Employment Agreement for United Kingdom
Generate a employment agreement that complies with United Kingdom law, with 8 mandatory clauses and 6 compliance checks built in.
What's required
Written Statement of Employment Particulars
Employment Rights Act 1996, s.1-7B
Statutory Annual Leave Entitlement
Working Time Regulations 1998, regs.13, 13A, 15
Statutory Minimum Notice Periods
Employment Rights Act 1996, s.86
Pension Auto-Enrolment
Pensions Act 2008, ss.2-9
Equality and Non-Discrimination
Equality Act 2010, ss.4, 13-27, 39, 64-80
UK GDPR / Data Protection Act 2018 Compliance
Data Protection Act 2018; UK GDPR (retained EU law)
Contracts (Rights of Third Parties) Act 1999 Exclusion
Contracts (Rights of Third Parties) Act 1999
Governing Law and Jurisdiction
What's prohibited
Exclusion of liability for death or personal injury caused by negligence
Section 2(1) of the Unfair Contract Terms Act 1977 renders void any contract term that purports to exclude or restrict liability for death or personal injury resulting from negligence.
Waiver of statutory employment rights
Section 203 of the Employment Rights Act 1996 provides that any provision in an agreement is void insofar as it purports to exclude or limit the operation of the Act, or to preclude a person from bringing proceedings under the Act. Statutory rights may only be settled via an ACAS COT3 conciliated settlement or a valid settlement agreement meeting the conditions in s.203(3).
Remuneration below the National Minimum Wage or National Living Wage
The National Minimum Wage Act 1998 makes it a criminal offence for employers to pay workers below the statutory minimum wage rate. Any contractual term setting pay below the NMW/NLW is unenforceable and the employer is liable to HMRC penalties.
Waiver or opt-out of statutory annual leave entitlement
The right to 5.6 weeks of paid annual leave under the Working Time Regulations 1998 cannot be waived or bought out during employment (Regulation 13(9)). Unlike the 48-hour working week, there is no individual opt-out for annual leave.
Employment Agreement in other jurisdictions
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