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
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:
-
A letter setting out the issue.
-
A meeting to discuss the issue.
-
A disciplinary decision.
-
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?
Dismissal letter for misconduct
What is it?
Dismissal letter for poor performance
What is it?
Gross misconduct dismissal letter
What is it?
Dismissal letter for employees without unfair dismissal rights
What is it?
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.
HR Policies
Communications and equipment policy
What is it?
Data protection and data security policy
What is it?
A data protection policy is an internal document that serves as the core of a business’s GDPR compliance practices.
It explains the GDPR’s requirements to employees and states the business’s commitment to compliance. The policy does not need to include specific details on how the business will meet the Regulation’s requirements, as these will be covered in the business’s procedures.
Why do you need a GDPR data protection policy?
-
to provide the groundwork from which your business can achieve GDPR compliance.
-
to make the GDPR understandable to your staff.
-
to prove that your business is committed to GDPR compliance.
Why is it important?
We highly recommend our clients to have the following data protection related policies :
a)Encryption policies
b)Acceptable use policies
c) Password policies
c)Email policies
d)Data-processing policies
Risks
Your business’s policies are at the heart of your business operations. They set out exactly how employees should handle certain issues, ensuring that everybody is following agreed best practices.
Effective policies are all the more important now that the Data Protection Act 2018 and the GDPR (General Data Protection Regulations) are in place. The DPA and the GDPR are not just about implementing technological and organisational measures to protect the information your business stores.
You also need to demonstrate your compliance, which is why data security policies are essential.
Employee training is vital to ensure each of these policies is maintained.
For advice and more information on Data Protection, contact your expert Data Protection solicitors at Pure Business Law.
Social media policy
Equal opportunities policy
Flexible working policy
Health and safety policy
Grievance procedure
Redundancy policy
Sickness policy
Maternity policy
Parental leave policy
Paternity policy
Shared parental leave policy
Environmental policy
Protecting your IP
Software Development Agreement
What is it?
Freelancer Agreement
Internship Agreement
What is it?
Staff Handbook
What is it?
Job description
What is it?
Job offer letter
Non-executive director letter of appointment
Senior employment contract
Zero hours contract
Consultancy agreement
Employment contract
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?
Probation letter
What is it?
Flexible working request
What is it?
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
Business Relationships
Joint Venture Agreement
Manufacturing Agreement
Memorandum of Understanding
Agency Agreement
Referral Agreement
Licensing Agreement
End User Licence Agreement
Service Level Agreement
Partnership agreement
LLP agreement
Distribution agreement
Model release letter
Sales agency agreement
Sub-contracting agreement
Franchise Agreement
Managing licenses
Running an online business
Protecting your IP
Business Relationships
Writing a business plan
Running an online business
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:
-
A letter setting out the issue.
-
A meeting to discuss the issue.
-
A disciplinary decision.
-
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?
Dismissal letter for misconduct
What is it?
Dismissal letter for poor performance
What is it?
Gross misconduct dismissal letter
What is it?
Dismissal letter for employees without unfair dismissal rights
What is it?
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.
Buying & Selling Goods & Services
Communications and equipment policy
What is it?
Data protection and data security policy
What is it?
A data protection policy is an internal document that serves as the core of a business’s GDPR compliance practices.
It explains the GDPR’s requirements to employees and states the business’s commitment to compliance. The policy does not need to include specific details on how the business will meet the Regulation’s requirements, as these will be covered in the business’s procedures.
Why do you need a GDPR data protection policy?
-
to provide the groundwork from which your business can achieve GDPR compliance.
-
to make the GDPR understandable to your staff.
-
to prove that your business is committed to GDPR compliance.
Why is it important?
We highly recommend our clients to have the following data protection related policies :
a)Encryption policies
b)Acceptable use policies
c) Password policies
c)Email policies
d)Data-processing policies
Risks
Your business’s policies are at the heart of your business operations. They set out exactly how employees should handle certain issues, ensuring that everybody is following agreed best practices.
Effective policies are all the more important now that the Data Protection Act 2018 and the GDPR (General Data Protection Regulations) are in place. The DPA and the GDPR are not just about implementing technological and organisational measures to protect the information your business stores.
