Employee Definition

GLOSSARY

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What does Employee mean?

Persons satisfying case law tests for employee status qualify for the broadest scope of employment protections. Statutory definitions of employee vary. The Employment Rights Act 1996 defines employee as an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.

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Issues to consider when drafting a settlement agreement—checklist (employer)

Issues to consider when drafting a settlement agreement—checklist (employer) The employer (and its advisers) should consider the following issues: Preparatory steps • Obtain from the employer: ◦ a copy of the departing employee's latest contract of employment/other relevant documents containing contractual terms (NB these may be in a staff handbook) ◦ details of the contractual benefits enjoyed by the employee ◦ relevant information regarding the employee's pension benefits ◦ relevant information regarding any shares/share options, etc held by the employee? Consider the Articles of Association/any relevant shareholder agreement, share scheme documentation, etc. See also Shares and share options below Status of negotiations • Will negotiations take place between the parties directly, or between their respective legal advisers? • How strong is the employer's negotiating position? How strong are the employee's claims or potential claims? In the case of dismissal, is there a fair reason and has the employer carried out a fair procedure? Is the employer in repudiatory breach? What is the employer prepared to offer initially, and is that...

Issues with franchising in an overseas territory—checklist

Issues with franchising in an overseas territory—checklist This Checklist sets out the issues for a franchisor to consider when preparing to operate the franchise in an overseas territory. The advance of technology has helped facilitate the rise of a global economy. This has led to the creation of opportunities for companies to trade outside of their domestic markets and exploit developing territories. However, a number of issues arise when a franchisor is preparing to operate in an overseas territory some of which are detailed below. PESTLE analysis A franchisor may wish to carry out a political, economic, environmental, sociological, technological, legal and environmental factors (PESTLE) analysis in relation to a new territory. The information obtained from the analysis can be used as a guide to strategic decision making when considering international franchising. Below is a list of legal and non-legal issues that might arise with international franchising. Political • There may be increased political or legislative risks that should be taken into consideration by businesses before they commence operations in...

Measuring the in-house legal team

Measuring the in-house legal team This Practice Note discusses how in-house legal teams can use metrics such as staffing, spend, income and client satisfaction to demonstrate their value. Metrics are a useful tool to increasing self-awareness, implementing strategic improvements, focusing on reducing costs, increasing the influence of your legal function and developing and motivating your team. Why measure? Self-diagnosis Identifying trends and the current state of play, for example, workload, spend and staffing. Implementing strategic improvements Gathering the information you need to build business-wide support for your management strategies, for example:—maintaining headcount—pushing work to the business—outsourcing or insourcing—de-skilling or skilling-up—technology or further investment Focus on reducing costs A true focus on savings means keeping on top of data on costs or income, for example:—monitoring volume of external spend, discounts and rebates under alternative fee arrangements—building a platform from which to work closely with finance and procurement functions to achieve further savings Increasing the influence of your legal function Helping your legal team to become a key influencer...

Money Laundering Regulations 2017—CDD quick reference guide—individuals

Money Laundering Regulations 2017—CDD quick reference guide—individuals Client due diligence (CDD) is a central pillar of the anti-money laundering (AML) and counter-terrorist financing (CTF) regime. CDD requirements underpin the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended. Counter-proliferation financing is the most recent addition to the long-established AML and CTF regime. Requirements in relation to counter-proliferation financing were introduced through amendments to the MLR 2017 and include in relation to systems and controls, risk assessment, etc. No specific counter-proliferation financing requirements were added in relation to CDD, and existing CDD provisions in the MLR 2017 were not amended to include mention of proliferation financing. As things stand, therefore, counter-proliferation financing is not covered in this Practice Note. For more information, see Practice Note: Counter-proliferation financing—CPF—the basics. Where the MLR 2017 apply (see Practice Notes: Money Laundering Regulations 2017—scope and application—law firms), conducting CDD is an absolute requirement. It is not in itself subject to the risk-based approach....

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Settlement agreement additional clauses—resignation from directorship/office

Insert in operative provisions: 1 Resignation from directorship/office 1.1 If you have not already done so, you will on the date of this Agreement immediately resign from all offices held by you in, or on behalf of, the Employer[ and/or any Group Company] by delivering to the Employer a letter of resignation in the form set out in Schedule [enter number, eg 2]. 1.2 You will immediately on request do all and any acts and things as the Employer may require to effect and/or register your resignation under clause 1.1 above and from all other offices, trusteeships or appointments which you hold in connection with or by reason of your employment by the...

No partnership or agency clause

1 No partnership or agency—short form Nothing in this agreement constitutes, or will be deemed to constitute, a partnership between the parties n

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Where a settlement agreement provides for the employer to make a contribution to the employee’s legal costs, payable direct to the employee’s law firm, can the law firm bring proceedings against the employer if it fails to pay?

Where a settlement agreement provides for the employer to make a contribution to the employee’s legal costs, payable direct to the employee’s law firm, can the law firm bring proceedings against the employer if it fails to pay? For information on: • the legal requirements that must be met for a settlement agreement to be binding and valid to settle statutory employment claims, see Practice Note: Settlement agreements in employment—legal requirements • the practical issues that typically arise in relation to a settlement agreement, see Practice Note: Settlement agreements in employment—practical and tax issues Contribution to legal costs A settlement agreement will typically provide for the employer to make a contribution to the employee’s legal costs. For general information on payment of legal fees incurred by an employee in relation to a settlement agreement generally, see the section of Practice Note: Settlement agreements in employment—practical and tax issues entitled ‘Payment for legal advice’. For a sample clause in the settlement agreement dealing with payment of legal fees, see Clause 13.2...

When it comes to calculating the total pay of an agricultural worker in Scotland for minimum wage purposes, how does the accommodation offset rate as set out in the Agricultural Wages (Scotland) Order (No 69) 2022, affect the calculation if the worker in question is provided with free accommodation in the form of a house?

When it comes to calculating the total pay of an agricultural worker in Scotland for minimum wage purposes, how does the accommodation offset rate as set out in the Agricultural Wages (Scotland) Order (No 69) 2022, affect the calculation if the worker in question is provided with free accommodation in the form of a house? For information on the National Minimum Wage (NMW), including conditions for eligibility and how the minimum hourly rate is calculated, see generally, Practice Note: National minimum wage. Most ‘workers’ who work in the UK are entitled to be paid the minimum wage. A person qualifies for the national minimum wage if they: • are a worker • who works, or ordinarily works, in the UK under their contract, and • have ceased to be of compulsory school age When it comes to determining whether or not a worker is being paid the minimum wage, the calculation essentially involves working out an hourly rate of pay by dividing payments received by hours worked in a pay...

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TPR publishes annual report and accounts for 2023/24

The Pensions Regulator's (TPR) has published its annual report and accounts for 2023/24. Key enforcement and automatic enrolment (AE) findings include a rise in AE fines issued for non-compliance, from 50,210 fines in 2022/23 to 53,265 in 2023/34; 70% of scheme memberships covered by relationship supervision; a quarter of schemes targeted for intervention; and 11 million eligible jobholders automatically enrolled in pension schemes, up from 10.9 million in 2022/23. The report also highlights that TPR achieved 15 of its 20 KPI targets for 2023/24, with three amber and two red results. The two red results relate to its plans to implement the new elements of the Pension Schemes Act 2021 and track benefits realisation, as well as its plans to achieve high employee engagement.

Immigration weekly highlights—12 December 2024

Welcome to the 12 December 2024 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.

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GLOSSARY