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
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
HR Policies
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
Protecting your IP
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
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
Cookie Policy
Terms of Business
Commission Linking Agreement
Consent Notices
-
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.
GDPR Compliance
Terms and conditions for sale of goods to consumers via a website
Terms and conditions for supply of services to consumers via a website
Email footer and disclaimer
Website terms and conditions
Privacy policy
Website Terms of Use or Online Terms of Use
Managing licenses
Running an online business
Protecting your IP
Business Relationships
Writing a business plan
Buying & Selling Goods & Services
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
Managing a company
Notice of breach of covenants
What is it?
This is popularly called a Section 146 Notice (it is a notice required to be served by section 146 of the Law of Property Act 1925 and relates solely to business tenants) that warns a tenant who is in breach of covenant (other than the covenant to pay rent) of the landlord’s intention to forfeit the lease on ground of the breach of covenant.
Why is it important?
“Forfeiture” is the right of the landlord to re-enter the commercial property and take back possession of the property if a covenant has been breached.
For the notice to be valid and binding the notice must specify the breach of covenant and if the breach is capable of remedy , require the tenant to remedy it and pay monetary compensation to the landlord for the breach.
A landlord can only serve such a notice if the lease contains a right to forfeit the lease (i.e. a right of re-entry). The notice must also contain certain prescribed information. If the tenant does not remedy the breach within a reasonable time the landlord can start forfeiture proceedings in the County Court.
Risks
A landlord who wants to forfeit the lease must avoid “waiving” the breach of covenant. Waiver occurs where a landlord becomes aware of a breach of the lease but does not take action against the tenant within a reasonable period or acknowledges the continuation of the lease by for example demanding rent or service charges or accepting rent payments from the tenant.
Break notice
What is it?
Break Notices are akin to options and are therefore strictly construed by the courts . From the tenant’s perspective, a properly drafted Break Clause gives them the opportunity to avoid being tied into a lease that they can no longer afford. This is a safety-net for a tenant – especially if they are just starting out.
Understandably though, a landlord who is receiving a steady rental income may be reluctant to lose a tenant, particularly in tough economic times.
Risks
Any tenant seeking to exercise the option to break the lease must check the lease carefully and ensure they follow the landlord’s “break clause conditions” to the letter. It is crucial when taking a lease that a tenant understands that the conditions of the Break Clause can easily defeat an option to break unless followed to the letter. If the conditions are not strictly followed the termination is not valid and the tenant remains a lessee until the expiry of the lease, the next break clause date or until the tenant is able to assign the lease with the landlord’s consent if there is such a provision in the lease.
A properly advised tenant should refuse any condition, other than up-to date payment of principal rent and giving up occupation.
Tenant's agreement to exclude security of tenure
What is it?
The Landlord and Tenant Act 1954 provides tenants of business premises with rights of ‘security of tenure’. This means that once a business tenant’s lease expires, the tenant has the right to request a new lease on the same terms as the previous lease (subject to agreement on terms, such as the amount of rent, any legislative updates etc), except where the landlord has a statutory ground to refuse a new lease (for instance, if the tenant has failed to pay rent or the landlord wishes to redevelop the premises).
Why is it important?
When agreeing to enter into a commercial or business lease, one of the things that will be discussed when agreeing Heads of Terms is whether your lease will be ‘protected’ with security of tenure, or ‘contracted out’ i.e. excluded’ from security of tenure. It is quite common for landlords to require that security of tenure rights are excluded from a lease. They do this by asking the prospective tenant to sign a notice in front of an independent solicitor agreeing to the exclusion of security of tenure under the lease.
Risks
This notice means that a tenant of commercial premises will not have the automatic right to request a renewal of their lease at the end of the term of the lease, leaving the landlord free to let the property to another tenant at the end of the term. This is because landlords often wish to retain strict control over the occupation of their property. If security of tenure is excluded, you the tenant, must vacate the property at the end of the lease in accordance with its terms unless you have negotiated a new lease with the landlord separately.
Landlord's notice to exclude security of tenure
Section 25 Notice
What is it?
This is a notice by the landlord under s25 of the Landlord and Tenant Act 1954.
Why is it important?
It allows the landlord to start a procedure which will end either in the tenant being granted a new lease or in the tenant vacating. This notice cannot be given before the last year of the lease terms nor after the tenant has served a request for a new tenancy under s26 of the Act.
Risks
The s25 notice must state the date on which the landlord intends to bring the existing lease to an end.
Section 26 Notice
What is it?
