

An employee who is disadvantaged or dismissed for raising a grievance can raise a claim in the Employment Tribunal for unfair dismissal or automatic unfair dismissal. An employee would usually be expected to lodge a grievance before claiming constructive dismissal otherwise any damages awarded the employee at the Employment Tribunal could be reduced.

Avoid grievances in your workplace by contacting Pure Business law, your expert employment lawyers.





Managing licenses


Running an online business


Protecting your IP


Business Relationships


Writing a business plan


Managing a company

Company formation


What is it?

Companies House is the UK’s ‘registrar of companies. A UK company can’t be formed without approval from Companies House therefore all company formation requests need to go through Companies House. You can apply directly or via company formation agents – who may charge slightly more than Companies House and are able to offer everything that Companies House offer, plus extra associated services.

Why is it important?

Company formation documents are the key pieces of documentation (i.e. the certificate of incorporation, memorandum of association and articles of association) that you will need to keep and refer to following your registration of your company with Companies

House. If you have access to a computer, you can form your company online in a matter of hours The prices vary but Companies House charge £12 if the formation is done online. Using the paper method via the actual IN01 form sent via post costs £40 for the standard 5-10 da service or £100 for the same-day service.

To form a company, you need the following information:

  • Proposed company name
  • The proposed Registered office address
  • Shareholder(s) details
  • Company director(s) details
  • The share capital information and the particulars relating to each class of shares
  • Details of the people with significant control details

You also need Articles of association – These set out the rules for the running of the company, including internal management affairs and legal responsibility and a Memorandum of association – This document will contain the names of the subscribers (initial shareholders) or guarantors agreeing to forming the company.

If forming your company online, the Articles of Association and Memorandum will be automatically created for you although you still have the option to create your own ‘Articles of association’ if you wish. If using the paper method, you will still have the opportunity to use prepared ‘Articles of association’ but you will need to include your own ‘Memorandum of association’ when posting your completed IN01.




Directors' service agreement


What is it?

This is a more complex contract of employment between a director/executive and an employer.

Why is it important?

It sets out the employment terms and conditions of employment and the standard areas of the employment.

Risks

As a director is more likely to be exposed to confidential information and have more responsibility this contract will include clauses which help to protect the business’s interests eg garden leave, confidentiality, non-solicitation clauses and restrictive covenants and ensure any intellectual property created by the employee- director belongs to the business..




Articles of Association


What is it?

Every company formed in England and Wales is required to have articles, without which a company cannot legally be formed. This requirement applies whether or not the company is public or private and whether limited by shares or by guarantee.

Why is it important?

The Articles of Association set out the rules for the running of the company, including internal management affairs and legal responsibility agreed by the shareholders or guarantors, directors.

The articles generally cover five essential areas:

  • Limited liability of shareholders – a fixed sum limited to the nominal value of their shares.
  • Shares and distributions – rights attaching to particular shares, issues and transfers of shares, payments of dividends and another share dealings;
  • Shareholder decision making – quorum and voting at general meetings of shareholders and various decision-making options.
  • Directors and decision making – number of directors, their powers and responsibilities and procedures for decision making; and
  • Administrative arrangements.

Our corporate solicitors can provide you with legal advice on reviewing, drafting, or amending your articles of association and other constitutional documents. We can also provide you with bespoke articles of association.




Board Resolutions


What is it? A resolution is written documentation describing an action authorized by the board of directors of a company.




EMI Schemes


What is it?

An Enterprise Management Incentive (“EMI”) scheme is an approved employee share scheme designed for smaller companies and accessible to most trading companies.

Why is it important?

It allows employers to attract and retain key staff by rewarding them with share options (equity participation ) in the business in a tax efficient way, as a reward for their efforts within the business and/or to incentivise key staff, It is ideal for smaller entrepreneurial businesses that might not be able to match salaries paid elsewhere.




Board Minutes


What is it? The minutes are a written document that describes items discussed by the directors during a board meeting, including actions taken and resolutions passed.




Share Certificates


What is it?

A Share Certificate (or stock certificate) is a written document which is evidence of a shareholder's ownership of shares in the company. The share certificate is generally issued by companies to shareholders after a transfer or transmission of shares or an allotment has been made.

Why is it important?

The share certificate will include the name of the company issuing the shares, its registration number, the details of the holders of the shares, the certificate number, the class(es) of shares being issued, date of issue, the amount paid on each share etc.

A share certificate can be issued by a private limited, public limited and unlimited liability company but cannot be issued by a company limited by guarantee as the company does not have shares.




Shareholders Agreement


What is it?

We always recommend that you put a shareholders’ agreement in place if your company has more than one shareholder.A shareholder agreement sets out the rights and obligations of each shareholder. The purpose of a shareholder agreement is to cover the most important issues in a business relationship:

  • How the shareholders will run the company
  • The mechanism for resolution of disputes between the shareholders(i.e. a “Deadlock” clause)
  • The process for valuation of the company
  • The transmission of shares in the event of the death or departure of a shareholder.

Why is it important?

A Shareholders agreement has several benefits:

  • It provides each member with clear details of their responsibilities, financial input, voting arrangements and share transfers thereby making it a strong safeguard against legal disputes and disagreements.
  • If carefully thought out and drafted it can protect individual shareholders and give them more protection that they would receive under the Model Articles of Association eg by giving each individual member a veto if the business is considering important changes
  • It is an essential agreement to have when a company has more than one shareholder as there is nothing to regulate what happens if the shareholders have a dispute or a shareholder dies.
  • It greatly reduces the risk of a shareholders’ dispute occurring and if it does it will be quicker to resolve.
  • If a shareholder is not pulling their weight or is damaging the business’s reputation the to her shareholders can vote to remove him or her and buy his or her shares for a fair price. This would be difficult to do without a shareholder’s agreement and if just relying on the standard Articles.

Our Shareholders Agreement solicitors can provide you with a professionally drafted shareholders agreement at reasonable fixed fees. Contact us today!





Managing licenses


Running an online business


Protecting your IP


Business Relationships


Writing a business plan


Settlement agreements & Ref

At risk of redundancy letter


What is it? This is a letter that can be used to inform the employee that the employee is at risk of being made redundant.




Dismissal for redundancy letter


What is it? This is a letter that can be used to inform the employee that the employee is being dismissed for redundancy reasons. Why is it important? It is best practice for the employee to be given the right of appeal against redundancy.




Invitation to a redundancy appeal meeting


What is it? This is a letter to an employee inviting them to a redundancy appeal meeting.




Redundancy consultation letter


What is it? This is a letter to an employee informing them of the redundancy consultation procedure. Why is it important? The letter should contain details of the consultation procedure.





Commercial notices

Terms and conditions for supply of services to business customers


What is it? Terms and conditions set out the rules and specifications which apply in every supply of services that a seller makes and helps to make everyone aware of their rights and obligations from the outset. Why is it important? Make sure you protect your business interests with professionally prepared terms and conditions. When supplying services to a business your terms and conditions should cover issues such as timing and termination of supply, orders, specifications, obligations, pricing, payment, intellectual property, confidentiality, warranties, liability and termination.




Terms and conditions for sale of goods to business customers


What is it? Terms and conditions set out the rules and specifications which apply in every sale of goods that a seller makes and helps to make everyone aware of their rights and obligations from the outset. Why is it important? When selling goods to a business your terms and conditions should cover the nature of products to be sold, orders, delivery, pricing, payment, risk, warranties, defects, liability and confidentiality.




