| Age discrimination compliant documentation The Equality Act 2010 prohibits discrimination because of and harassment related to age. Employers need to ensure that contracts and policies are compliant with the law. This checklist sets out the issues for consideration when reviewing documentation and other material for compliance. |
| Agenda for a disciplinary hearing A checklist setting out the basic procedure for a disciplinary hearing. It takes account of best practice to ensure compliance with the law relating to unfair dismissal and the Acas Code of Practice. The checklist could also be used for formal hearings that could lead to warnings for capability or attendance. The checklist is written in plain language and could be sent to a business person. |
| An employee's rights in a redundancy situation A checklist of the rights that an employee has in a redundancy situation. These may be statutory or contractual, individual or collective. Some rights will require a qualifying period, others will not. |
| Anatomy of an Employment Tribunal claim A flowchart showing the stages of an Employment Tribunal claim. |
| Automatically unfair dismissals A table showing dismissals which are deemed to be automatically unfair. |
| Avoiding Discriminatory Questions in Interviews Checklist A Checklist of questions that should not be asked in employment interviews, as well as a list of questions that may be asked about a candidate's potential or apparent disability. This Checklist is based on federal law, including Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA), as amended by the Americans with Disabilities Act Amendments Act (ADAAA). For information on state law requirements, see the State Q&A Tools under Related Content to the right. |
| Best Practices for Employee Discipline Checklist A Checklist of best practices for employee discipline, including for poor performance, inappropriate conduct, policy violation and unlawful activity, as well as for creating related policies and procedures. |
| Case management discussion agenda (employment tribunals) A typical agenda used by an employment judge at a case management discussion (CMD) in the employment tribunal. For further information on CMDs, see Practice note, A practical guide to case management discussions in the employment tribunal. |
| Checklist: Corporate use of social media (UK) A checklist of best practices for a company to consider when using social media as part of its business strategy, based on UK law. |
| Checklist: Employee use of social media (UK) A checklist of best practice for a company to consider regarding employee use of social media, based on UK law. |
| Checklist: Outsourcing A checklist of the main issues for suppliers and customers to consider when negotiating outsourcing agreements. |
| Checklist: Preparing witnesses for trial A checklist of points to consider when preparing witnesses for trial. |
| Checklist: Transactions with directors prior to 1 October 2007 A checklist of the issues to consider when a company wishes to enter into a transaction with one of its directors. |
| Checklist: statutory liability for false or misleading statements and omissions in company reports and published information relating to securities A checklist comparing the statutory liability for false or misleading statements and omissions under section 463 of the Companies Act 2006 and section 90A of the Financial Services and Markets Act 2000 (as amended by the Financial Services and Markets Act 2000 (Liability of Issuers) Regulations 2010 (SI 2010/1192)). |
| Claims in which Acas can conciliate This checklist provides a summary of those claims in which an Acas conciliation officer is empowered to conciliate, as set out in section 18 of the Employment Tribunals Act 1996. |
| Claims that may be settled by a compromise agreement A checklist of the statutory claims that may be settled by a compromise agreement. |
| Collective redundancy consultation: key issues A checklist of the key steps involved in collective redundancy consultation under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. For a checklist covering the whole redundancy process, see Redundancy procedure checklist. |
| Commonly-practised religions and beliefs in Britain A checklist providing guidance on some of the most commonly-practised religions and beliefs in Britain, based on the Acas guide: Religion or belief and the workplace. |
| Company Use of Social Media: Best Practices Checklist A Checklist of best practices for a company to consider when using social media in its business strategy. |
| Compensation in employment claims: practical tips A checklist of practical tips for claimants and respondents to help maximise or minimise (as appropriate) the level of compensation in employment tribunal claims, and practical considerations when negotiating financial settlements. |
| Conducting Effective Interviews Checklist A Checklist with best practices for effective employment interviews, including steps to minimize legal risk before, during and after interviews. This Checklist provides best practices under federal law primarily. For information on state law requirements, see the State Q&A Tools under Related Content to the right. |
| Conducting an Internal Investigation Checklist A Checklist of issues for companies to consider when conducting an internal investigation. |
| Consulting with employees on pension changes: checklist A checklist of steps to consider when an employer proposes to make changes to its pension scheme. |
| Court and tribunal sittings A note of when the Supreme Court, Court of Appeal (Civil Division), Employment Appeal Tribunals and Employment Tribunals hear cases. |
| Current rates and limits for employment lawyers A table of the current rates and limits on certain statutory payments and tribunal awards. |
| Dealing with Suspected Violation of Non-compete or Non-solicitation Agreement Checklist A Checklist outlining steps an employer should take when it suspects that a current or former employee may be violating a non-compete or non-solicitation agreement. Non-competes may also be referred to as covenants not to compete or non-competition agreements. This resource is jurisdiction-neutral. For information on state law requirements, see the State Q&A Tool under Related Content to the right. |
| Dealing with TUPE transfers in the tendering process: checklist A checklist for local authorities to use when dealing with TUPE transfers during a procurement process. |