This is a notice given by the tenant requesting a new tenancy upon the termination of the old tenancy.
Why is it important?
The s26 request must specify the date on which the existing lease is to end.
Risks
This notice cannot be served before the last year of the agreed lease term nor can it be served after the landlord has served a s25 notice.
Licence for alterations
What is it?
This is a licence from the landlord to the tenant giving the tenant the right to carry out specific works or alterations to the property that is being let. The alterations may be major or minor.
Why is it important?
The Licence should include provisions as to the manner in which the tenant will carry out the works, timescales, reinstatement and (to the extent applicable) the Construction (Design and Management) Regulations 2015. Drawings and specifications showing the proposed works should be attached to the Licence so that it is clear what the landlord is consenting to.
If the proposed alterations are not substantial (e.g. the erection of demountable partitioning or signage) you can use a simple Letter- Licence to Alter.
Section 27 Notice
What is it?
Managing licenses
Running an online business
Protecting your IP
Business Relationships
Writing a business plan
Settlement agreements & Ref
Trademark (UK, EU, US, China)
-
words (eg the trademark “Nandos”) -
pictures and words (eg the Pure Business Law trademark). -
slogans (eg the Lidl strap line “Big on quality, Lidl on price”) -
colours (eg the Cadbury Dairy Milk purple as owned by Kraft ). -
sounds (eg the Match of the Day theme song played when their logo appears at the beginning of football matches) and -
Logos (eg the Mac OS logo); -
3D shapes (eg the Pepsi cola bottle shape)
Patent (Worldwide)
Should I register my invention as a patent?
-
You can prevent others using your product or process if they intend to use it for commercial purposes. -
You can profit from your patent by only permitting certain people to use it for commercial purposes and only on condition that they pay you or give you a percentage of the profits they make from using your patent.
-
The PATLIB (patent library) centre -
A Patent attorney through the Chartered Institute of Patent Attorneys at www.cipa.org.uk
IP Assignment Agreement
Registering Designs
Non-Disclosure Agreement (NDA)/Letter of confidentiality
one-way confidentiality agreement
Assignment of intellectual property
Copyright
Commercial notices
Notice of breach of covenants
What is it?
This is popularly called a Section 146 Notice (it is a notice required to be served by section 146 of the Law of Property Act 1925 and relates solely to business tenants) that warns a tenant who is in breach of covenant (other than the covenant to pay rent) of the landlord’s intention to forfeit the lease on ground of the breach of covenant.
Why is it important?
“Forfeiture” is the right of the landlord to re-enter the commercial property and take back possession of the property if a covenant has been breached.
For the notice to be valid and binding the notice must specify the breach of covenant and if the breach is capable of remedy , require the tenant to remedy it and pay monetary compensation to the landlord for the breach.
A landlord can only serve such a notice if the lease contains a right to forfeit the lease (i.e. a right of re-entry). The notice must also contain certain prescribed information. If the tenant does not remedy the breach within a reasonable time the landlord can start forfeiture proceedings in the County Court.
Risks
A landlord who wants to forfeit the lease must avoid “waiving” the breach of covenant. Waiver occurs where a landlord becomes aware of a breach of the lease but does not take action against the tenant within a reasonable period or acknowledges the continuation of the lease by for example demanding rent or service charges or accepting rent payments from the tenant.
Break notice
What is it?
Break Notices are akin to options and are therefore strictly construed by the courts . From the tenant’s perspective, a properly drafted Break Clause gives them the opportunity to avoid being tied into a lease that they can no longer afford. This is a safety-net for a tenant – especially if they are just starting out.
Understandably though, a landlord who is receiving a steady rental income may be reluctant to lose a tenant, particularly in tough economic times.
Risks
Any tenant seeking to exercise the option to break the lease must check the lease carefully and ensure they follow the landlord’s “break clause conditions” to the letter. It is crucial when taking a lease that a tenant understands that the conditions of the Break Clause can easily defeat an option to break unless followed to the letter. If the conditions are not strictly followed the termination is not valid and the tenant remains a lessee until the expiry of the lease, the next break clause date or until the tenant is able to assign the lease with the landlord’s consent if there is such a provision in the lease.
A properly advised tenant should refuse any condition, other than up-to date payment of principal rent and giving up occupation.
Tenant's agreement to exclude security of tenure
What is it?
