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
Company formation
What is it?
Companies House is the UK’s ‘registrar of companies. A UK company can’t be formed without approval from Companies House therefore all company formation requests need to go through Companies House. You can apply directly or via company formation agents – who may charge slightly more than Companies House and are able to offer everything that Companies House offer, plus extra associated services.
Why is it important?
Company formation documents are the key pieces of documentation (i.e. the certificate of incorporation, memorandum of association and articles of association) that you will need to keep and refer to following your registration of your company with Companies
House. If you have access to a computer, you can form your company online in a matter of hours The prices vary but Companies House charge £12 if the formation is done online. Using the paper method via the actual IN01 form sent via post costs £40 for the standard 5-10 da service or £100 for the same-day service.
To form a company, you need the following information:
- Proposed company name
- The proposed Registered office address
- Shareholder(s) details
- Company director(s) details
- The share capital information and the particulars relating to each class of shares
- Details of the people with significant control details
You also need Articles of association – These set out the rules for the running of the company, including internal management affairs and legal responsibility and a Memorandum of association – This document will contain the names of the subscribers (initial shareholders) or guarantors agreeing to forming the company.
If forming your company online, the Articles of Association and Memorandum will be automatically created for you although you still have the option to create your own ‘Articles of association’ if you wish. If using the paper method, you will still have the opportunity to use prepared ‘Articles of association’ but you will need to include your own ‘Memorandum of association’ when posting your completed IN01.
Directors' service agreement
What is it?
This is a more complex contract of employment between a director/executive and an employer.
Why is it important?
It sets out the employment terms and conditions of employment and the standard areas of the employment.
Risks
As a director is more likely to be exposed to confidential information and have more responsibility this contract will include clauses which help to protect the business’s interests eg garden leave, confidentiality, non-solicitation clauses and restrictive covenants and ensure any intellectual property created by the employee- director belongs to the business..
Articles of Association
What is it?
Every company formed in England and Wales is required to have articles, without which a company cannot legally be formed. This requirement applies whether or not the company is public or private and whether limited by shares or by guarantee.
Why is it important?
The Articles of Association set out the rules for the running of the company, including internal management affairs and legal responsibility agreed by the shareholders or guarantors, directors.
The articles generally cover five essential areas:
- Limited liability of shareholders – a fixed sum limited to the nominal value of their shares.
- Shares and distributions – rights attaching to particular shares, issues and transfers of shares, payments of dividends and another share dealings;
- Shareholder decision making – quorum and voting at general meetings of shareholders and various decision-making options.
- Directors and decision making – number of directors, their powers and responsibilities and procedures for decision making; and
- Administrative arrangements.
Our corporate solicitors can provide you with legal advice on reviewing, drafting, or amending your articles of association and other constitutional documents. We can also provide you with bespoke articles of association.
Board Resolutions
What is it?
EMI Schemes
What is it?
An Enterprise Management Incentive (“EMI”) scheme is an approved employee share scheme designed for smaller companies and accessible to most trading companies.
Why is it important?
It allows employers to attract and retain key staff by rewarding them with share options (equity participation ) in the business in a tax efficient way, as a reward for their efforts within the business and/or to incentivise key staff, It is ideal for smaller entrepreneurial businesses that might not be able to match salaries paid elsewhere.
Board Minutes
What is it?
Share Certificates
What is it?
A Share Certificate (or stock certificate) is a written document which is evidence of a shareholder's ownership of shares in the company. The share certificate is generally issued by companies to shareholders after a transfer or transmission of shares or an allotment has been made.
Why is it important?
The share certificate will include the name of the company issuing the shares, its registration number, the details of the holders of the shares, the certificate number, the class(es) of shares being issued, date of issue, the amount paid on each share etc.
A share certificate can be issued by a private limited, public limited and unlimited liability company but cannot be issued by a company limited by guarantee as the company does not have shares.
Shareholders Agreement
What is it?
We always recommend that you put a shareholders’ agreement in place if your company has more than one shareholder.A shareholder agreement sets out the rights and obligations of each shareholder. The purpose of a shareholder agreement is to cover the most important issues in a business relationship:
- How the shareholders will run the company
- The mechanism for resolution of disputes between the shareholders(i.e. a “Deadlock” clause)
- The process for valuation of the company
- The transmission of shares in the event of the death or departure of a shareholder.
Why is it important?
A Shareholders agreement has several benefits:
- It provides each member with clear details of their responsibilities, financial input, voting arrangements and share transfers thereby making it a strong safeguard against legal disputes and disagreements.