You also need to demonstrate your compliance, which is why data security policies are essential.
Employee training is vital to ensure each of these policies is maintained.
For advice and more information on Data Protection, contact your expert Data Protection solicitors at Pure Business Law.
Social media policy
Equal opportunities policy
Flexible working policy
Health and safety policy
Grievance procedure
Redundancy policy
Sickness policy
Maternity policy
Parental leave policy
Paternity policy
Shared parental leave policy
Environmental policy
Managing a company
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:
-
A letter setting out the issue.
-
A meeting to discuss the issue.
-
A disciplinary decision.
-
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?
Dismissal letter for misconduct
What is it?
Dismissal letter for poor performance
What is it?
Gross misconduct dismissal letter
What is it?
Dismissal letter for employees without unfair dismissal rights
What is it?
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.
Settlement agreements & Ref
Settlement agreement
What is it?
A Settlement Agreement is a binding contract between an employer and employee which settles claims that an employee may have against their employer. Whilst such an agreement is usually used in relation to be ending the employment it may also be used to settle a dispute that has arisen between an employer and employee where there is no intention by either party to end the employment.
Why is it important?
The terms of the settlement agreement must be mutually agreed between the employer and employee and must include a waiver of the specific claims which the employee has or could have. The agreement should contain a breakdown of the payments which have been agreed and should also state whether any of the payments are to be paid to the employee free of tax. Payments of up to £30k compensation can often be paid without deduction of tax if the payment is being made on an “ex gratia basis” (i.e. it is a payment you have voluntarily decided to make rather than one that you are legally obliged to make) or as compensation damages for a breach of contract.
Risks?
For a settlement agreement to be legally binding it must meet a number of statutory requirements eg it must be in writing, must specify the particular claims or complaints which the agreement is settling and the employee must have received advice on the terms and effect of the agreement from an independent solicitor or a trade union official whose advice is covered by insurance.
If the settlement agreement does not meet all of the statutory requirements, it will not be binding and the employee can still bring claims against the employer relating to the claims allegedly “settled” by the settlement agreement.It is a good idea to take proper legal advice before you decide to enter into a settlement agreement.
Reference letter
What is it?
A Reference letter is a letter that is usually written to testify to a person’s or (sometimes) a company’s skills, experience, character and or achievements. It is used in various circumstances eg when a candidate applies for a job and needs a reference to support their application, if a job candidate is made a job offer and is asked to provide a reference letter before the contract can be signed, a landlord asks a prospective tenant to provide a reference letter testifying to their character and good financial statues, a student applies for funding and is asked to provide a reference letter or a company applies for a tender and is asked to provide reference letters testifying to their ability to do the job and their trustworthiness.
Why is it important?
A Reference letter is a formal document and should be written in a business-like style. Do not mention any weaknesses that the candidate has or say anything that could be construed as derogatory or libel. If you honestly feel that the applicant has no good qualities or if you have had a dispute with them in the past you should tell them to get a reference letter from someone else. An employer must give a reference if there was a written agreement to do so and they are in a regulated industry such as Financial services.
Risks
You are under no obligation to give a work reference but if you do it must be fair and accurate. Your employee may be able to sue you in court and claim damages if you give a reference, they think is misleading or unfair. To do so the employee must be able to show that (a ) the reference is misleading or inaccurate and (b) they suffered a loss eg a job offer was withdrawn.It is essential that you do not lie in it or you could be sued.
Need some advice? Contact our employment solicitors.
Commercial notices
Communications and equipment policy
What is it?
Data protection and data security policy
What is it?
A data protection policy is an internal document that serves as the core of a business’s GDPR compliance practices.
It explains the GDPR’s requirements to employees and states the business’s commitment to compliance. The policy does not need to include specific details on how the business will meet the Regulation’s requirements, as these will be covered in the business’s procedures.
Why do you need a GDPR data protection policy?
-
to provide the groundwork from which your business can achieve GDPR compliance.
-
to make the GDPR understandable to your staff.
-
to prove that your business is committed to GDPR compliance.
Why is it important?