Terms and conditions for supply of services to consumers/businesses


What is it?

There are different terms and conditions for the supply of services to businesses (B2B contracts) and the supply of services to consumers(B2C contracts). When a business deals with a consumer (ie someone who buys goods or services for personal use, as opposed to buying the goods or services on behalf of a business) the consumer is given more legal protection than a business.

Why is it important?

Any business that is entering into a contract with a consumer must abide by a wide range of consumer law requirements such as the Consumer Rights Act 2015, the Sale of Goods Act and Supply of Goods and Services Act , the Consumer Contracts Regulations , the Misrepresentation Act and the Data Protection Act.

Risks

The T&Cs for supply of services to consumers should be used when

  • You are supplying services with or without goods to customers not acting in the course of a business (i.e. consumers).

The T&Cs for supply of services to businesses should be used when

  • You are supplying services with or without goods to customers acting in the course of a business (i.e. Businesses).




Consent Notices


What is it? The law provides that if your website is based in the EU or if you are targeting customers in the EU and your site uses one or more cookies you need to display a cookie consent notice. To comply with the law your need to do three things Let users to your website know that you are using cookies. Provide a link where they can learn more about how you use the data you gather. Provide a way for your website users to consent to the use of cookies. Consent can be explicit opt-in consent and implied consent. For explicit consent, users have to click a button, select a checkbox or complete some other specific activity to opt in to the use of cookies. The most common way to do this is to display a banner at the top or bottom of your website with a link to your Privacy policy and a button to consent to the use of cookies and hide the banner. For implied consent a clear notice must be provided, and the user must be made aware that a specific action will be understood to be implied consent to the use of cookies. One way that implied consent is obtained is by displaying a prominent cookie notice that ends with a statement like “By continuing to use this site you agree to the use of cookies”. The law applies whether a user is on a smartphone, tablet, a laptop, computer or other device. So when you set up your cookie notice you must ensure that the notice appears and functions well on all devices. There are also plugins for Cookie consent notices.




Terms and conditions for sale of goods to consumers/businesses


What is it?

There are different terms and conditions for the sale of goods to businesses (B2B) and the sale of goods to consumers(B2C).

Why is it important?

The T&Cs for sale of goods to consumers should be used when

  • You are supplying goods with or without services to customers not acting in the course of a business (i.e. consumers)

The T&Cs for sale of goods to businesses should be used when

  • You are supplying goods with or without services to customers acting in the course of a business (i.e. businesses)




Terms and conditions for sale of goods to consumers via a website





Terms and conditions for supply of services to consumers via a website





Heads of terms


What is it? This is similar to a Memorandum of Understanding (MOU)s, Term sheet or Letter of intent. The heads of terms set out the key terms agreed by the parties before entering a business transaction. It is not contractually binding. Heads of Terms are usually set out in a letter or document setting out the key terms agreed by parties who intend to enter a binding contract. It is also known as Letter of Intent, a Memorandum of Understanding (MOU) or a Term Sheet. It is a useful tool when two or more parties intend to enter a future contract and want to identify, describe and agree, without it being contractually binding, the terms to be further negotiated and then recorded in a contractually binding contract. There will occasionally be statements in heads of terms which are exceptions to the general approach that heads of terms are not binding: this will occur if the parties put in statements which heads of terms expressly state are to be of legally binding effect until a definitive contract is signed. If that is the case those statements will generally be binding. Why is it important? Heads of terms are useful to set out the progress made during negotiations, reduce the potential for misunderstandings, indicate the major issues which still need to be resolved and make it clear what the parties intend when they enter into the contract. The disadvantage of Heads of terms is that it can take up a considerable amount of time and may distract the parties from working on negotiating a full and detailed binding contract. Risks There have been occasions when the parties to a proposed commercial arrangement never actually agree or sign a definite contract and have gone on to implement their deal based only on the Heads of terms. This creates a very uncertain legal position which may lead to disputes and legal problems.




Letter of intent (LOI)


What is it? A Letter of Intent is a pre-contract, non-binding document setting out the key terms agreed by parties who intend to enter into a binding contract. It is also known as Heads of Terms, a Memorandum of Understanding (MOU) or a Term Sheet. It is a useful tool when two or more parties intend to enter into a future contract and want to identify, describe and agree, without it being contractually binding, the terms to be further negotiated and then recorded in a contractually binding contract. There will occasionally be statements in a letter of intent which are exceptions to the general approach that a letter of intent is not binding: this will occur if the parties put in statements which the letter of intent expressly states are to be of legally binding effect until a definitive contract is signed. If that is the case those statements will generally be binding. Why is it important? A letter of intent is useful to set out the progress made during negotiations, reduce the potential for misunderstandings, indicate the major issues which still need to be resolved and make it clear what the parties intend when they enter into the contract. The disadvantage of a letter of intent is that it can take up a considerable amount of time and may distract the parties from working on negotiating a full and detailed binding contract. Risks There have been occasions when the parties to a proposed commercial arrangement never actually agree or sign a definite contract and have gone on to implement their deal based only on the letter of intent. This creates a very uncertain legal position which may result in disputes and legal problems.




Invoice


What is it? An invoice is a statement setting out the goods and or services that have been supplied by a seller to a buyer and the money owed for those goods and or services. It is created by a seller or supplier to request payment for goods sold and or services provided. It is also called a bill. Why is it important? It identifies the trading partners, specifies the terms of the deal and provides information on the payment figure, the available methods of payment and the payment terms i.e. the maximum amount of time that a buyer had to pay for the goods and or services that they have purchased from the seller.




Sales of goods agreements


What is it?

A Sale of Goods Agreement (sometimes called a Sales Agreement or Sales Contract) is a contract entered into between a buyer and a seller of goods for the sale and purchase of specific goods by the buyer. When you sell goods, you create a sale of goods contract.

Why is it important?

The terms in a sale of goods contract may vary depending on whether it is a sale to a consumer (i.e. a B2C contract ) or a sale to a business (i.e. a “commercial” sale or B2B contract.) A consumer is someone who buys goods or services for personal use, as opposed to buying the goods or services on behalf of a business. Consumers who act as the buyer in a contract for a sale of goods are given more legal protection than businesses. The legal protection is given to help the party considered to be the more vulnerable party to the contract ie the consumer as opposed to the business.

The sale of goods agreement will set out the seller and buyer’s obligations, the terms on which the seller is willing to sell and transfer the goods to the buyer, the nature of the goods to be sold, the price, payment terms, shipping and collection details, delivery time and what happens at the end of the contract.

Risks

A Sale of Goods Agreement can be made orally or in writing. However, having a well-written Sale of Goods Agreement can help protect one or both of the parties if there is a problem with the sale eg goods are late in arriving or the goods have been damaged or destroyed.




Purchase order


What is it? A purchase order is prepared by a buyer when the buyer orders goods or services from a seller. The purchase order will indicate the type of goods, quantity of goods and the price the buyer is willing to pay for the products and or services. Once the seller accepts the purchase order it becomes a legally binding contract as the seller has agreed to sell the goods and or services at the prices put forward by the buyer. The seller will then issue an invoice to the buyer based on the purchase order. Why is it important? Purchase orders are important for businesses as it is instrumental in tracking expenditure, makes orders easier to track, helps avoid audit problems and provides contractual legal protection for the buyer and the supplier. Alongside a purchase order system, it is vital that a company has strong credit management practices to safeguard cash flow from bad debts and late payment. A strong debt collection process is vital to ensure payment is made when the goods or services have been delivered. Invoice promptly and accurately and chase up with reminders. If a customer will not pay or ignores payment requests take action – Appoint a debt collection agency, take debt recovery action through the courts or pass the debt to a solicitor. Pure Business Law has experienced debt collection lawyers who can assist you with debt recovery.