- If carefully thought out and drafted it can protect individual shareholders and give them more protection that they would receive under the Model Articles of Association eg by giving each individual member a veto if the business is considering important changes
- It is an essential agreement to have when a company has more than one shareholder as there is nothing to regulate what happens if the shareholders have a dispute or a shareholder dies.
- It greatly reduces the risk of a shareholders’ dispute occurring and if it does it will be quicker to resolve.
- If a shareholder is not pulling their weight or is damaging the business’s reputation the to her shareholders can vote to remove him or her and buy his or her shares for a fair price. This would be difficult to do without a shareholder’s agreement and if just relying on the standard Articles.
Our Shareholders Agreement solicitors can provide you with a professionally drafted shareholders agreement at reasonable fixed fees. Contact us today!
Managing licenses
Running an online business
Protecting your IP
Business Relationships
Writing a business plan
HR Policies
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
Protecting your IP
Terms and conditions for supply of services to business customers
Terms and conditions for sale of goods to business customers
Terms and conditions for supply of services to consumers/businesses
What is it?
There are different terms and conditions for the supply of services to businesses (B2B contracts) and the supply of services to consumers(B2C contracts). When a business deals with a consumer (ie someone who buys goods or services for personal use, as opposed to buying the goods or services on behalf of a business) the consumer is given more legal protection than a business.
Why is it important?
Any business that is entering into a contract with a consumer must abide by a wide range of consumer law requirements such as the Consumer Rights Act 2015, the Sale of Goods Act and Supply of Goods and Services Act , the Consumer Contracts Regulations , the Misrepresentation Act and the Data Protection Act.
Risks
The T&Cs for supply of services to consumers should be used when
- You are supplying services with or without goods to customers not acting in the course of a business (i.e. consumers).
The T&Cs for supply of services to businesses should be used when
- You are supplying services with or without goods to customers acting in the course of a business (i.e. Businesses).
Consent Notices
Terms and conditions for sale of goods to consumers/businesses
What is it?
There are different terms and conditions for the sale of goods to businesses (B2B) and the sale of goods to consumers(B2C).
Why is it important?
The T&Cs for sale of goods to consumers should be used when
- You are supplying goods with or without services to customers not acting in the course of a business (i.e. consumers)
The T&Cs for sale of goods to businesses should be used when
- You are supplying goods with or without services to customers acting in the course of a business (i.e. businesses)
Terms and conditions for sale of goods to consumers via a website
Terms and conditions for supply of services to consumers via a website
Heads of terms
Letter of intent (LOI)
Invoice
Sales of goods agreements
What is it?
A Sale of Goods Agreement (sometimes called a Sales Agreement or Sales Contract) is a contract entered into between a buyer and a seller of goods for the sale and purchase of specific goods by the buyer. When you sell goods, you create a sale of goods contract.
Why is it important?
The terms in a sale of goods contract may vary depending on whether it is a sale to a consumer (i.e. a B2C contract ) or a sale to a business (i.e. a “commercial” sale or B2B contract.) A consumer is someone who buys goods or services for personal use, as opposed to buying the goods or services on behalf of a business. Consumers who act as the buyer in a contract for a sale of goods are given more legal protection than businesses. The legal protection is given to help the party considered to be the more vulnerable party to the contract ie the consumer as opposed to the business.
The sale of goods agreement will set out the seller and buyer’s obligations, the terms on which the seller is willing to sell and transfer the goods to the buyer, the nature of the goods to be sold, the price, payment terms, shipping and collection details, delivery time and what happens at the end of the contract.
Risks
A Sale of Goods Agreement can be made orally or in writing. However, having a well-written Sale of Goods Agreement can help protect one or both of the parties if there is a problem with the sale eg goods are late in arriving or the goods have been damaged or destroyed.
Purchase order
Services 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
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
Buying & Selling Goods & Services
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 a company
Company formation
What is it?
Companies House is the UK’s ‘registrar of companies. A UK company can’t be formed without approval from Companies House therefore all company formation requests need to go through Companies House. You can apply directly or via company formation agents – who may charge slightly more than Companies House and are able to offer everything that Companies House offer, plus extra associated services.
Why is it important?
