Corrie19996 months ago

Oh, and there is also the old chestnut about having to have a contract of employment with your company in order to claim working tax credits. There is no legal requirement for a director to have a contract of employment, and although there are differing opinions on this subject, I always recommend clients who want to claim tax credits to have a contract of employment if they need to work a certain number of hours to be eligible. That way there can be no arguments with HMRC. And if you have a contract of employment which sets out a number of hours that you will work in your company, then your company must pay you at least the minimum wage through your salary. More info about salary and dividend issues here: http://www.brown-royd.co.uk/resources-accounts/accountancy-issues-for-limited-companies  

Gary19965 months ago

It must be remembered that a contract of employment is like any other contract, and generally cannot be varied unilaterally. Also, each employment contract is a unique agreement between the employer and the individual employee.

Corrie19994 months ago

I'm wondering what if anything they can do legally if there is nothing signed? There isn't anything on my contract of employment about education or course fees. They will also owe me some pay for my last months work, although I'm wondering if they can legally stop the pay to cover some of the fees?  

Corrie19994 months ago

Hi Ash For this situation I use an Associate, I.e. Issue an associate agreement rather than a contract of employment and pay them via invoice. If it was a short/one off piece of work that should be fine (if it was ongoing you'd struggle to argue that they weren't an employee). Helen.  

Fireboy4 months ago

Oaktree said: ↑ Hold on isn't that illegal to pay lower than the minimum wage... oh yeah not for business owners, we don't count!Click to expand... I think you mean office holders, not owners. If a director works under a contract of employment, they must be paid the NMW. Most directors don't work under a COE because of the tax benefits of taking salary / dividends. A director, even if they don't work under a COE can pay themselves a salary above the NMW. I'm not sure the point you are trying to make.  

Fireboy4 months ago

I work for a technology startup which has remote contractors in several different countries, one per country (programmers, designers, etc.). We find talent in different places and some contractors are full time with an SLA contract. We'd like to make these contractors employees however, with holiday and sick pay etc., especially our contractors in Europe. To be clear: the contractors are permanent residents and citizens of the countries in which they're based and have no intention of moving to the UK. My company is a UK Limited company. Two questions: Does HMRC care if UK companies have overseas contractors which function as employees (work full time etc.)? Is HMRC likely to consider those contractors as employees for legal purposes, as they would British contractors? Is it possible for a UK company to legally employ a foreign citizen residing in a foreign country, without having any legal entity (or payroll) in that country? If my company signs a contract of employment (under UK jurisdiction) with someone whos living in, say, Poland, would it be valid and provide the Pole with enforceable rights? Thanks!  

Corrie19994 months ago

Introductory offer for a limited time only! Buy our Employment Contract template and get the standard Employee Handbook template for free!! Employees are legally entitled to a written statement of terms, more often referred to as a contract of employment, within two months of starting work. A contract of employment forms the basis of the employment agreement, between employer and employee. The employee handbook (also known as a staff handbook) is equally as important as it contains the policies and employment procedures which you expect your employees to follow during their employment with your organisation. Both documents lay out the expectations of the employment relationship. Our Employment Contract & Handbook templates are available to purchase, are legally compliant with UK Law and are individually tailored for your business. Alternatively we offer a free review of your existing employee handbook and employee contract. Email us on [email protected]/* */ if you would like more information. You can also visit our website for more information about our services: www.workplace-hr.com  

Matchmaker14 months ago

It also makes good sense to have a probationary period for all new starters that allows you to assess their performance. Details of any probationary periods should be included in your contract of employment. This employee induction and probation bundle is available in downloadable Microsoft Word format and contains the following templates:

Corrie19994 months ago

Did you know? We also offer an annual HR health check to members, which includes a review of your contract of employment to ensure it reflects recent legal changes.

Watergirl4 months ago

Hey All, Just joined the business forum and look forward to the support it will provide. I have recently made the jump from employed to being a partner alongside an existing business, with the view of building my clients alongside theirs. Scary but exciting times ahead! Unfortunately my previous contract of employment prevented me from continuing my relationship with other professionals connected to the company. Whilst I'm sure there is some way round this I do not want to tempt fate and get myself into a legal battle. I am therefore looking to make new relationships and connections with various other professionals. Can anyone recommend any good group/networking sessions or ways to meet like minded people in the East Sussex region? I don't have any great potential to pass leads as I am back at the start with no clients or connections. This is why I have steered away from BNI. I am not looking to make connections for referrals but more to meet like-minded people, share ideas and help push each other's potential. I am a Financial Adviser and work predominately with business owners on a corporate and personal level. Anyone who feels their demographic may blend in with mine, I would be happy to meet up and share ideas? Thanks all Ben  

Fionas_Boy4 months ago

Employees are legally entitled to a written statement of terms, more often referred to as a contract of employment, within two months of starting work. A contract of employment forms the basis of the employment agreement, between employer and employee. The employee handbook (also known as a staff handbook) is equally as important as it contains the policies and employment procedures which you expect your employees to follow during their employment with your organisation. Both documents lay out the expectations of the employment relationship. Our Employment Contract & Handbook templates are available to purchase, are legally compliant with UK Law and are individually tailored for your business. Alternatively we offer a review of your existing employee handbook and employee contract. Visit our website for other services that we offer. Introductory offer for a limited time only! Buy our Employment Contract template and get the standard Handbook template for free!!  

MDG Ltd4 months ago

Your post is a bit confusing. As suggested above, it would be helpful if you could clarify why it is necessary for your General Manager to be able to drive something "bigger than a car". If this was an integral part of his job description and he has lied about his qualification it may fundamentally frustrate his contract of employment (it may also highlight to you the benefit of requesting copies of documents which confirm job qualifications during recruitment). If this is not a fundamental part of the job description then the situation is more difficult.  

Matchmaker14 months ago

Where a business is bought or sold, both the old and new employers have to make suitable provision for the existing workforce. These employees have legal rights under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (known as TUPE) which are preserved if a business changes hands, so they cannot simply have their contract of employment terminated.

MDG Ltd4 months ago

Hi, Am trying to understand my legal position with regards to my notice period. I suspect I will have to engage with an employment lawyer but thought I would first see if anybody here is able to offer advise. Recently the company I have worked 15+ years for was closed by our parent company. The vast majority of the staff were made redundant but a small number were TUPEed over or were offered alternative jobs within the parent company. During my consultation meetings I indicated that I wanted to take my redundancy but the parent company was keen to hold onto me and they offered me an alternative job. I voiced concern that I felt that I would end up just providing tech support to our old customers and that I would not be able to focus on what I am employed to do (write software). They acknowledged my concerns and said they would monitor my role at regular intervals. When I received a job offer letter it stated that I would be put on a 6 month trial period and that if during this trial period I decide that the role is not suitable then I could leave on an exit date determined by the needs of the business. At the time I had not signed, or even seen, my contract of employment and therefore I responded saying that I would not accept until I had seen my contract of employment. When I did receive my contract there was a clause stating that I would be put on a 6 month probation period during which time either party can terminate the employment by giving 1 weeks' notice in writing. I signed and returned this contract. I am currently 2 months into my new role and I want to leave ASAP therefore my question is which clause is legal binding - exit date determined by needs of the business or 1 weeks notice? Thanks in advance. Kind regards mod1970  

Matchmaker13 months ago
This topic has been discussed elsewhere
- see here