| Departing Employee Checklist A Checklist of legal issues to consider when an employment relationship ends through an employee resignation or involuntary termination. This Checklist addresses exit interviews, severance considerations and protection of confidential and trade secret information. It applies to a private, non-unionized workforce and addresses federal law. For more information about state law requirements, see the State Q&A Tools under Related Content to the right. |
| Diagram: Order of Distribution in Bankruptcy A diagram showing the order in which claims are paid in bankruptcy under the absolute priority rule. |
| Did the dispute resolution procedures apply? Before 6 April 2009, Schedules 3 and 4 to the Employment Act 2002 specified the types of claim in which a tribunal had to consider whether the parties had followed one of the statutory dispute resolution procedures (either a grievance procedure or a dismissal and disciplinary procedure). A surprising number of claims were not covered. This table gives a comprehensive list of possible tribunal claims and indicates whether they were covered by the procedures. The statutory dispute resolution procedures were repealed by the Employment Act 2008 from 6 April 2009, subject to a number of transitional provisions. They were replaced by a new regime based on a new Acas Code of Practice on Disciplinary and Grievance Procedures. |
| Disability Definition under the ADAAA Final Regulations Chart This resource examines the expanded definition of disability under the recently published final regulations to implement the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). It highlights the new interpretation of terms such as substantially limits and major life activities, among other concepts under the Americans with Disabilities Act of 1990 (ADA). For information on state law requirements, see the State Q&A Tools under Related Content to the right. |
| Disability Leave: Best Practices Checklist A Checklist of issues under federal law that private employers should consider when reviewing and responding to an employee's request for disability-related leave. This Checklist addresses the Family and Medical Leave of 1993 (FMLA), the Americans with Disabilities Act of 1990 (ADA) and Title VII of the Civil Rights Act of 1964 (Title VII). For information on state law requirements, see the State Q&A Tools under Related Content to the right. |
| Disclosure: key points to bear in mind A checklist of some key points to bear in mind when dealing with the disclosure process in civil proceedings. |
| Dismissal, discipline and grievances before and after 6 April 2009 The law on handling dismissals, disciplinary action and grievances at work changed on 6 April 2009. This checklist gives a summary of the key changes that occured at that time. |
| Dos and don'ts for directors of a company on the brink of insolvency A list of do's and don'ts for directors of a company on the brink of insolvency to avoid the risk of liability for wrongful trading under section 214 of the Insolvency Act 1986. |
| Drafting a claim or response: failure to inform and consult over collective redundancies A checklist of issues to consider when drafting a claim or response for failure to inform and consult over collective redundancies. This supplements Standard documents, ET1 for failure to inform and consult over collective redundancies and ET3 for failure to inform and consult over collective redundancies. |
| Drafting a claim or response: sex or sexual harassment and constructive dismissal A checklist of issues to consider when drafting a claim or response to a claim for sex harassment or sexual harassment and constructive dismissal. This supplements Standard documents, ET1 for sex harassment or sexual harassment and constructive dismissal and ET3 for sex harassment or sexual harassment and constructive dismissal. |
| Drafting a claim or response: statutory redundancy pay A checklist of issues to be considered by those drafting a claim or response for a statutory redundancy payment. This supplements Standard documents, ET1 for statutory redundancy payment and ET3 for statutory redundancy payment. |
| Drafting a claim or response: unfair dismissal (misconduct) A checklist of issues to consider when drafting a claim or response for a misconduct unfair dismissal. This supplements Standard documents, ET1 for unfair dismissal (misconduct) and ET3 for unfair dismissal (misconduct). |
| Drafting a claim or response: unfair dismissal (redundancy) A checklist of issues to consider when drafting a claim or response to a claim for redundancy unfair dismissal. This supplements Standard documents, ET1 for unfair dismissal: redundancy and ET3 for unfair dismissal: redundancy. |
| Drafting a claim or response: unfair dismissal: capability (ill health) A checklist of issues to consider when drafting a claim or response for unfair dismissal for capability (ill health). This supplements Standard documents, ET1 for unfair dismissal: capability (ill health) and ET3 for unfair dismissal: capability (ill health). |
| Drafting a claim or response: unfair dismissal: capability (poor performance) A checklist of issues to consider when drafting a claim or response for unfair dismissal for capability (poor performance) reasons. This supplements Standard documents, ET1 for unfair dismissal: capability (poor performance) and ET3 for unfair dismissal: capability (poor performance). |
| Drafting a claim or response: unlawful deductions from wages A checklist of issues to consider when drafting a claim or response to a claim for unlawful deductions from wages. This supplements Standard documents, ET1 for unlawful deduction from wages and ET3 for unlawful deduction from wages. |
| Drafting a claim or response: whistleblowing and unfair dismissal A checklist of issues to consider when drafting a claim or response for whistleblowing and unfair dismissal. This supplements Standard documents, ET1 for whistleblowing and unfair dismissal and ET3 for whistleblowing and unfair dismissal. |
| Drawing up an information and consultation agreement A checklist of issues to consider when drawing up and negotiating a pre-existing or negotiated agreement under the Information and Consultation of Employees Regulations 2004, including key legal, negotiating and best practice issues. |
| Due Diligence Checklist: Labor and Employment A due diligence checklist for labor and employment specialists representing the buyer to use when conducting labor and employment due diligence in connection with an M&A transaction. |
| ERISA Considerations For Severance Pay Policies Checklist This Checklist outlines the advantages and disadvantages of maintaining a formal severance pay policy and of the policy complying with the Employee Retirement Income Security Act of 1974 (ERISA). |