Company formation documents are the key pieces of documentation (i.e. the certificate of incorporation, memorandum of association and articles of association) that you will need to keep and refer to following your registration of your company with Companies
House. If you have access to a computer, you can form your company online in a matter of hours The prices vary but Companies House charge £12 if the formation is done online. Using the paper method via the actual IN01 form sent via post costs £40 for the standard 5-10 da service or £100 for the same-day service.
To form a company, you need the following information:
- Proposed company name
- The proposed Registered office address
- Shareholder(s) details
- Company director(s) details
- The share capital information and the particulars relating to each class of shares
- Details of the people with significant control details
You also need Articles of association – These set out the rules for the running of the company, including internal management affairs and legal responsibility and a Memorandum of association – This document will contain the names of the subscribers (initial shareholders) or guarantors agreeing to forming the company.
If forming your company online, the Articles of Association and Memorandum will be automatically created for you although you still have the option to create your own ‘Articles of association’ if you wish. If using the paper method, you will still have the opportunity to use prepared ‘Articles of association’ but you will need to include your own ‘Memorandum of association’ when posting your completed IN01.
Directors' service agreement
What is it?
This is a more complex contract of employment between a director/executive and an employer.
Why is it important?
It sets out the employment terms and conditions of employment and the standard areas of the employment.
Risks
As a director is more likely to be exposed to confidential information and have more responsibility this contract will include clauses which help to protect the business’s interests eg garden leave, confidentiality, non-solicitation clauses and restrictive covenants and ensure any intellectual property created by the employee- director belongs to the business..
Articles of Association
What is it?
Every company formed in England and Wales is required to have articles, without which a company cannot legally be formed. This requirement applies whether or not the company is public or private and whether limited by shares or by guarantee.
Why is it important?
The Articles of Association set out the rules for the running of the company, including internal management affairs and legal responsibility agreed by the shareholders or guarantors, directors.
The articles generally cover five essential areas:
- Limited liability of shareholders – a fixed sum limited to the nominal value of their shares.
- Shares and distributions – rights attaching to particular shares, issues and transfers of shares, payments of dividends and another share dealings;
- Shareholder decision making – quorum and voting at general meetings of shareholders and various decision-making options.
- Directors and decision making – number of directors, their powers and responsibilities and procedures for decision making; and
- Administrative arrangements.
Our corporate solicitors can provide you with legal advice on reviewing, drafting, or amending your articles of association and other constitutional documents. We can also provide you with bespoke articles of association.
Board Resolutions
What is it?
EMI Schemes
What is it?
An Enterprise Management Incentive (“EMI”) scheme is an approved employee share scheme designed for smaller companies and accessible to most trading companies.
Why is it important?
It allows employers to attract and retain key staff by rewarding them with share options (equity participation ) in the business in a tax efficient way, as a reward for their efforts within the business and/or to incentivise key staff, It is ideal for smaller entrepreneurial businesses that might not be able to match salaries paid elsewhere.
Board Minutes
What is it?
Share Certificates
What is it?
A Share Certificate (or stock certificate) is a written document which is evidence of a shareholder's ownership of shares in the company. The share certificate is generally issued by companies to shareholders after a transfer or transmission of shares or an allotment has been made.
Why is it important?
The share certificate will include the name of the company issuing the shares, its registration number, the details of the holders of the shares, the certificate number, the class(es) of shares being issued, date of issue, the amount paid on each share etc.
A share certificate can be issued by a private limited, public limited and unlimited liability company but cannot be issued by a company limited by guarantee as the company does not have shares.
Shareholders Agreement
What is it?
We always recommend that you put a shareholders’ agreement in place if your company has more than one shareholder.A shareholder agreement sets out the rights and obligations of each shareholder. The purpose of a shareholder agreement is to cover the most important issues in a business relationship:
- How the shareholders will run the company
- The mechanism for resolution of disputes between the shareholders(i.e. a “Deadlock” clause)
- The process for valuation of the company
- The transmission of shares in the event of the death or departure of a shareholder.
Why is it important?
A Shareholders agreement has several benefits:
- It provides each member with clear details of their responsibilities, financial input, voting arrangements and share transfers thereby making it a strong safeguard against legal disputes and disagreements.
- If carefully thought out and drafted it can protect individual shareholders and give them more protection that they would receive under the Model Articles of Association eg by giving each individual member a veto if the business is considering important changes
- It is an essential agreement to have when a company has more than one shareholder as there is nothing to regulate what happens if the shareholders have a dispute or a shareholder dies.
- It greatly reduces the risk of a shareholders’ dispute occurring and if it does it will be quicker to resolve.