The Landlord and Tenant Act 1954 provides tenants of business premises with rights of ‘security of tenure’. This means that once a business tenant’s lease expires, the tenant has the right to request a new lease on the same terms as the previous lease (subject to agreement on terms, such as the amount of rent, any legislative updates etc), except where the landlord has a statutory ground to refuse a new lease (for instance, if the tenant has failed to pay rent or the landlord wishes to redevelop the premises).
Why is it important?
When agreeing to enter into a commercial or business lease, one of the things that will be discussed when agreeing Heads of Terms is whether your lease will be ‘protected’ with security of tenure, or ‘contracted out’ i.e. excluded’ from security of tenure. It is quite common for landlords to require that security of tenure rights are excluded from a lease. They do this by asking the prospective tenant to sign a notice in front of an independent solicitor agreeing to the exclusion of security of tenure under the lease.
Risks
This notice means that a tenant of commercial premises will not have the automatic right to request a renewal of their lease at the end of the term of the lease, leaving the landlord free to let the property to another tenant at the end of the term. This is because landlords often wish to retain strict control over the occupation of their property. If security of tenure is excluded, you the tenant, must vacate the property at the end of the lease in accordance with its terms unless you have negotiated a new lease with the landlord separately.
Landlord's notice to exclude security of tenure
Section 25 Notice
What is it?
This is a notice by the landlord under s25 of the Landlord and Tenant Act 1954.
Why is it important?
It allows the landlord to start a procedure which will end either in the tenant being granted a new lease or in the tenant vacating. This notice cannot be given before the last year of the lease terms nor after the tenant has served a request for a new tenancy under s26 of the Act.
Risks
The s25 notice must state the date on which the landlord intends to bring the existing lease to an end.
Section 26 Notice
What is it?
This is a notice given by the tenant requesting a new tenancy upon the termination of the old tenancy.
Why is it important?
The s26 request must specify the date on which the existing lease is to end.
Risks
This notice cannot be served before the last year of the agreed lease term nor can it be served after the landlord has served a s25 notice.
Licence for alterations
What is it?
This is a licence from the landlord to the tenant giving the tenant the right to carry out specific works or alterations to the property that is being let. The alterations may be major or minor.
Why is it important?
The Licence should include provisions as to the manner in which the tenant will carry out the works, timescales, reinstatement and (to the extent applicable) the Construction (Design and Management) Regulations 2015. Drawings and specifications showing the proposed works should be attached to the Licence so that it is clear what the landlord is consenting to.
If the proposed alterations are not substantial (e.g. the erection of demountable partitioning or signage) you can use a simple Letter- Licence to Alter.
Section 27 Notice
What is it?
Managing licenses
Running an online business
Protecting your IP
Business Relationships
Writing a business plan
Letting a commercial property
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.
Sale and Purchase of Commerial Property
Licence to assign
Licence to sublet
Sale Agreement
Purchase Agreement
Buying & Selling a business
Trademark (UK, EU, US, China)
-
words (eg the trademark “Nandos”) -
pictures and words (eg the Pure Business Law trademark). -
slogans (eg the Lidl strap line “Big on quality, Lidl on price”) -
colours (eg the Cadbury Dairy Milk purple as owned by Kraft ). -
sounds (eg the Match of the Day theme song played when their logo appears at the beginning of football matches) and -
Logos (eg the Mac OS logo); -
3D shapes (eg the Pepsi cola bottle shape)
Patent (Worldwide)
Should I register my invention as a patent?
-
You can prevent others using your product or process if they intend to use it for commercial purposes. -
You can profit from your patent by only permitting certain people to use it for commercial purposes and only on condition that they pay you or give you a percentage of the profits they make from using your patent.
-
The PATLIB (patent library) centre -
A Patent attorney through the Chartered Institute of Patent Attorneys at www.cipa.org.uk
IP Assignment Agreement
Registering Designs
Non-Disclosure Agreement (NDA)/Letter of confidentiality
one-way confidentiality agreement
Assignment of intellectual property
Copyright
Operating as a Sole Trader
Licence to assign
Licence to sublet
Sale Agreement
Purchase Agreement
Ending or Assigning an Existing Agreement
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.
Health & Safety
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.
Planning & Highways
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.
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:
-
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.
Reorganisation & Redundancies
Notice of breach of covenants
What is it?
This is popularly called a Section 146 Notice (it is a notice required to be served by section 146 of the Law of Property Act 1925 and relates solely to business tenants) that warns a tenant who is in breach of covenant (other than the covenant to pay rent) of the landlord’s intention to forfeit the lease on ground of the breach of covenant.
Why is it important?