| Employee Drug and Alcohol Testing under the Americans with Disabilities Act Checklist A Checklist of issues to consider under the Americans with Disabilities Act when testing applicants or employees for drug and alcohol use and disciplining employees for that use. This Checklist addresses federal law. For information on state law requirements, see the State Q&A Tool under Related Content to the right. |
| Employees and Social Media: Company Best Practices Checklist A best practices checklist for employers to consider regarding employee use of social media including use of a social media policy, lawful limitations on disparaging comments, prohibitions on misuse, elimination of harassment and requirements for training. This Checklist addresses federal law and general best practices. |
| Employment Act 2008 transitional provisions: dismissal and disciplinary procedures A brief summary of the law including a flow chart to determine whether the Employment Act 2002 or the Employment Act 2008 applies to a claim about dismissal or a disciplinary procedure on or after 6 April 2009. |
| Employment Act 2008 transitional provisions: grievance procedures A breif summary of the law, including a flow chart to determine whether the Employment Act 2002 or the Employment Act 2008 applies to a claim based on an employee's grievance on or after 6 April 2009. |
| Employment Act 2008: tracker A summary of the provisions of the Employment Act 2009, with links to PLC updates covering related parliamentary debates and further commentary. |
| Employment debts guaranteed by the National Insurance Fund A checklist setting out the debts owed to employees by an insolvent employer that are payable out of the National Insurance Fund if the relevant conditions are met. |
| Employment forms, rules and questionnaires Details the various forms, rules and questionnaires that may be used in employment tribunal or EAT proceedings, or at other stages of the employment relationship. |
| Employment issues on a share purchase A checklist of the employment issues that both the buyer and seller should consider when carrying out a purchase of a company. |
| Employment issues on an asset purchase A checklist of the employment issues that the buyer and seller should consider when carrying out a purchase of a business which may be subject to the Transfer of Undertakings (Protection of Employment) Regulations 2006, including key due diligence issues and post-completion matters. |
| Employment tribunal awards and claims: latest statistics A summary of the average awards made by employment tribunals and the type and number of claims made to the Employment Tribunals Service (ETS). |
| Equality Act 2010: destination table (employment) Tables showing destinations for the key employment provisions of the Equal Pay Act 1970, Sex Discrimination Act 1975, Race Relations Act 1976, Disability Discrimination Act 1995, Employment Equality (Sexual Orientation) Regulations 2003, Employment Equality (Religion or Belief) Regulations 2003, and Employment Equality (Age) Regulations 2006, which were replaced on 1 October 2010 (with minor exceptions) by the Equality Act 2010. |
| Equality Act 2010: key changes to employment law This checklist sets out the key changes made to workplace discrimination law by the Equality Act 2010, most of which took effect on 1 October 2010. |
| Equality Act 2010: tracker A resource tracking the progress of the Equality Act 2010, with links to relevant parliamentary stages, consultations, PLC updates and commentary. |
| FLSA White Collar Exemptions Checklist A Checklist of factors for properly classifying a job as an exempt administrative, executive or professional position under the federal Fair Labor Standards Act of 1938 (FLSA). This Checklist discusses minimum salary requirements, types of exempt duties and other factors under these three FLSA white collar exemptions tests. For information on state law requirements regarding exempt job classifications, see the Wage and Hour Laws State Q&A Tool under Related Content to the right. |
| FMLA Employee Notice and Employer Response Checklist A Checklist of issues on employee notice requirements when requesting and taking leave under the Family and Medical Leave Act (FMLA) and required employer responses. This Checklist addresses notice requirements, certifications and designation of leave as FMLA leave. For information about state law requirements, see the State Q&A Tools under Related Content to the right. |
| FMLA Employer Coverage and Employee Eligibility Checklist A checklist discussing the issues relating to employer coverage under the Family and Medical Leave Act (FMLA), and employee eligibility for FMLA job-protected leave for certain qualifying reasons. For information on state leave law requirements, see the State Q&A Tools under Related Content to the right. |
| Federal Employment Anti-discrimination Laws Checklist A Checklist of the principal federal laws prohibiting employment discrimination and the protected classes they cover. For information on state law, see the State Q&A Tools under Related Content to the right. |
| Federal Notice Posting Requirements Checklist A Checklist identifying useful resources to assist employers in complying with federal notice posting requirements. The Checklist directs employers to resources for posters from federal agencies including the Department of Labor (DOL), and Equal Employment Opportunity Commission (EEOC) and National Labor Relations Board (NLRB). |
| Flowchart: applying for statutory recognition An overview of the steps to be followed when an independent trade union applies to be recognised as entitled to conduct collective bargaining on behalf of the workers in a bargaining unit. For a printable version, click "Download PDF" in the Actions box on the right. |
| Flowchart: protected disclosures A flowchart to help decide whether a whistleblower is protected under the Employment Rights Act 1996 (as amended by the Public Interest Disclosure Act 1998 (PIDA)). |
| Flowchart: the specified method of collective bargaining: basic structure A flowchart illustrating the structure of the bargaining arrangements and the six-step method of collective bargaining set out in the Trade Union Recognition (Method of Collective Bargaining) Order 2000 (SI 2000/1300). |
| Form I-9 Audit Best Practices Checklist This Checklist outlines Form I-9 audit preparation and response best practices for employers when faced with a possible or actual Notice of Inspection from US Immigration and Customs and Enforcement (ICE) to verify compliance with the Immigration Reform and Control Act of 1986 (IRCA). In particular, this Checklist outlines the steps employers should take to prepare for the audit and the questions they should consider for the audit resolution. |