Services agreement


What is it? A Service agreement also known as a Service contract or Contract for Services is a written agreement between a service provider and a customer setting out agreed terms for the supply of services. The terms should include details of the services to be provided, location of provision of the services, payment. Limitation of liability clause, tools or materials to be used, termination of the agreement, ownership of intellectual property clause and dispute resolution clauses. Why is it important? A services agreement is required when a business wants to engage another business to supply services. If your business is the service provider, you should use a service contract whenever you are hired by a customer to complete a service. If you are the customer and the service provider does not supply the contract, you can use a Service agreement to ensure that the terms of the service relationship are clear.





Managing licenses


Running an online business


Protecting your IP


Business Relationships


Writing a business plan


Letting a commercial property

Software Development Agreement


What is it? Software is intellectual property. A software development agreement is an agreement between a business or an individual and a developer by which the individual or business hires the developer to create and deliver a specific piece of software. Why is it important? This agreement is important as it clarifies the relationship between the developer and the hirer or employer. Risks When you engage a software developer if you want the software created to belong to your company or to you, you must ensure that you agree and insert an ownership clause in the agreement. If there is no ownership clause the software created by the developer will automatically belong to the developer even if your company has spent millions of pounds developing the software.




Freelancer Agreement


What is it? You may use a self-employed freelancer to do a specific task eg work on a project, design your website or do your marketing for a specific period.The standard contract used to hire a freelancer is a consultancy agreement. This agreement clarifies the basic terms of your relationship with the freelancer eg the work to be done, fees payable and other terms of the agreement eg a non-solicitation clause, confidentiality clause, data protection, ownership of any intellectual property created by the freelancer, indemnification clause for any losses you incur due to the freelancer’s breaches of third party intellectual property. Etc. A company consultancy agreement is used to hire a freelancer who operates through their own limited company. An individual consultancy agreement is used to hire a freelancer directly. Why is it important? More specialist freelancers may want you to sign up to their own bespoke terms and conditions when you instruct them. If that is the case you must ensure that you check all the clauses carefully to ensure that they do not conflict with your requirements and that you are happy with the terms eg consultant to be liable for breaches of your Intellectual property and third party intellectual property, confidentiality, fee payable, data protection, indemnification clause etc. Risks You should also ensure that you are aware of the IR35 tax rules. If a freelancer is providing services to you through a company your arrangement may be subject to the IR35 tax rules. This means that the freelancer may have to pay tax and national insurance as if they were employed by you. HMRC has a useful tool at www.gov.uk to enable businesses check employment status for tax purposes. From April 2020 if you are a medium or large business the responsibility for determining whether the IR35 tax rules applies to the consultancy and for payment of the income tax and national insurance on behalf of the freelancer lies with the company to whom the freelancer provides the services. If you are a “small business” (i.e. a business which satisfies two or more of the following requirements – i) a turnover of £10.2 million or less, ii) no more than 50 staff and iii) a balance sheet f no more than £5.1million the responsibility for determining whether the IR35 tax rules apply and for payment of the tax and national insurance lies with the freelancer.




Internship Agreement


What is it? An intern may be a volunteer, a worker or an employee. An internship agreement is an agreement between an intern and an employer where the intern agrees to provide their services in exchange for training provided by the employer or business with no expectation that the internship will result in employment with the business. Why is it important? If your intern will just be shadowing staff and will be unpaid you won’t need a contract but it is good practice to send your intern a letter confirming the agreement terms. If you want your intern to work for your business rather than just shadow staff your intern will either be an employee or a casual worker. Risks You must have a proper contract for their status and treat them accordingly. If your intern is an employee or a casual work you must pay them the national minimum wage(NMW). If you do not pay them the NMW you are at risk of HMRC prosecuting you or the intern suing you in court.




Staff Handbook


What is it? A Staff handbook is an important living document for your employees that sets out your company’s operational policies, values and culture for current and future employees. There is no legal obligation to have a staff handbook, however as there are certain policies that you must give your employees by law (eg disciplinary and grievance policies and health and safety policies) it is best practice to start a handbook when you hire your first employee as it sets expectations for what behaviour is acceptable and desirable across your business and can protect you legally. Why is it important? A staff handbook can be contractual or non-contractual(i.e. binding or non-binding). It is best practice to make it non-contractual so that you can change it at your discretion without having to consult staff. Make sure you keep your handbook updated to reflect the law and ensure that the issue date is clearly shown on the handbook. Risks If you do not have a staff handbook and you are in dispute or engaged in legal proceedings with an employee it will be more difficult to verify your policies and procedures.




Job description


What is it? A job description sets out the scope of the role (i.e. duties and responsibilities), any skills, experience and qualifications required, the ethos and culture of your business, salary and other staff benefits. It is important as it helps you clarify what you are looking for and will also help candidates determine whether they have the skills and experience for the role. Why is it important? Always review your job description before every recruitment exercise to ensure it accurately describes the job in question. Failing to do so may dissuade suitable candidates from applying or encourage unsuitable candidates to apply. Risks It is essential that you avoid using discriminatory words in your job description eg “bright, energetic, young man” or “ an Italian” person when you actually require someone who speaks Italian as these would indicate a preference based on gender, disability, age and ethnicity.




Job offer letter


What is it? You should always confirm a job offer in writing and ask the candidate to confirm their acceptance of the offer. Why is it important? A job offer letter is a letter offering employment after an interview and summarising the basic terms of employment (if you are providing the employment contract with the offer letter) or summarising the main employment terms (if you will not be providing the employment contract until a later date) Risks Always ensure that the offer letter specifies the conditions to which the offer is subject eg “subject to satisfactory references” and that you retain a signed copy of the offer letter and contract in the staff member’s personnel records.




Non-executive director letter of appointment


What is it? This is a formal letter appointing a person as a non-executive director of a company. It sets out the key terms of the appointment and the director’s duties and responsibilities. Why is it important? As a director is more likely to be exposed to confidential information and have more responsibility this contract will include clauses which help to protect the business’s interests eg garden leave, confidentiality, non-solicitation clauses and restrictive covenants.




Senior employment contract


What is it? This is a more complex contract of employment between a senior employee or director/executive and an employer . It sets out the employment terms and conditions of employment and the standard areas of the employment. Why is it important? As a senior executive is more likely to be exposed to confidential information and have more responsibility this contract will include clauses which help to protect the business’s interests eg garden leave, confidentiality, non-solicitation clauses and restrictive covenants and ensure any intellectual property created by the employee belongs to the business.




Zero hours contract


What is it? This is a casual agreement between an individual and a business where the worker works “as and when” the employer needs the labour. There is no guarantee of any set hours and the worker is not obliged to work the hours offered. Why is it important? A zero-hours contract should be used where the business simply wishes to hire a worker on a casual basis and would benefit from not having to give the worker a guaranteed number of hours and days of work. This contract is useful for seasonal work or special events eg in the agriculture business, hospitality and catering business; when a business is entering a new market and is unsure of how many staff members it will need; in cases of unexpected absence from work eg to provide cover where there is sudden sickness or absence from work etc. They are often used in the healthcare, agriculture, hotels, restaurants and education sectors. In the UK workers operating under zero-hours contracts are entitled to rest breaks, annual leave, sick pay and protection from discrimination and must be paid the national minimum wage for hours worked. Risks Zero-hours contracts are controversial due to the uncertainty of the work and the fact there is no guaranteed employment. They do however serve a purpose by providing a flexible labour market and a route into more permanent employment. You should ensure that your zero-hours contract clearly sets out your employee’s employee status, rights and obligations.