We highly recommend our clients to have the following data protection related policies :
a)Encryption policies
b)Acceptable use policies
c) Password policies
c)Email policies
d)Data-processing policies
Risks
Your business’s policies are at the heart of your business operations. They set out exactly how employees should handle certain issues, ensuring that everybody is following agreed best practices.
Effective policies are all the more important now that the Data Protection Act 2018 and the GDPR (General Data Protection Regulations) are in place. The DPA and the GDPR are not just about implementing technological and organisational measures to protect the information your business stores.
You also need to demonstrate your compliance, which is why data security policies are essential.
Employee training is vital to ensure each of these policies is maintained.
For advice and more information on Data Protection, contact your expert Data Protection solicitors at Pure Business Law.
Social media policy
Equal opportunities policy
Flexible working policy
Health and safety policy
Grievance procedure
Redundancy policy
Sickness policy
Maternity policy
Parental leave policy
Paternity policy
Shared parental leave policy
Environmental policy
Letting a commercial property
Communications and equipment policy
What is it?
Data protection and data security policy
What is it?
A data protection policy is an internal document that serves as the core of a business’s GDPR compliance practices.
It explains the GDPR’s requirements to employees and states the business’s commitment to compliance. The policy does not need to include specific details on how the business will meet the Regulation’s requirements, as these will be covered in the business’s procedures.
Why do you need a GDPR data protection policy?
-
to provide the groundwork from which your business can achieve GDPR compliance.
-
to make the GDPR understandable to your staff.
-
to prove that your business is committed to GDPR compliance.
Why is it important?
We highly recommend our clients to have the following data protection related policies :
a)Encryption policies
b)Acceptable use policies
c) Password policies
c)Email policies
d)Data-processing policies
Risks
Your business’s policies are at the heart of your business operations. They set out exactly how employees should handle certain issues, ensuring that everybody is following agreed best practices.
Effective policies are all the more important now that the Data Protection Act 2018 and the GDPR (General Data Protection Regulations) are in place. The DPA and the GDPR are not just about implementing technological and organisational measures to protect the information your business stores.
You also need to demonstrate your compliance, which is why data security policies are essential.
Employee training is vital to ensure each of these policies is maintained.
For advice and more information on Data Protection, contact your expert Data Protection solicitors at Pure Business Law.
Social media policy
Equal opportunities policy
Flexible working policy
Health and safety policy
Grievance procedure
Redundancy policy
Sickness policy
Maternity policy
Parental leave policy
Paternity policy
Shared parental leave policy
Environmental policy
Sale and Purchase of Commerial Property
Licence to assign
Licence to sublet
Sale Agreement
Purchase Agreement
Buying & Selling a business
Joint Venture Agreement
Manufacturing Agreement
Memorandum of Understanding
Agency Agreement
Referral Agreement
Licensing Agreement
End User Licence Agreement
Service Level Agreement
Partnership agreement
LLP agreement
Distribution agreement
Model release letter
Sales agency agreement
Sub-contracting agreement
Franchise Agreement
Managing licenses
Running an online business
Protecting your IP
Business Relationships
Writing a business plan
Operating as a Sole Trader
Settlement agreement
What is it?
A Settlement Agreement is a binding contract between an employer and employee which settles claims that an employee may have against their employer. Whilst such an agreement is usually used in relation to be ending the employment it may also be used to settle a dispute that has arisen between an employer and employee where there is no intention by either party to end the employment.
Why is it important?
The terms of the settlement agreement must be mutually agreed between the employer and employee and must include a waiver of the specific claims which the employee has or could have. The agreement should contain a breakdown of the payments which have been agreed and should also state whether any of the payments are to be paid to the employee free of tax. Payments of up to £30k compensation can often be paid without deduction of tax if the payment is being made on an “ex gratia basis” (i.e. it is a payment you have voluntarily decided to make rather than one that you are legally obliged to make) or as compensation damages for a breach of contract.
Risks?
For a settlement agreement to be legally binding it must meet a number of statutory requirements eg it must be in writing, must specify the particular claims or complaints which the agreement is settling and the employee must have received advice on the terms and effect of the agreement from an independent solicitor or a trade union official whose advice is covered by insurance.