| Governing employment legislation in UK jurisdictions This checklist gives details of the main legislation governing employment law in England, Wales, Scotland and Northern Ireland. |
| Handling a Government Investigation of a Senior Executive Checklist A Checklist outlining the steps in-house lawyers should take when a senior executive becomes the target of a government investigation. |
| Holiday Party Liability Prevention Checklist A Checklist to help employers minimize the legal risks presented by employer-sponsored holiday parties. This checklist addresses sexual harassment prevention, avoiding harms created by alcohol consumption, workers' compensation liability, and wage and hour claims. This resource is jurisdiction-neutral. For information on state law requirements, see the State Q&A Tools under Related Content to the right. |
| Immigration Document Retention Chart A Chart of immigration document retention requirements for the Form I-9 Employment Eligibility Verification process, the Labor Condition Application (LCA) process and the PERM labor certification process. |
| Industrial action: unfair dismissal A flow diagram identifying an employer's liability for unfair dismissal in connection with industrial action. Any cross references in this diagram refer to the Practice note, Industrial action and the employment relationship. |
| Industrial action: union immunity A flowchart to establish whether a strike or other industrial action has been lawfully organised so as to give the trade union immunity from tort liability. Any cross references in this diagram refer to the Practice note, Industrial action: is it lawful? |
| Information needed prior to dismissing an employee or drafting a compromise agreement A checklist of information that an employer's legal adviser will usually need before advising an employer on the potential dismissal of an employee or the terms of a compromise agreement, together with matters relating to severance that will need to be discussed with the client. The checklist is intended for fairly general application and further information will often be needed, depending on the specific circumstances and the reason for dismissal. |
| Information needed to draft a consultancy agreement A checklist of points to address before drafting a consultancy agreement where services are provided by an individual (for example, via the Standard document, Consultancy agreement). |
| Information needed to draft a consultancy agreement via a personal service company A checklist of points to address when drafting a consultancy agreement where an individual's services are provided through a personal service (or loan-out) company which is controlled by the individual (for example, Standard document, Consultancy agreement via a service company). |
| Information needed to draft a secondment agreement A checklist of information that will be needed, and the issues that should be considered, before drafting any contractual documentation relating to a secondment arrangement. |
| Information needed to draft an employment contract A checklist of points to address when drafting an employment contract. |
| Information needed to draft enforceable restrictive covenants A checklist of the information that may be needed before drafting restrictive covenants in order to maximise the likelihood that they will be enforceable. |
| Information needed to draft letters of appointment for a non-executive director or a non-executive chairman Checklist of information needed before drafting a letter of appointment for a non-executive director or a non-executive chairman. |
| Information needed to establish employment status A checklist of factors that indicate employment status and factors that indicate self-employed status. |
| Information required for employer to respond to trade union's application for statutory recognition Once a trade union has made an application to the Central Arbitration Committee (CAC) for statutory recognition under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992, the CAC must decide whether the application is admissible. To assist it make this decision the CAC will ask the employer to complete a response form and return it to the CAC within five days of receipt. This checklist identifies the information the employer will need to complete the CAC's response form. |
| Information required in a union's application for statutory recognition When a trade union makes an application to the Central Arbitration Committee (CAC) for statutory recognition under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992 it must use the form provided by the CAC. This checklist identifies the information the union (or, in a joint application, the unions) will need to complete the CAC's form. The CAC form can be accessed here. |
| Internal Investigations Flowchart A flowchart outlining different stages of an internal investigation, including common issues to consider and practical tips. |
| Issues to consider when changing terms of employment A checklist of issues to be considered by an employer when proposing to change an employee's terms of employment. |
| Issues to consider when meeting with an employee due to return from maternity leave A checklist for use when meeting an employee who is due to return from maternity leave. |
| Issues to consider when meeting with employee due to go on maternity leave A checklist for use when meeting with an employee due to go on maternity leave. |
| Key Immigrant Visa Classifications Chart A Chart describing key employment-based immigrant visa classifications. Information profiled includes eligibility criteria and procedures to obtain lawful immigrant status. |
| Key Nonimmigrant Visa Classifications Chart A chart describing key nonimmigrant visa classifications used by business visitors, temporary workers, students, exchange visitors and trainees. Information profiled includes eligibility criteria, procedures to obtain status and the maximum stay allowed for the status. |
| Labor Condition Application (LCA) Compliance Checklist A Checklist of key issues to help employers comply with Labor Condition Application (LCA) obligations. Employers must obtain LCAs to sponsor workers for H-1B nonimmigrant visa status. To obtain an LCA certification, employers must make attestations about wages and working conditions for foreign and US workers, and must maintain a Public Access File (PAF). |