Consultancy agreement


What is it? A consultancy agreement is a contract between a self-employed person (Consultant) and a customer requiring the consultant’s services.It is similar to the standard contract used to hire a freelancer. Why is it important? This agreement clarifies the basic terms of your relationship with the freelancer eg the work to be done, fees payable and other terms of the agreement eg a non-solicitation clause, confidentiality clause, data protection, ownership of any intellectual property created by the freelancer, indemnification clause for any losses you incur due to the freelancer’s breaches of third party intellectual property. Etc. More specialist freelancers may want you to sign up to their own bespoke terms and conditions when you instruct them. If that is the case you must ensure that you check all the clauses carefully to ensure that they do not conflict with your requirements and that you are happy with the terms eg consultant to be liable for breaches of your Intellectual property and third party intellectual property, confidentiality, fee payable, data protection, indemnification clause etc. Risks You should also ensure that you are aware of the IR35 tax rules. If a freelancer is providing services to you through a company your arrangement may be subject to the IR35 tax rules. This means that the freelancer may have to pay tax and national insurance as if they were employed by you. HMRC has a useful tool at www.gov.uk to enable businesses check employment status for tax purposes. From April 2020 if you are a medium or large business the responsibility for determining whether the IR35 tax rules applies to the consultancy and for payment of the income tax and national insurance on behalf of the freelancer lies with the company to whom the freelancer provides the services. If you are a “small business” (i.e. a business which satisfies two or more of the following requirements – i) a turnover of £10.2 million or less, ii) no more than 50 staff and iii) a balance sheet f no more than £5.1million the responsibility for determining whether the IR35 tax rules apply and for payment of the tax and national insurance lies with the freelancer.




Employment contract


What is it? An employment contract is an agreement between the employer and employee setting out the rights and duties of the employer and employee. An employment agreement is vital as it forms the legal relationship between the employer and the employee. Why is it important? If you have employees, you are legally obliged to provide them with a written statement of their basic terms of employment in writing no later than two months after they start work. From 6 April 2020 this obligation will extend to casual workers and all new employees must be provided with this written statement and additional information on or before the staff member’s first day of work. Risks If things go wrong an employment agreement will clarify the legal relationship between the employer and employee and will help the court or tribunal in providing a solution in the event of a dispute between the employer and employee. Think of an employment contract as your passport to nurturing good employment relations with your staff and running a good, progressive business. If your employee will be part-time do note that part-time staff and fixed term staff (temporary employees) must be treated equally with full-time staff. This means that a part-time or temporary employee on the same role must get the same pay or benefits as a comparable full-time member of staff pro-rated for the length of time they will be with you. Comparable employees are those doing the same or broadly similar work at the same place of work or at a different location.




Change to employment terms letter


What is it?

As an employer sometimes you may have business reasons that means you need to change your employees terms and conditions of employment (eg basic rate, overtime, bonus, working location, duties and responsibilities, hours/days of work, holiday or sick pay entitlement). This is called a “variation” of the contracts of employment.

Why is it important?

You can only do this if (a) you have a provision in the contract that allows the change. This clause is usually called a “flexibility clause” and may be in your contract or Company Handbook. (b) the employees agree the change or (c) the employees representative eg a Trade Union agrees the change.

Risks

You must have sound business reasons for making any change and follow a fair consultation procedure with your employees before you introduce the changes. If the employees do not agree the change and you believe that it is a reasonable change you can force a new contract on your employees. However, this should be used only as a last resort as it could lead to an employee raising a grievance and ultimately a claim to an Employment Tribunal. Once the change has been agreed you should ensure that each employee signs the new contract to confirm the employee has accepted the change and that you keep a copy.

Please contact our employment solicitors if you are thinking of making a change to your employment contracts.




Working time directive opt out letter


What is it? The Working Time Directive prevents employees from being forced to work more than 48 hours per week unless they freely agree to opt out of the directive. To opt out of the 48 hours limit your employees can sign an “Opt-out of the Working Time Directive Agreement”. Why is it important? This is an agreement between an employer and a worker or employee for the purposes of the Working Time Regulations 1998 whereby the employee or worker agrees to opt-out of the maximum weekly working time limit of 48 hours for a period or indefinitely. Such agreements are usually signed by doctors, police officers a, long-haulage truck drivers and others whose jobs necessitate long working hours. Risks You cannot sack or treat your employee unfairly if they refused to opt out.




Probation letter


What is it? A probation letter is a letter by which an employer informs an employee that their probation period has finished and tells them the outcome of the probation. The outcome may be threefold: (a) that the employee has successfully completed their probationary period and their employment will continue OR (b) the employee’s probation will be extended as the employee’s performance needs to improve OR (c) the employee’s employment is being terminated as the employee has not met the company’s performance requirements. Our employment solicitors can provided you with a suite of sample employment probation letters to use as a guide. Employers should adapt the content to suit their requirements and or contact us for further advice if required.




Flexible working request


What is it? An employee can make a “flexible working request” to their employer if they want to work part-time instead of full-time, change their start and finishing times, work compressed hours(i.e. do their standard hours over fewer days), job-share or do “flexi-time”. Flexitime is where an employee is granted permission to be flexible with their start and finish times. Why is it important? The law provides that an employee has the right to make a flexible working request if (a) the employee has worked for their employer for at least 26 weeks (b) the member of staff is legally classed as an employee and (c) the employee has not made any other flexible working request in the last 12 months. By law, if the employee has the right to make the request the employer is obliged to look at the request fairly in accordance with the Acas Code of Practice on flexible working requests and, make a decision within 3 months.




Grievance letter


What is it?

A grievance is a concern, problem or complaint raised by an employee in the workplace about their work, their manager, other staff member or the workplace. It could be about the employee’s pay and benefits, work conditions, workload, bullying or harassment. There is no legally binding process that an employer must follow when handling a grievance at work. However, it is best practice as an employer to have a grievance procedure.

Why is it important?

A grievance procedure is one of the ways to resolve a problem at work. This procedure can be set out in the employment contract, company handbook, HR intranet site or in your Human Resources manual.

Risks

If you do not have a grievance procedure you should ensure that you follow the Acas Code of Practice on Disciplinary and Grievance procedures if an employee comes to you with a grievance.

When an employee raises a workplace grievance you must take them seriously. Whether or not the grievance is valid you must investigate the grievance as it could be having a negative effect on the staff concerned and may lead to disgruntled staff and loss of valuable staff. Having an informal chat when an employee comes to you with an issue may be all that is needed. If the chat does not resolve the problem, you must investigate the problem .An employee should not be dismissed or treated unfairly for raising a genuine grievance.

An employee who is disadvantaged or dismissed for raising a grievance can raise a claim in the Employment Tribunal for unfair dismissal or automatic unfair dismissal. An employee would usually be expected to lodge a grievance before claiming constructive dismissal otherwise any damages awarded the employee at the Employment Tribunal could be reduced.