“Forfeiture” is the right of the landlord to re-enter the commercial property and take back possession of the property if a covenant has been breached.
For the notice to be valid and binding the notice must specify the breach of covenant and if the breach is capable of remedy , require the tenant to remedy it and pay monetary compensation to the landlord for the breach.
A landlord can only serve such a notice if the lease contains a right to forfeit the lease (i.e. a right of re-entry). The notice must also contain certain prescribed information. If the tenant does not remedy the breach within a reasonable time the landlord can start forfeiture proceedings in the County Court.
Risks
A landlord who wants to forfeit the lease must avoid “waiving” the breach of covenant. Waiver occurs where a landlord becomes aware of a breach of the lease but does not take action against the tenant within a reasonable period or acknowledges the continuation of the lease by for example demanding rent or service charges or accepting rent payments from the tenant.
Break notice
What is it?
Break Notices are akin to options and are therefore strictly construed by the courts . From the tenant’s perspective, a properly drafted Break Clause gives them the opportunity to avoid being tied into a lease that they can no longer afford. This is a safety-net for a tenant – especially if they are just starting out.
Understandably though, a landlord who is receiving a steady rental income may be reluctant to lose a tenant, particularly in tough economic times.
Risks
Any tenant seeking to exercise the option to break the lease must check the lease carefully and ensure they follow the landlord’s “break clause conditions” to the letter. It is crucial when taking a lease that a tenant understands that the conditions of the Break Clause can easily defeat an option to break unless followed to the letter. If the conditions are not strictly followed the termination is not valid and the tenant remains a lessee until the expiry of the lease, the next break clause date or until the tenant is able to assign the lease with the landlord’s consent if there is such a provision in the lease.
A properly advised tenant should refuse any condition, other than up-to date payment of principal rent and giving up occupation.
Tenant's agreement to exclude security of tenure
What is it?
The Landlord and Tenant Act 1954 provides tenants of business premises with rights of ‘security of tenure’. This means that once a business tenant’s lease expires, the tenant has the right to request a new lease on the same terms as the previous lease (subject to agreement on terms, such as the amount of rent, any legislative updates etc), except where the landlord has a statutory ground to refuse a new lease (for instance, if the tenant has failed to pay rent or the landlord wishes to redevelop the premises).
Why is it important?
When agreeing to enter into a commercial or business lease, one of the things that will be discussed when agreeing Heads of Terms is whether your lease will be ‘protected’ with security of tenure, or ‘contracted out’ i.e. excluded’ from security of tenure. It is quite common for landlords to require that security of tenure rights are excluded from a lease. They do this by asking the prospective tenant to sign a notice in front of an independent solicitor agreeing to the exclusion of security of tenure under the lease.
Risks
This notice means that a tenant of commercial premises will not have the automatic right to request a renewal of their lease at the end of the term of the lease, leaving the landlord free to let the property to another tenant at the end of the term. This is because landlords often wish to retain strict control over the occupation of their property. If security of tenure is excluded, you the tenant, must vacate the property at the end of the lease in accordance with its terms unless you have negotiated a new lease with the landlord separately.
Landlord's notice to exclude security of tenure
Section 25 Notice
What is it?
This is a notice by the landlord under s25 of the Landlord and Tenant Act 1954.
Why is it important?
It allows the landlord to start a procedure which will end either in the tenant being granted a new lease or in the tenant vacating. This notice cannot be given before the last year of the lease terms nor after the tenant has served a request for a new tenancy under s26 of the Act.
Risks
The s25 notice must state the date on which the landlord intends to bring the existing lease to an end.
Section 26 Notice
What is it?
This is a notice given by the tenant requesting a new tenancy upon the termination of the old tenancy.
Why is it important?
The s26 request must specify the date on which the existing lease is to end.
Risks
This notice cannot be served before the last year of the agreed lease term nor can it be served after the landlord has served a s25 notice.
Licence for alterations
What is it?
This is a licence from the landlord to the tenant giving the tenant the right to carry out specific works or alterations to the property that is being let. The alterations may be major or minor.
Why is it important?
The Licence should include provisions as to the manner in which the tenant will carry out the works, timescales, reinstatement and (to the extent applicable) the Construction (Design and Management) Regulations 2015. Drawings and specifications showing the proposed works should be attached to the Licence so that it is clear what the landlord is consenting to.
If the proposed alterations are not substantial (e.g. the erection of demountable partitioning or signage) you can use a simple Letter- Licence to Alter.
Section 27 Notice
What is it?