| Layoffs and Reductions in Force Checklist A Checklist of issues to consider when planning a layoff, also commonly known as a reduction in force. This Checklist addresses the federal Worker Adjustment and Retraining Notification (WARN) Act primarily. For information on state law requirements, see the State Q&A Tool under Related Content to the right. |
| Legal risk management checklist: Creating and operating effective non-discrimination and harassment policies A list of issues to consider when creating and operating a non-discrimination and harassment policy.This checklist is periodically maintained. |
| Liability and compensation for unfair dismissal A flow chart summarising the principles of unfair dismissal and the adjustments that can be made to compensation. |
| Liability and compensation for unfair dismissal under the Employment Act 2002 A flow chart summarising the principles of unfair dismissal and adjustments that could be made to the employee's compensation under the Employment Act 2002. Important: the provisions of the Employment Act 2002 dealing with procedural fairness and compensation were replaced by a new regime under the Employment Act 2008 on 6 April 2009. See Checklist, Liability and compensation for unfair dismissal. |
| Managing Workers' Compensation Costs Checklist A checklist to help manage workers' compensation costs. This ten-point checklist can help employers keep costs down by focusing on long-term objectives. |
| Maternity timeline A timeline showing key stages for the purposes of statutory maternity leave and statutory maternity pay from the date maternity leave starts. |
| Medical Examinations and Inquiries in Employment Checklist A Checklist about conducting medical tests on applicants or employees. This Checklist outlines issues employers should consider before conducting medical tests. This Checklist addresses federal law. For information on state law requirements for drug testing laws, see the State Q&A Tool under Related Content to the right. |
| Military Service Leave: Best Practices Checklist A Checklist outlining best practices and key issues for private employers to consider when an employee requests military service leave and seeks reemployment following military service leave under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This Checklist addresses federal law. For information on state law requirements, see the State Q&A Tool under Related Content to the right. |
| Minimizing Workplace Violence Checklist A Checklist outlining best practices for private employers who do not have a unionized workforce to consider to improve workplace safety for employees and minimize workplace violence. It addresses assessing workplace safety, policies and procedures, training and other practical tips for minimizing workplace violance. For information on state law requirements relating to background checks and drug testing, see the State Q&A Tools under Related Content to the right. |
| Monitoring and Responding to Third Party Use of Social Media: Best Practices Checklist A checklist on best practices for a company to consider in monitoring and responding to third party use of social media, including related to IP infringement, defamation and other risks. |
| NLRB Union Representation Process Flowchart and Companion Analysis A flowchart and companion analysis outlining the processes used by the National Labor Relations Board (NLRB) to determine whether a union can represent workers in collective bargaining under the National Labor Relations Act (NLRA). Click on the link for the flow chart in the second paragraph of this companion analysis. |
| National Labor Relations Board Unfair Labor Practice Case Flowchart A flowchart outlining the process that parties face in bringing, or responding to, an unfair labor practice charge at the National Labor Relations Board. |
| Negotiating tips when acting for a hirer of agency workers Issues for a hirer (or client) of agency workers to consider when negotiating an employment business' standard terms. |
| PLC Employment: legislation tracker A table providing information on significant employment-related existing and proposed EU and UK legislation, including consultations and other relevant developments. |
| Peer Review Panel Program Checklist A Checklist of the steps to take when implementing an independent, neutral internal resolution program for handling employee disputes and workplace conflicts at a company. A peer review panel or peer advisory board can help a company constructively manage and promptly resolve employee grievances. |
| Plant Closing Checklist A checklist outlining the key issues for private employers to consider when contemplating a plant closing. This checklist addresses federal law. In particular, this checklist describes minimizing the risk of discrimination claims, immigration and union considerations, reporting and notice obligations and winding-down, severance, benefits and communications considerations. |
| Policies, procedures and forms to be included in a staff handbook A checklist of the employment policies, procedures and forms which are commonly contained in a staff handbook, including links to those policies where they are found on PLC Employment. |
| Practice development checklist: Equality Act 2010 This checklist highlights the key changes to discrimination law that the Equality Act 2010 has introduced. This checklist is aimed at non-lawyers and is designed for practice development purposes only. |
| Practice development checklist: TUPE transfers This checklist explains when TUPE applies and sets out the different obligations a business involved in the transaction may owe under the legislation. This checklist is aimed at non-lawyers and is designed for practice development purposes only. |
| Practice development checklist: Working Time Regulations Employers with employees who regularly work overtime, should be made aware of a recent Employment Appeal Tribunal (EAT) decision on the 48-hour working week opt out. The EAT held that a requirement by an employer for an employee to sign an opt-out agreement to work overtime was reasonable and necessary to ensure the employer complied with its duty under the Working Time Regulations (SI/1998/1833) to take reasonable steps to ensure compliance with the 48-hour week. The decision will be welcomed by employers who may have been concerned by their exposure to criminal sanctions for employees who want to work overtime, but do not agree to opt out of the 48-hour working week. This checklist summarises an employer's obligations under the Regulations. It is aimed at non-lawyers and is designed for practice development purposes only. |
| Practice development checklist: additional paternity leave This checklist explains the new right to additional paternity leave (APL) and sets out how a business should respond if an employee makes a request for APL. This checklist is aimed at non-lawyers and is designed for practice development purposes only. |