Avoid grievances in your workplace by contacting Pure Business law, your expert employment lawyers.





Managing licenses


Running an online business


Protecting your IP


Business Relationships


Writing a business plan


Sale and Purchase of Commerial Property

Licence to assign


What is it? If you are a landlord of commercial property, and your lease to your tenant includes a provision that says that your tenant cannot assign the lease to another (the “assignee”) without your consent and your tenant wants to assign or transfer their lease obligations to another commercial tenant you need a licence to assign to give them your consent. Why is it important? If the lease absolutely prevents assignment, then you can refuse consent without stating a reason. However, if the lease prohibits assignment without the landlord’s consent the landlord must have a good reason for refusing consent. If the tenant considers that the landlord’s reason is unreasonable the tenant can challenge the refusal in court. A tenant’s request to assign the lease may be made orally, by letter or by email as there is no prescribed form for a tenant’s application for consent to assign. A landlord can charge a tenant a fee to register an assignment. Landlords generally insist that the tenant or lessee gives a guarantee (Authorised Guarantee Agreement “AGA”) in the lease to be responsible for any breaches of covenants by the assignee so that the landlord can claim against the original tenant if the assignee breaches any of its obligations under the lease.




Licence to sublet


What is it? A licence to sublet is an agreement between a landlord and a tenant that gives the tenant the right to sublet part or the whole of the property to another tenant (the “sub-tenant”). If the lease absolutely prevents sub-letting, then you can refuse consent without stating a reason. However, if the lease prohibits sub-letting without the landlord’s consent the landlord must have a good reason for refusing consent. If the tenant considers that the landlord’s reason is unreasonable the tenant can challenge the refusal in court. Why is it important? Where there is a sub-lease the sub-lessee’s landlord is the tenant or lessee so if the sub-lessee breaches its obligations under the sub-lease the lessee or tenant is the only person entitled to take action against the sub-lessee. Landlords generally insist that the sub-tenant joins in the licence to sublet so that the landlord can claim against the sub-tenant if there is any breach of its obligations under the sub-lease.




Sale Agreement


What is it? If you are selling a commercial property, we will prepare the sale contract and related documents, deal with all enquiries raised by the buyer’s solicitors, report to you and advise you and once the contract has been agreed, complete the transaction as quickly and effectively as possible.




Purchase Agreement


What is it? If you are buying a commercial property we will review, amend and advise you on the contract, raise all relevant enquiries, conduct searches, report to you, advise you and then once the parties have agreed the contract complete and register the conveyance as quickly and effectively as possible





Buying & Selling a business

Licence to assign


What is it? If you are a landlord of commercial property, and your lease to your tenant includes a provision that says that your tenant cannot assign the lease to another (the “assignee”) without your consent and your tenant wants to assign or transfer their lease obligations to another commercial tenant you need a licence to assign to give them your consent. Why is it important? If the lease absolutely prevents assignment, then you can refuse consent without stating a reason. However, if the lease prohibits assignment without the landlord’s consent the landlord must have a good reason for refusing consent. If the tenant considers that the landlord’s reason is unreasonable the tenant can challenge the refusal in court. A tenant’s request to assign the lease may be made orally, by letter or by email as there is no prescribed form for a tenant’s application for consent to assign. A landlord can charge a tenant a fee to register an assignment. Landlords generally insist that the tenant or lessee gives a guarantee (Authorised Guarantee Agreement “AGA”) in the lease to be responsible for any breaches of covenants by the assignee so that the landlord can claim against the original tenant if the assignee breaches any of its obligations under the lease.




Licence to sublet


What is it? A licence to sublet is an agreement between a landlord and a tenant that gives the tenant the right to sublet part or the whole of the property to another tenant (the “sub-tenant”). If the lease absolutely prevents sub-letting, then you can refuse consent without stating a reason. However, if the lease prohibits sub-letting without the landlord’s consent the landlord must have a good reason for refusing consent. If the tenant considers that the landlord’s reason is unreasonable the tenant can challenge the refusal in court. Why is it important? Where there is a sub-lease the sub-lessee’s landlord is the tenant or lessee so if the sub-lessee breaches its obligations under the sub-lease the lessee or tenant is the only person entitled to take action against the sub-lessee. Landlords generally insist that the sub-tenant joins in the licence to sublet so that the landlord can claim against the sub-tenant if there is any breach of its obligations under the sub-lease.




Sale Agreement


What is it? If you are selling a commercial property, we will prepare the sale contract and related documents, deal with all enquiries raised by the buyer’s solicitors, report to you and advise you and once the contract has been agreed, complete the transaction as quickly and effectively as possible.




Purchase Agreement


What is it? If you are buying a commercial property we will review, amend and advise you on the contract, raise all relevant enquiries, conduct searches, report to you, advise you and then once the parties have agreed the contract complete and register the conveyance as quickly and effectively as possible





Operating as a Sole Trader

Consultancy agreement


What is it?

A consultancy agreement is a contract between a self-employed person (Consultant) and a customer requiring the consultant’s services.

It is similar to the standard contract used to hire a freelancer. This agreement clarifies the basic terms of your relationship with the freelancer eg the work to be done, fees payable and other terms of the agreement eg a non-solicitation clause, confidentiality clause, data protection, ownership of any intellectual property created by the freelancer, indemnification clause for any losses you incur due to the freelancer’s breaches of third party intellectual property. Etc.

Why is it important?

More specialist freelancers may want you to sign up to their own bespoke terms and conditions when you instruct them. If that is the case you must ensure that you check all the clauses carefully to ensure that they do not conflict with your requirements and that you are happy with the terms eg consultant to be liable for breaches of your Intellectual property and third party intellectual property, confidentiality, fee payable, data protection, indemnification clause etc.

Risks

You should also ensure that you are aware of the IR35 tax rules. If a freelancer is providing services to you through a company your arrangement may be subject to the IR35 tax rules. This means that the freelancer may have to pay tax and national insurance as if they were employed by you. HMRC has a useful tool at www.gov.uk to enable businesses check employment status for tax purposes.

From April 2020 if you are a medium or large business the responsibility for determining whether the IR35 tax rules applies to the consultancy and for payment of the income tax and national insurance on behalf of the freelancer lies with the company to whom the freelancer provides the services. If you are a “small business” (i.e. a business which satisfies two or more of the following requirements – i) a turnover of £10.2 million or less, ii) no more than 50 staff and iii) a balance sheet f no more than £5.1million the responsibility for determining whether the IR35 tax rules apply and for payment of the tax and national insurance lies with the freelancer.




Home/Office rental agreement


What is it?

A home office rental agreement is an agreement between an owner or lessee of property to share their home office space with another person. These agreements are usually used by start-ups and home-based businesses and will be in the form of a licence agreement. The licensor will be the owner or tenant of the property and the licensee will be the sharer who may be an individual or a company. If more than one individual sharer it is essential that they be all named on the agreement so that they remain jointly and severally liable under the rental agreement. The licence fee should be inclusive of the service costs eg internet, utilities, etc.

Risks

If your business is a lessee, you must check your lease and check with your landlord to ensure that the grant of a licence to the sharers will not be a breach of your obligations as a tenant.




Purchase order


What is it?

A purchase order is prepared by a buyer when the buyer orders goods or A purchase order is prepared by a buyer when the buyer orders goods or services from a seller. The purchase order will indicate the type of goods, quantity of goods and the price the buyer is willing to pay for the products and or services.