- If a shareholder is not pulling their weight or is damaging the business’s reputation the to her shareholders can vote to remove him or her and buy his or her shares for a fair price. This would be difficult to do without a shareholder’s agreement and if just relying on the standard Articles.
Our Shareholders Agreement solicitors can provide you with a professionally drafted shareholders agreement at reasonable fixed fees. Contact us today!
Managing licenses
Running an online business
Protecting your IP
Business Relationships
Writing a business plan
Settlement agreements & Ref
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
Terms and conditions for supply of services to business customers
Terms and conditions for sale of goods to business customers
Terms and conditions for supply of services to consumers/businesses
What is it?
There are different terms and conditions for the supply of services to businesses (B2B contracts) and the supply of services to consumers(B2C contracts). When a business deals with a consumer (ie someone who buys goods or services for personal use, as opposed to buying the goods or services on behalf of a business) the consumer is given more legal protection than a business.
Why is it important?
Any business that is entering into a contract with a consumer must abide by a wide range of consumer law requirements such as the Consumer Rights Act 2015, the Sale of Goods Act and Supply of Goods and Services Act , the Consumer Contracts Regulations , the Misrepresentation Act and the Data Protection Act.
Risks
The T&Cs for supply of services to consumers should be used when
- You are supplying services with or without goods to customers not acting in the course of a business (i.e. consumers).
The T&Cs for supply of services to businesses should be used when
- You are supplying services with or without goods to customers acting in the course of a business (i.e. Businesses).
Consent Notices
Terms and conditions for sale of goods to consumers/businesses
What is it?
There are different terms and conditions for the sale of goods to businesses (B2B) and the sale of goods to consumers(B2C).
Why is it important?
The T&Cs for sale of goods to consumers should be used when
- You are supplying goods with or without services to customers not acting in the course of a business (i.e. consumers)
The T&Cs for sale of goods to businesses should be used when
- You are supplying goods with or without services to customers acting in the course of a business (i.e. businesses)
Terms and conditions for sale of goods to consumers via a website
Terms and conditions for supply of services to consumers via a website
Heads of terms
Letter of intent (LOI)
Invoice
Sales of goods agreements
What is it?
A Sale of Goods Agreement (sometimes called a Sales Agreement or Sales Contract) is a contract entered into between a buyer and a seller of goods for the sale and purchase of specific goods by the buyer. When you sell goods, you create a sale of goods contract.
Why is it important?
The terms in a sale of goods contract may vary depending on whether it is a sale to a consumer (i.e. a B2C contract ) or a sale to a business (i.e. a “commercial” sale or B2B contract.) A consumer is someone who buys goods or services for personal use, as opposed to buying the goods or services on behalf of a business. Consumers who act as the buyer in a contract for a sale of goods are given more legal protection than businesses. The legal protection is given to help the party considered to be the more vulnerable party to the contract ie the consumer as opposed to the business.
The sale of goods agreement will set out the seller and buyer’s obligations, the terms on which the seller is willing to sell and transfer the goods to the buyer, the nature of the goods to be sold, the price, payment terms, shipping and collection details, delivery time and what happens at the end of the contract.
Risks
A Sale of Goods Agreement can be made orally or in writing. However, having a well-written Sale of Goods Agreement can help protect one or both of the parties if there is a problem with the sale eg goods are late in arriving or the goods have been damaged or destroyed.
Purchase order
Services agreement
Managing licenses
Running an online business
Protecting your IP
Business Relationships
Writing a business plan
Letting a commercial property
Licence to assign
Licence to sublet
Sale Agreement
Purchase Agreement
Sale and Purchase of Commerial Property
Licence to assign
Licence to sublet
Sale Agreement
Purchase Agreement
Buying & Selling a business
Licence to assign
Licence to sublet
Sale Agreement
Purchase Agreement
Operating as a Sole Trader
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.
Ending or Assigning an Existing Agreement
At risk of redundancy letter
What is it?
Dismissal for redundancy letter
What is it?
Invitation to a redundancy appeal meeting
What is it?
Redundancy consultation letter
What is it?
Health & Safety
Licence to assign
Licence to sublet
Sale Agreement
Purchase Agreement
Planning & Highways
Licence to assign
Licence to sublet
Sale Agreement
Purchase Agreement
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
At risk of redundancy letter
What is it?
Dismissal for redundancy letter
What is it?
Invitation to a redundancy appeal meeting
What is it?
Redundancy consultation letter
What is it?