| Practice development checklist: compromise agreements Businesses will welcome the decision in an ongoing High Court case concerning an indemnity in a compromise agreement provided by an employer to a former employee. The court held that the words "any administrative, regulatory, judicial or quasi-judicial proceedings" did not cover investigations by the police into alleged criminal behaviour by the employee. The words used in the indemnity in the agreement are standard, so their interpretation may have an impact on many businesses. The decision also underlines the importance of accurate drafting of contract terms or provisions in compromise agreements. This checklist sets out the key issues a business should consider before entering into a compromise agreement with an employee. It is aimed at non-lawyers and is designed for practice development purposes only. |
| Practice development checklist: corporate manslaughter This checklist sets out the factors which can lead to a business being prosecuted for corporate manslaughter and the penalties for breaching the legislation. This checklist is aimed at non-lawyers and is designed for practice development purposes only. |
| Practice development checklist: dealing with employee grievances This checklist sets out how a business should respond if an employee raises a grievance. This checklist is aimed at non-lawyers and is designed for practice development purposes only. |
| Practice development checklist: disability discrimination: reasonable adjustments This checklist explains what reasonable adjustments are in the context of disability discrimination and identifies when a business may need to make them. This checklist is aimed at non-lawyers and is designed for practice development purposes only. |
| Practice development checklist: discrimination in the provision of goods and services This checklist sets out the duties a business owes to members of the public when they are provided with goods, services or facilities. This checklist is aimed at non-lawyers and is designed for practice development purposes only. |
| Practice development checklist: dismissing an employee This checklist highlights the key issues that a business should consider when dealing with poor performance and, more generally, when dismissing an employee for this or any other reason. This checklist is aimed at non-lawyers and is designed for practice development purposes only. |
| Practice development checklist: flexible working This checklist outlines how a business should respond to a flexible working request from an employee. This checklist is aimed at non-lawyers and is designed for practice development purposes only. |
| Practice development checklist: hiring an employee This checklist highlights the key legal issues a business should consider when hiring an employee. This checklist is aimed at non-lawyers and is designed for practice development purposes only. |
| Practice development checklist: redundancy selection pools This checklist sets out the key issues a business should consider when drawing up the pool of employees from which it will make its selection for redundancy. This checklist is aimed at non-lawyers and is designed for practice development purposes only. |
| Practice development checklist: redundancy: alternative employment If a business is making redundancies, it has a duty to look for alternative employment for any potentially redundant employees. A dismissal is likely to be unfair, if at the time of the dismissal, the business does not consider whether any suitable alternative employment exists. This checklist sets out the key issues that a business needs to consider. This checklist is aimed at non-lawyers and is designed for practice development purposes only. |
| Practice development checklist: restrictive covenants in employment contracts A High Court decision illustrates the importance to employers of having effective restrictive covenants, appropriately drafted to an employee's role, to protect their business. The restrictive covenant in this case stated: "During your employment with Customer Systems (CS) and for a period of one year afterwards you undertake not to be employed directly or indirectly by any present or past customer of CS with which you have been personally involved in the course of your employment by CS." The court held that the covenant relied on by the employer was unenforceable. Its 12-month duration was considered too long, as there was no time limit on the interval between the employee's involvement with a customer and the employee leaving the business. The inclusion of past customers without any limit on time was unreasonable, as was the absence of any time limit on the employee's previous involvement with the customer. This checklist explains what restrictive covenants are, when they are likely to be enforceable and how they can be used in employment contracts to protect businesses' interests. It is aimed at non-lawyers and is designed for practice development purposes only. |
| Practice development checklist: salary sacrifice arrangements This checklist highlights the various salary sacrifice arrangements that can be used by a business. This checklist is aimed at non-lawyers and is designed for practice development purposes only. |
| Practice development checklist: salary sacrifice arrangements HM Revenue & Customs (HMRC) has confirmed that, from 1 January 2012, businesses must account for VAT on the supply of VATable benefits provided to employees under salary sacrifice arrangements. Therefore, from that date, businesses must account for output tax on the supply of VATable benefits provided under salary sacrifice, as well as salary deduction arrangements. HMRC's decision not to seek underpaid output tax from employers will be welcomed by businesses who have provided VATable benefits to employees under salary sacrifice arrangements and reclaimed the input VAT. Similarly, its decision to apply its revised view from 1 January 2012, will also be welcomed as it gives businesses time to review (and where necessary) unwind arrangements before output tax becomes due. Where VATable benefits are provided under salary sacrifice arrangements, employers will have to consider the VAT costs of providing them. For example, the potential loss of VAT recovery on childcare voucher administration fees, on top of the recent changes to the regime for new joiners, which have created a significant additional administrative burden for employers, may lead businesses to conclude that the costs of providing them outweigh the benefits. This checklist highlights the various salary sacrifice arrangements that can be used by a business and the impact of the new VAT rules on them. It is aimed at non-lawyers and is designed for practice development purposes only. |