Once the seller accepts the purchase order it becomes a legally binding contract as the seller has agreed to sell the goods and or services at the prices put forward by the buyer. The seller will then issue an invoice to the buyer based on the purchase order.

Why is it important?

Purchase orders are important for businesses as it is instrumental in tracking expenditure, makes orders easier to track, helps avoid audit problems and provides contractual legal protection for the buyer and the supplier.

Risks

Alongside a purchase order system, it is vital that a company has strong credit management practices to safeguard cash flow from bad debts and late payment.A strong debt collections process is vital to ensure payment is made when the goods or services have been delivered.

Invoice promptly and accurately and chase up with reminders. If a customer will not pay or ignores payment requests take action – Appoint a debt collection agency, take debt recovery action through the courts or pass the debt to a solicitor.

Pure Business Law has experienced debt collection lawyers who can assist you with debt recovery.





Ending or Assigning an Existing Agreement

At risk of redundancy letter


What is it? This is a letter that can be used to inform the employee that the employee is at risk of being made redundant.




Dismissal for redundancy letter


What is it? This is a letter that can be used to inform the employee that the employee is being dismissed for redundancy reasons. Why is it important? It is best practice for the employee to be given the right of appeal against redundancy.




Invitation to a redundancy appeal meeting


What is it? This is a letter to an employee inviting them to a redundancy appeal meeting.




Redundancy consultation letter


What is it? This is a letter to an employee informing them of the redundancy consultation procedure. Why is it important? The letter should contain details of the consultation procedure.





Health & Safety

Health and safety policy


What is it? A health and safety policy states the employer’s commitment to protect employees’ health and safety and to cooperate with other parties such as employees, supervisors, the health and safety representative to ensure a safe work environment.If you have five or more employees, you are legally required to have a written health and safety policy. Why is it important? If you do not have a written policy the Health and Safety Executive (HSE) can take action against you and prosecute you. Even if you do not have five employees it is best practice to have a written health and safety policy to make your health and safety arrangements clear. Consideration of the health, safety and welfare of staff is an integral part of the management process. The purpose of a Health and Safety policy is to establish general standards for health and safety at work and to distribute responsibility for their achievement to all managers, supervisors and other employees through the normal line management processes. Risks Managers must approach health and safety in a systematic way, by identifying hazards and problems, planning improvements, taking executive action and monitoring results. There should be an annual audit and regular risk assessments.





 
 
 
 

Planning & Highways

Software Development Agreement


What is it? Software is intellectual property. A software development agreement is an agreement between a business or an individual and a developer by which the individual or business hires the developer to create and deliver a specific piece of software. Why is it important? This agreement is important as it clarifies the relationship between the developer and the hirer or employer. Risks When you engage a software developer if you want the software created to belong to your company or to you, you must ensure that you agree and insert an ownership clause in the agreement. If there is no ownership clause the software created by the developer will automatically belong to the developer even if your company has spent millions of pounds developing the software.




Freelancer Agreement


What is it? You may use a self-employed freelancer to do a specific task eg work on a project, design your website or do your marketing for a specific period.The standard contract used to hire a freelancer is a consultancy agreement. This agreement clarifies the basic terms of your relationship with the freelancer eg the work to be done, fees payable and other terms of the agreement eg a non-solicitation clause, confidentiality clause, data protection, ownership of any intellectual property created by the freelancer, indemnification clause for any losses you incur due to the freelancer’s breaches of third party intellectual property. Etc. A company consultancy agreement is used to hire a freelancer who operates through their own limited company. An individual consultancy agreement is used to hire a freelancer directly. Why is it important? More specialist freelancers may want you to sign up to their own bespoke terms and conditions when you instruct them. If that is the case you must ensure that you check all the clauses carefully to ensure that they do not conflict with your requirements and that you are happy with the terms eg consultant to be liable for breaches of your Intellectual property and third party intellectual property, confidentiality, fee payable, data protection, indemnification clause etc. Risks You should also ensure that you are aware of the IR35 tax rules. If a freelancer is providing services to you through a company your arrangement may be subject to the IR35 tax rules. This means that the freelancer may have to pay tax and national insurance as if they were employed by you. HMRC has a useful tool at www.gov.uk to enable businesses check employment status for tax purposes. From April 2020 if you are a medium or large business the responsibility for determining whether the IR35 tax rules applies to the consultancy and for payment of the income tax and national insurance on behalf of the freelancer lies with the company to whom the freelancer provides the services. If you are a “small business” (i.e. a business which satisfies two or more of the following requirements – i) a turnover of £10.2 million or less, ii) no more than 50 staff and iii) a balance sheet f no more than £5.1million the responsibility for determining whether the IR35 tax rules apply and for payment of the tax and national insurance lies with the freelancer.




Internship Agreement


What is it? An intern may be a volunteer, a worker or an employee. An internship agreement is an agreement between an intern and an employer where the intern agrees to provide their services in exchange for training provided by the employer or business with no expectation that the internship will result in employment with the business. Why is it important? If your intern will just be shadowing staff and will be unpaid you won’t need a contract but it is good practice to send your intern a letter confirming the agreement terms. If you want your intern to work for your business rather than just shadow staff your intern will either be an employee or a casual worker. Risks You must have a proper contract for their status and treat them accordingly. If your intern is an employee or a casual work you must pay them the national minimum wage(NMW). If you do not pay them the NMW you are at risk of HMRC prosecuting you or the intern suing you in court.




Staff Handbook


What is it? A Staff handbook is an important living document for your employees that sets out your company’s operational policies, values and culture for current and future employees. There is no legal obligation to have a staff handbook, however as there are certain policies that you must give your employees by law (eg disciplinary and grievance policies and health and safety policies) it is best practice to start a handbook when you hire your first employee as it sets expectations for what behaviour is acceptable and desirable across your business and can protect you legally. Why is it important? A staff handbook can be contractual or non-contractual(i.e. binding or non-binding). It is best practice to make it non-contractual so that you can change it at your discretion without having to consult staff. Make sure you keep your handbook updated to reflect the law and ensure that the issue date is clearly shown on the handbook. Risks If you do not have a staff handbook and you are in dispute or engaged in legal proceedings with an employee it will be more difficult to verify your policies and procedures.




Job description


What is it? A job description sets out the scope of the role (i.e. duties and responsibilities), any skills, experience and qualifications required, the ethos and culture of your business, salary and other staff benefits. It is important as it helps you clarify what you are looking for and will also help candidates determine whether they have the skills and experience for the role. Why is it important? Always review your job description before every recruitment exercise to ensure it accurately describes the job in question. Failing to do so may dissuade suitable candidates from applying or encourage unsuitable candidates to apply. Risks It is essential that you avoid using discriminatory words in your job description eg “bright, energetic, young man” or “ an Italian” person when you actually require someone who speaks Italian as these would indicate a preference based on gender, disability, age and ethnicity.




Job offer letter


What is it? You should always confirm a job offer in writing and ask the candidate to confirm their acceptance of the offer. Why is it important? A job offer letter is a letter offering employment after an interview and summarising the basic terms of employment (if you are providing the employment contract with the offer letter) or summarising the main employment terms (if you will not be providing the employment contract until a later date) Risks Always ensure that the offer letter specifies the conditions to which the offer is subject eg “subject to satisfactory references” and that you retain a signed copy of the offer letter and contract in the staff member’s personnel records.