If the settlement agreement does not meet all of the statutory requirements, it will not be binding and the employee can still bring claims against the employer relating to the claims allegedly “settled” by the settlement agreement.It is a good idea to take proper legal advice before you decide to enter into a settlement agreement.
Reference letter
What is it?
A Reference letter is a letter that is usually written to testify to a person’s or (sometimes) a company’s skills, experience, character and or achievements. It is used in various circumstances eg when a candidate applies for a job and needs a reference to support their application, if a job candidate is made a job offer and is asked to provide a reference letter before the contract can be signed, a landlord asks a prospective tenant to provide a reference letter testifying to their character and good financial statues, a student applies for funding and is asked to provide a reference letter or a company applies for a tender and is asked to provide reference letters testifying to their ability to do the job and their trustworthiness.
Why is it important?
A Reference letter is a formal document and should be written in a business-like style. Do not mention any weaknesses that the candidate has or say anything that could be construed as derogatory or libel. If you honestly feel that the applicant has no good qualities or if you have had a dispute with them in the past you should tell them to get a reference letter from someone else. An employer must give a reference if there was a written agreement to do so and they are in a regulated industry such as Financial services.
Risks
You are under no obligation to give a work reference but if you do it must be fair and accurate. Your employee may be able to sue you in court and claim damages if you give a reference, they think is misleading or unfair. To do so the employee must be able to show that (a ) the reference is misleading or inaccurate and (b) they suffered a loss eg a job offer was withdrawn.It is essential that you do not lie in it or you could be sued.
Need some advice? Contact our employment solicitors.
Ending or Assigning an Existing Agreement
Letter ending a contract
- The letter contains a clear description of the reasons for the termination of the contract.
- The date of termination is mentioned.
- The letter thanks the other party for their services.
Our contract solicitors can provide you with a bespoke letter for a reasonable fixed fee that you can use to cancel a contract or agreement.
Letter assigning a contract
What is it?
Transferring a contract from one party to another is known as ‘assigning’ a contract or ‘an assignment’ of the contract. An assignment ends one party’s involvement in the contract and transfers their contractual rights, benefits and interests to a new party.
Risks
Some contracts may contain a clause prohibiting assignment; other contracts may require the other party to consent to the assignment. Unless assignment is prohibited in a contract, a party may assign their rights to third party without the consent of the other party to the agreement. A letter of assignment is used to effect the assignment and will be signed by the outgoing party and the incoming party.
Health & Safety
Communications and equipment policy
What is it?
Data protection and data security policy
What is it?
A data protection policy is an internal document that serves as the core of a business’s GDPR compliance practices.
It explains the GDPR’s requirements to employees and states the business’s commitment to compliance. The policy does not need to include specific details on how the business will meet the Regulation’s requirements, as these will be covered in the business’s procedures.
Why do you need a GDPR data protection policy?
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to provide the groundwork from which your business can achieve GDPR compliance.
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to make the GDPR understandable to your staff.
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to prove that your business is committed to GDPR compliance.
Why is it important?
We highly recommend our clients to have the following data protection related policies :
a)Encryption policies
b)Acceptable use policies
c) Password policies
c)Email policies
d)Data-processing policies
Risks
Your business’s policies are at the heart of your business operations. They set out exactly how employees should handle certain issues, ensuring that everybody is following agreed best practices.
Effective policies are all the more important now that the Data Protection Act 2018 and the GDPR (General Data Protection Regulations) are in place. The DPA and the GDPR are not just about implementing technological and organisational measures to protect the information your business stores.
You also need to demonstrate your compliance, which is why data security policies are essential.
Employee training is vital to ensure each of these policies is maintained.
For advice and more information on Data Protection, contact your expert Data Protection solicitors at Pure Business Law.
Social media policy
Equal opportunities policy
Flexible working policy
Health and safety policy
Grievance procedure
Redundancy policy
Sickness policy
Maternity policy
Parental leave policy
Paternity policy
Shared parental leave policy
Environmental policy
Planning & Highways
Communications and equipment policy
What is it?
Data protection and data security policy
What is it?
A data protection policy is an internal document that serves as the core of a business’s GDPR compliance practices.
It explains the GDPR’s requirements to employees and states the business’s commitment to compliance. The policy does not need to include specific details on how the business will meet the Regulation’s requirements, as these will be covered in the business’s procedures.