| Practice development checklist: sickness-related dismissals This checklist sets out the steps a business should take if it is considering dismissing an employee for a sickness-related reason. This checklist is aimed at non-lawyers and is designed for practice development purposes only. |
| Practice development checklist: time off for training This checklist sets out how a business should respond if an employee makes a request for time off work for study or training. This checklist is aimed at non-lawyers and is designed for practice development purposes only. |
| Practice development checklist: workers taking holiday during sick leave This checklist sets out the issues a business should consider when responding to a request for holiday from a worker who is on sick leave. This checklist is aimed at non-lawyers and is designed for practice development purposes only. |
| Pregnancy and Parental Leave: Best Practices Checklist A Checklist of issues under federal law that private employers should consider when reviewing and responding to an employee's request for pregnancy-related or parental-related leave. This Checklist primarily addresses requirements under the federal Family Medical Leave Act (FMLA). For information on state law requirements, see the State Q&A Tools under Related Content to the right. |
| Pregnancy timeline A timeline showing key stages for the purposes of statutory maternity leave and statutory maternity pay leading up to the expected week of childbirth (EWC). It applies to employees whose EWC started on or after 1 April 2007. |
| Preventing and Responding to Discrimination Complaints Checklist A Checklist to help employers prevent discrimination and minimize the risk of related litigation. It includes information on drafting effective policies, training supervisors and staff, conducting internal investigations and responding to internal discrimination complaints. This Checklist addresses federal law. For information on state law requirements, see the State Q&A Tool under Related Content to the right. |
| Preventing and Responding to Sexual Harassment Complaints Checklist A Checklist outlining issues for an employer to consider in deterring sexual harassment and responding to internal sexual harassment complaints, including drafting effective anti-harassment policies, training supervisors and staff and conducting internal investigations. This Checklist addresses federal law. For information on state law considerations, see the State Q&A Tool under Related Content to the right. |
| Recruitment checklist A checklist of the steps involved in the recruitment process from preparing a job description and person specification, advertising the vacancy, carrying out an interview process and making an offer of employment. The checklist briefly highlights issues which might arise at each stage and provides links to other relevant documents. |
| Redundancies that are automatically unfair By virtue of section 105 of the Employment Rights Act 1996, selecting someone for redundancy on certain prescribed grounds will make their dismissal automatically unfair. This checklist sets out the circumstances in which their selection for redundancy will be automatically unfair. |
| Redundancy procedure checklist A checklist outlining issues that may need to be addressed in a redundancy situation. |
| Relocation of employees: residence status: tax checklist A checklist of questions to ascertain the residence status of an employee who goes to work abroad. |
| Resolving Issues During and After FMLA Leave Checklist A Checklist of issues that arise during employee leave under the Family and Medical Leave Act (FMLA) and when an employee returns to work following FMLA leave. It addresses the amount and type of FMLA leave available, recertification for serious health conditions, benefits and reinstatement. For information about state law requirements, see the State Q&A Tools under Related Content to the right. |
| Responding to EEOC Sexual Harassment Charges Checklist A Checklist of steps to take when responding to Equal Employment Opportunity Commission (EEOC) charges, particularly sexual harassment charges. This Checklist addresses federal law. For information on state law requirements, see the State Q&A Tool under Related Content to the right. |
| Responding to an information and consultation request A flowchart showing the steps that an employer must take on receipt of a valid request for an information and consultation agreement under the Information and Consultation of Employees Regulations 2004. |
| Responding to the threat of industrial action: checklist This checklist is aimed at employers facing possible industrial action and their advisers. It suggest steps that may be taken and checks that ought to be made to protect the employer's position and maximise the chance of preventing unlawful industrial action through an injunction. |
| Restrictive covenant decisions A table summarising some of the decisions on the enforceability of restrictive covenants. |
| Retention of employment records A summary of the recommended periods for retention of employment records as reflected in the Employment Practices Code (a good practice guide issued by the Information Commissioner under section 51 of the Data Protection Act). |
| Retirement and unfair dismissal: was retirement the reason for dismissal? A flowchart explaining how the circumstances in which an employee's employment is terminated determine whether the employee's dismissal is, is not or may be by reason of retirement. The default retirement age (DRA) is being phased out from 6 April 2011 and employers should consider the implications of imminent retirements in light of this (see Practice note, Default retirement age: implications of its abolition). |
| Retirement procedure flowchart (under the DRA) A flowchart showing the procedure for retiring employees under the Employment Equality (Age) Regulations 2006. The default retirement age (DRA) was abolished, subject to transitional provisions, from 6 April 2011 (see Practice note, Default retirement age: implications of its abolition). However, this flowchart remains relevant to dismissals effected before 6 April 2011 or those which fall under the transitional provisions. |
| Secondments: practical issues A checklist of key questions that should be considered before seconding an employee to a third party. |