Non-executive director letter of appointment


What is it? This is a formal letter appointing a person as a non-executive director of a company. It sets out the key terms of the appointment and the director’s duties and responsibilities. Why is it important? As a director is more likely to be exposed to confidential information and have more responsibility this contract will include clauses which help to protect the business’s interests eg garden leave, confidentiality, non-solicitation clauses and restrictive covenants.




Senior employment contract


What is it? This is a more complex contract of employment between a senior employee or director/executive and an employer . It sets out the employment terms and conditions of employment and the standard areas of the employment. Why is it important? As a senior executive is more likely to be exposed to confidential information and have more responsibility this contract will include clauses which help to protect the business’s interests eg garden leave, confidentiality, non-solicitation clauses and restrictive covenants and ensure any intellectual property created by the employee belongs to the business.




Zero hours contract


What is it? This is a casual agreement between an individual and a business where the worker works “as and when” the employer needs the labour. There is no guarantee of any set hours and the worker is not obliged to work the hours offered. Why is it important? A zero-hours contract should be used where the business simply wishes to hire a worker on a casual basis and would benefit from not having to give the worker a guaranteed number of hours and days of work. This contract is useful for seasonal work or special events eg in the agriculture business, hospitality and catering business; when a business is entering a new market and is unsure of how many staff members it will need; in cases of unexpected absence from work eg to provide cover where there is sudden sickness or absence from work etc. They are often used in the healthcare, agriculture, hotels, restaurants and education sectors. In the UK workers operating under zero-hours contracts are entitled to rest breaks, annual leave, sick pay and protection from discrimination and must be paid the national minimum wage for hours worked. Risks Zero-hours contracts are controversial due to the uncertainty of the work and the fact there is no guaranteed employment. They do however serve a purpose by providing a flexible labour market and a route into more permanent employment. You should ensure that your zero-hours contract clearly sets out your employee’s employee status, rights and obligations.




Consultancy agreement


What is it? A consultancy agreement is a contract between a self-employed person (Consultant) and a customer requiring the consultant’s services.It is similar to the standard contract used to hire a freelancer. Why is it important? This agreement clarifies the basic terms of your relationship with the freelancer eg the work to be done, fees payable and other terms of the agreement eg a non-solicitation clause, confidentiality clause, data protection, ownership of any intellectual property created by the freelancer, indemnification clause for any losses you incur due to the freelancer’s breaches of third party intellectual property. Etc. More specialist freelancers may want you to sign up to their own bespoke terms and conditions when you instruct them. If that is the case you must ensure that you check all the clauses carefully to ensure that they do not conflict with your requirements and that you are happy with the terms eg consultant to be liable for breaches of your Intellectual property and third party intellectual property, confidentiality, fee payable, data protection, indemnification clause etc. Risks You should also ensure that you are aware of the IR35 tax rules. If a freelancer is providing services to you through a company your arrangement may be subject to the IR35 tax rules. This means that the freelancer may have to pay tax and national insurance as if they were employed by you. HMRC has a useful tool at www.gov.uk to enable businesses check employment status for tax purposes. From April 2020 if you are a medium or large business the responsibility for determining whether the IR35 tax rules applies to the consultancy and for payment of the income tax and national insurance on behalf of the freelancer lies with the company to whom the freelancer provides the services. If you are a “small business” (i.e. a business which satisfies two or more of the following requirements – i) a turnover of £10.2 million or less, ii) no more than 50 staff and iii) a balance sheet f no more than £5.1million the responsibility for determining whether the IR35 tax rules apply and for payment of the tax and national insurance lies with the freelancer.




Employment contract


What is it? An employment contract is an agreement between the employer and employee setting out the rights and duties of the employer and employee. An employment agreement is vital as it forms the legal relationship between the employer and the employee. Why is it important? If you have employees, you are legally obliged to provide them with a written statement of their basic terms of employment in writing no later than two months after they start work. From 6 April 2020 this obligation will extend to casual workers and all new employees must be provided with this written statement and additional information on or before the staff member’s first day of work. Risks If things go wrong an employment agreement will clarify the legal relationship between the employer and employee and will help the court or tribunal in providing a solution in the event of a dispute between the employer and employee. Think of an employment contract as your passport to nurturing good employment relations with your staff and running a good, progressive business. If your employee will be part-time do note that part-time staff and fixed term staff (temporary employees) must be treated equally with full-time staff. This means that a part-time or temporary employee on the same role must get the same pay or benefits as a comparable full-time member of staff pro-rated for the length of time they will be with you. Comparable employees are those doing the same or broadly similar work at the same place of work or at a different location.




Change to employment terms letter


What is it?

As an employer sometimes you may have business reasons that means you need to change your employees terms and conditions of employment (eg basic rate, overtime, bonus, working location, duties and responsibilities, hours/days of work, holiday or sick pay entitlement). This is called a “variation” of the contracts of employment.

Why is it important?

You can only do this if (a) you have a provision in the contract that allows the change. This clause is usually called a “flexibility clause” and may be in your contract or Company Handbook. (b) the employees agree the change or (c) the employees representative eg a Trade Union agrees the change.

Risks

You must have sound business reasons for making any change and follow a fair consultation procedure with your employees before you introduce the changes. If the employees do not agree the change and you believe that it is a reasonable change you can force a new contract on your employees. However, this should be used only as a last resort as it could lead to an employee raising a grievance and ultimately a claim to an Employment Tribunal. Once the change has been agreed you should ensure that each employee signs the new contract to confirm the employee has accepted the change and that you keep a copy.

Please contact our employment solicitors if you are thinking of making a change to your employment contracts.




Working time directive opt out letter


What is it? The Working Time Directive prevents employees from being forced to work more than 48 hours per week unless they freely agree to opt out of the directive. To opt out of the 48 hours limit your employees can sign an “Opt-out of the Working Time Directive Agreement”. Why is it important? This is an agreement between an employer and a worker or employee for the purposes of the Working Time Regulations 1998 whereby the employee or worker agrees to opt-out of the maximum weekly working time limit of 48 hours for a period or indefinitely. Such agreements are usually signed by doctors, police officers a, long-haulage truck drivers and others whose jobs necessitate long working hours. Risks You cannot sack or treat your employee unfairly if they refused to opt out.




Probation letter


What is it? A probation letter is a letter by which an employer informs an employee that their probation period has finished and tells them the outcome of the probation. The outcome may be threefold: (a) that the employee has successfully completed their probationary period and their employment will continue OR (b) the employee’s probation will be extended as the employee’s performance needs to improve OR (c) the employee’s employment is being terminated as the employee has not met the company’s performance requirements. Our employment solicitors can provided you with a suite of sample employment probation letters to use as a guide. Employers should adapt the content to suit their requirements and or contact us for further advice if required.




Flexible working request


What is it? An employee can make a “flexible working request” to their employer if they want to work part-time instead of full-time, change their start and finishing times, work compressed hours(i.e. do their standard hours over fewer days), job-share or do “flexi-time”. Flexitime is where an employee is granted permission to be flexible with their start and finish times. Why is it important? The law provides that an employee has the right to make a flexible working request if (a) the employee has worked for their employer for at least 26 weeks (b) the member of staff is legally classed as an employee and (c) the employee has not made any other flexible working request in the last 12 months. By law, if the employee has the right to make the request the employer is obliged to look at the request fairly in accordance with the Acas Code of Practice on flexible working requests and, make a decision within 3 months.




Grievance letter


What is it?

