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March, 2019

Annual update to employment contracts and employee guides

Posted on: March 14th, 2019 by Ginny Hallam

In the last 12 months we’ve reported on five key changes to employment contracts, and we’ve also pepped up our policies to ensure they’re relevant and robust.

Piecemeal changes are seldom a good idea, so we’ve highlighted the changes and tweaks we’ve made to our employment contracts and employee guides below, and recommend you do the same.

Employment contacts

PILON clause – all PILONs (payments in lieu of notice) are now taxable. Including them in the contract gives additional flexibility on exit – there’s no longer a good reason to exclude them.

Data protection consents – the law’s changed and so have our contracts. They now contain consent to process sensitive personal data, handle references, send information outside of Europe and a commitment to abide by the data protection policy.

Holidays – it’s no longer ‘use it or lose it’. Your contracts need to require individuals to use their entitlement throughout the year and ensure there’s a contractual requirement to do so.

Fit for Work service – no longer exists. Any reference to the service needs removing.

Pensions – don’t forget the new contribution levels for auto-enrolment from April this year.

Employee guides

Data protection – the law’s changed so our employee guide reflects reality. It now covers obtaining express written consent to provide references and sharing personal data.

References – another GDPR revision, this policy sets out that consent will be required if references are to be provided (if you use our employment contracts you’ll be on the right track).

Be happy and healthy – updated to reflect recent case law, it requires employees take at least 20 days’ holiday a year and acts as your reminder to tell them if they’re not doing so.

Working outside of employment – the new trend of ‘side hustling’ looks here to stay. This policy protects your business whilst embracing an evolving workforce’s activities outside of work.

Out and about – replaces our ‘actions when off site or outside work policy’. Additions strengthen protection against findings of vicarious liability where you could find yourself liable for employees’ acts.

Click here if you’d like our support in making any of the suggested changes above.