| Setting up a joint venture: checklist A checklist of the main questions to be answered when setting up a joint venture or strategic alliance. |
| Sexual Harassment Prevention Training Checklist A sexual harassment training Checklist outlining issues for an employer to consider in creating training to deter and prevent sexual harassment and related legal exposure. This Checklist includes suggested content for sexual harassment training and additional topics for training for supervisors and managers. For information on state law requirements, see the State Q&A Tool under Related Content to the right. |
| Sickness absence dismissals A checklist of steps to carry out where an employer is proposing to effect a sickness-related dismissal for either capability, conduct or some other substantial reason. |
| Statutory redundancy pay and basic award calculator Ready reckoner table for calculating the statutory redundancy payment or unfair dismissal basic award due to an employee. Note that the upper and lower age limits (but not the age bands themselves) were removed from 1 October 2006 when age discrimination became unlawful. This document is also available as a PDF. See the Actions box on the right of this page. |
| Statutory rights of workers and employees A table summarising the statutory rights that are available to employees, and those that are available to workers. |
| Statutory rights with no qualifying period A table summarising the statutory employment rights for which there is no qualifying period of service. |
| Subjects of Collective Bargaining Chart This Chart sets out various routine subjects often raised in collective bargaining negotiations that the National Labor Relations Board (NLRB) and the US Supreme Court have assigned to three categories. Under the National Labor Relations Act (NLRA), the category to which a subject is assigned (mandatory, permissive or illegal) determines what position a party may take, and what obligations a party has, in bargaining about the subject. |
| Summary of the effect of corporate insolvency procedures on employment and on the application of TUPE A table summarising the employment implications of terminal insolvency, non-terminal insolvency and non-insolvency proceedings. |
| TUPE: what transfers? A checklist of the employee related liabilities that will pass from the seller to the buyer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, and what will not transfer. |
| Taxation of termination payments: checklist A checklist of questions to consider when advising on the tax treatment of termination payments. |
| Terms of an Executive Employment Agreement Checklist This Checklist outlines the provisions that employers and practitioners should consider when negotiating the terms of an executive employment agreement. |
| Terms to Consider When Designing a Severance Pay Plan Checklist This Checklist outlines the provisions that an employer should consider when designing and implementing a severance pay plan. |
| Trade Secrets and Confidential Information Best Practices at Hiring Checklist A Checklist outlining steps an employer can take at the beginning of the employment relationship to avoid potential claims from former employers for theft of trade secrets and unfair competition, and to protect the new employer's confidential, proprietary, and trade secret information. |
| Tribunal complaints: time limits and qualifying periods A table showing the time limits and qualifying periods for certain claims in an Employment Tribunal. |
| Tribunal procedure: Layout of typical Employment Appeal Tribunal hearing room |
| Tribunal procedure: employee's disclosure checklist A list of possible sources of documentary evidence for which an employee, as claimant in an employment tribunal claim, should search. The checklist identifies those potential documents that might be obtained from those sources. |
| Tribunal procedure: employer's disclosure checklist A list of possible sources of documentary evidence for which an employer, as respondent to an employment tribunal claim, should search. The checklist identifies those potentially relevant documents that might be obtained from those sources. |
| Tribunal procedure: layout of a typical tribunal hearing room A plan showing the layout of a typical tribunal hearing room. |
| Union Representation Process Checklist A Checklist describing the process for a union becoming the exclusive bargaining representative for a group of employees. The resource outlines the timeline and procedures involved in the union representation process that employers should understand to best respond to union organizing efforts. |
| Using Independent Contractors and Outside Firms: Avoiding Employee Misclassification Checklist A Checklist of independent contractor classification considerations and practical steps a company can take to minimize the risk of misclassification of employees as independent contractors. This Checklist is jurisdiction-neutral. For information on state law requirements, see the State Q&A Tool under Related Content to the right. |
| Various methods of enforcement compared A table showing differences between, and advantages and disadvantages of, various methods of enforcement. |
| WARN Act Compliance Checklist A Checklist of key issues to help private employers comply with the federal Worker Adjustment and Retraining Notification (WARN) Act in advance of a mass layoff or plant closing. This Checklist focuses on federal requirements. For information on state law requirements, see the State Q&A Tool under Related Content to the right. |
| When can breach of the Acas Code affect compensation? A checklist of tribunal claims indicating whether they are covered by the regime under section 207A of, and Schedule A2 to, the Trade Union and Labour Relations (Consolidation) Act 1992 (as amended by the Employment Act 2008), which gives tribunals the power to increase or reduce an employee's compensation by up to 25% if either party has unreasonably failed to comply with a relevant code of practice. |
| When is data "personal data" for the purposes of the Data Protection Act 1998?: checklist A checklist of questions to be considered when trying to determine if information can be considered "personal data" for the purposes of the Data Protection Act 1998. |
| Which court do I use to enforce my money judgment? A checklist giving guidance on court options when enforcing a money judgment. |
| Whistleblowing: prescribed persons A checklist that identifies "prescribed persons" to whom a worker may in certain circumstances make a protected disclosure under the Employment Rights Act 1996 (as amended by the Public Interest Disclosure Act 1998). |