Why do you need a GDPR data protection policy?
-
to provide the groundwork from which your business can achieve GDPR compliance.
-
to make the GDPR understandable to your staff.
-
to prove that your business is committed to GDPR compliance.
Why is it important?
We highly recommend our clients to have the following data protection related policies :
a)Encryption policies
b)Acceptable use policies
c) Password policies
c)Email policies
d)Data-processing policies
Risks
Your business’s policies are at the heart of your business operations. They set out exactly how employees should handle certain issues, ensuring that everybody is following agreed best practices.
Effective policies are all the more important now that the Data Protection Act 2018 and the GDPR (General Data Protection Regulations) are in place. The DPA and the GDPR are not just about implementing technological and organisational measures to protect the information your business stores.
You also need to demonstrate your compliance, which is why data security policies are essential.
Employee training is vital to ensure each of these policies is maintained.
For advice and more information on Data Protection, contact your expert Data Protection solicitors at Pure Business Law.
Social media policy
Equal opportunities policy
Flexible working policy
Health and safety policy
Grievance procedure
Redundancy policy
Sickness policy
Maternity policy
Parental leave policy
Paternity policy
Shared parental leave policy
Environmental policy
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:
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A letter setting out the issue.
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A meeting to discuss the issue.
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A disciplinary decision.
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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?
Dismissal letter for misconduct
What is it?
Dismissal letter for poor performance
What is it?
Gross misconduct dismissal letter
What is it?
Dismissal letter for employees without unfair dismissal rights
What is it?
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
Settlement agreement
What is it?
A Settlement Agreement is a binding contract between an employer and employee which settles claims that an employee may have against their employer. Whilst such an agreement is usually used in relation to be ending the employment it may also be used to settle a dispute that has arisen between an employer and employee where there is no intention by either party to end the employment.
Why is it important?
The terms of the settlement agreement must be mutually agreed between the employer and employee and must include a waiver of the specific claims which the employee has or could have. The agreement should contain a breakdown of the payments which have been agreed and should also state whether any of the payments are to be paid to the employee free of tax. Payments of up to £30k compensation can often be paid without deduction of tax if the payment is being made on an “ex gratia basis” (i.e. it is a payment you have voluntarily decided to make rather than one that you are legally obliged to make) or as compensation damages for a breach of contract.
Risks?
For a settlement agreement to be legally binding it must meet a number of statutory requirements eg it must be in writing, must specify the particular claims or complaints which the agreement is settling and the employee must have received advice on the terms and effect of the agreement from an independent solicitor or a trade union official whose advice is covered by insurance.
If the settlement agreement does not meet all of the statutory requirements, it will not be binding and the employee can still bring claims against the employer relating to the claims allegedly “settled” by the settlement agreement.It is a good idea to take proper legal advice before you decide to enter into a settlement agreement.
Reference letter
What is it?
A Reference letter is a letter that is usually written to testify to a person’s or (sometimes) a company’s skills, experience, character and or achievements. It is used in various circumstances eg when a candidate applies for a job and needs a reference to support their application, if a job candidate is made a job offer and is asked to provide a reference letter before the contract can be signed, a landlord asks a prospective tenant to provide a reference letter testifying to their character and good financial statues, a student applies for funding and is asked to provide a reference letter or a company applies for a tender and is asked to provide reference letters testifying to their ability to do the job and their trustworthiness.
Why is it important?
A Reference letter is a formal document and should be written in a business-like style. Do not mention any weaknesses that the candidate has or say anything that could be construed as derogatory or libel. If you honestly feel that the applicant has no good qualities or if you have had a dispute with them in the past you should tell them to get a reference letter from someone else. An employer must give a reference if there was a written agreement to do so and they are in a regulated industry such as Financial services.
Risks
You are under no obligation to give a work reference but if you do it must be fair and accurate. Your employee may be able to sue you in court and claim damages if you give a reference, they think is misleading or unfair. To do so the employee must be able to show that (a ) the reference is misleading or inaccurate and (b) they suffered a loss eg a job offer was withdrawn.It is essential that you do not lie in it or you could be sued.
Need some advice? Contact our employment solicitors.