A grievance is a concern, problem or complaint raised by an employee in the workplace about their work, their manager, other staff member or the workplace. It could be about the employee’s pay and benefits, work conditions, workload, bullying or harassment. There is no legally binding process that an employer must follow when handling a grievance at work. However, it is best practice as an employer to have a grievance procedure.

Why is it important?

A grievance procedure is one of the ways to resolve a problem at work. This procedure can be set out in the employment contract, company handbook, HR intranet site or in your Human Resources manual.

Risks

If you do not have a grievance procedure you should ensure that you follow the Acas Code of Practice on Disciplinary and Grievance procedures if an employee comes to you with a grievance.

When an employee raises a workplace grievance you must take them seriously. Whether or not the grievance is valid you must investigate the grievance as it could be having a negative effect on the staff concerned and may lead to disgruntled staff and loss of valuable staff. Having an informal chat when an employee comes to you with an issue may be all that is needed. If the chat does not resolve the problem, you must investigate the problem .An employee should not be dismissed or treated unfairly for raising a genuine grievance.

An employee who is disadvantaged or dismissed for raising a grievance can raise a claim in the Employment Tribunal for unfair dismissal or automatic unfair dismissal. An employee would usually be expected to lodge a grievance before claiming constructive dismissal otherwise any damages awarded the employee at the Employment Tribunal could be reduced.

Avoid grievances in your workplace by contacting Pure Business law, your expert employment lawyers.





Managing licenses


Running an online business


Protecting your IP


Business Relationships


Writing a business plan


 

Managing employee performance

Invitation letter to a disciplinary appeal hearing for misconduct


What is it?

Make sure you do things right when you discipline an employee. Our employment solicitors can provide you with a disciplinary hearing letter/notice to be sent to the employee which sets out in clear and simple terms the disciplinary allegations, process to be followed, the employee's rights and potential sanctions.

Why is it important?

If you are formally disciplining an employee for misconduct, this letter ensures that you are complying with the unfair dismissal laws. It also meets the requirements of the statutory ACAS Code of Practice on Disciplinary and Grievance Procedures. It is always best practice to give the employee a right to appeal any misconduct decision. The letter should tell the employee they must appeal in writing with their grounds of appeal. If you accept an appeal by the employee, you should respond with a letter inviting the employee to an appeal hearing for misconduct.

Risks

Non-compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures will be taken into account by an employment tribunal when deciding whether an employee has been treated fairly and can also result in the tribunal increasing the amount of compensation awarded your employee if the case went to court.




Invitation letter to an appeal hearing for misconduct


What is it?

The right to appeal against the outcome of disciplinary action is an important element of a fair disciplinary process. Where an employee appeals against a disciplinary sanction, the employer should invite them to a disciplinary appeal hearing.

Why is it important?

The ACAS Code of Practice on Disciplinary and Grievance Procedures states that the employee should be given the right to appeal against any disciplinary sanction or decision.Our employment solicitors can provide you with an invitation letter to an appeal hearing that helps ensure that your processes are watertight. The invitation should include information about the employee's right to be accompanied at the appeal hearing.

Risks

Non-compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures will be taken into account by an employment tribunal when deciding whether an employee has been treated fairly and can also result in the tribunal increasing the amount of compensation awarded if the case went to court.




Disciplinary outcome letter for misconduct - warning or no action


What is it?

This is a letter that can be used to inform the employee of the outcome of the disciplinary meeting when the outcome is a warning or that no further action is to be taken by the employer.




Invitation letter to a performance appeal hearing


What is it?

This is a letter that should be used to invite an employee to a performance appeal hearing.




Invitation letter to a performance appraisal


What is it?

An appraisal is a formal process that allows you and a member of staff to assess the staff member’s performance over a period of time eg on a 6 month or 12 month basis. A detailed appraisal has a number of benefits for you and your employees.

Why is it important?

For example, it gives you the opportunity to:

1. review and provide feedback on their performance and set objectives to maximise performance.

2. It also gives the employee the opportunity to comment on their performance, suggest improvements and bring any problems to your attention.

3. It can therefore assist in motivating employees, resolution of problems and the prevention of legal disputes.

Our employment solicitors can provide you with an invitation to attend an appraisal meeting letter tailored to your specific requirements. This letter sets the date for the meeting, who will conduct the meeting and whether the member of staff needs to bring any particular documents or information to the meeting.

Contact our employment law solicitors on 01234 938089.




Poor performance outcome letter - warning or no action


What is it?

This is a letter that can be used to inform the employee of the outcome of the poor performance meeting when the outcome is a warning or no further action is to be taken.




Disciplinary procedure


What is it?

A disciplinary procedure is a formal way for an employer to deal with an employee’s unacceptable or improper behaviour (‘misconduct’) or performance (‘capability’).

Why is it important?

You should put your disciplinary procedure in writing and make it easily available to all staff. IIt should say what performance and behaviour might lead to disciplinary action and what action your employer might take.

It should also include the name of someone you can speak to if you do not agree with your employer’s disciplinary decision.

Disciplinary steps : Your disciplinary procedure should include the following steps:

  1. A letter setting out the issue.

  2. A meeting to discuss the issue.

  3. A disciplinary decision.

  4. A chance to appeal this decision.

Risks

Before starting a disciplinary procedure against a member of staff , you should first see whether the problem can be resolved in an informal way. This can often be the quickest and easiest solution.

If you need help in resolving an employment matter or dispute, please contact our employment solicitors on 01234 938089. We can provide you with advice on a fixed fee basis.




Suspension Letter


What is it? This is a letter that can be used to inform the employee that the employee will be suspended pending investigation of the disciplinary allegations.




Dismissal letter for misconduct


What is it? This Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal on the grounds of misconduct falling short of Gross Misconduct. Why is it important? To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




Dismissal letter for poor performance


What is it? This Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal for poor performance. Why is it important? To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




Gross misconduct dismissal letter


What is it? This Gross Misconduct Notice of Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal on the ground of gross misconduct. An employee can be dismissed “on the spot” for gross misconduct eg fighting at work. Why is it important? However it is best practice to follow up a gross misconduct “on the spot dismissal” with a letter fully explaining the dismissal and the reasons for the dismissal. Risks To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




Dismissal letter for employees without unfair dismissal rights


What is it? This Dismissal Letter should be used to inform the employee of their dismissal when they have under two years’ service with the employer. Why is it important? It is best practice to put an employee on a performance improvement plan(PIP) first before dismissing them irrespective of their length of service. This letter can be used where an employee is dismissed either with or without having been put on a performance improvement plan. In all cases, the employer should adopt a professional and respectful tone when communicating with the soon-to-be dismissed employee. Risks To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




Appeal letter


What is it?

This is a letter from an employee against whom a disciplinary sanction has been imposed appealing against the dismissal.

If you need help in resolving an employment matter or dispute, please contact our employment solicitors on 01234 938089. We can provide you with advice on a fixed fee basis.





Reorganisation & Redundancies

At risk of redundancy letter


What is it? This is a letter that can be used to inform the employee that the employee is at risk of being made redundant.




Dismissal for redundancy letter


What is it? This is a letter that can be used to inform the employee that the employee is being dismissed for redundancy reasons. Why is it important? It is best practice for the employee to be given the right of appeal against redundancy.




Invitation to a redundancy appeal meeting


What is it? This is a letter to an employee inviting them to a redundancy appeal meeting.




Redundancy consultation letter


What is it? This is a letter to an employee informing them of the redundancy consultation procedure. Why is it important? The letter should contain details of the consultation procedure.