make your free senior employment contract
what we'll cover
what is a senior employment contract?
a senior employment contract is a contract between a senior employee or director/executive and an employer. senior employment contracts help employers comply with their obligation to provide all employees with written statements of employment particulars by their first day of employment.
this document is gdpr compliant.
when should i use a senior employment contract?
use this senior employment contract:
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if you are an employer
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if you want to:
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hire a senior employee
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appoint an executive director, or
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include more comprehensive employment terms in an employee’s contract
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only for employees based in england, wales or scotland
sample senior employment contract
the terms in your document will update based on the information you provide
employment contract
this agreement is made on the date of last signature set out below.
between:
- of (the employee or you).
this document sets out your terms and conditions of employment and contains the written particulars of your employment as required under section 1 of the employment rights act 1996.
meanings
- in this agreement, the following terms are defined:
agreement this employment contract and any changes that the parties agree in writing; associated employer has the meaning given by the employment rights act 1996; board the board of directors of the employer; capacity as agent, consultant, director, employee, owner, partner, shareholder or in any other capacity; employment intellectual property rights (iprs)
any intellectual property rights you create in the course of your employment with us (whether or not during working hours or using our premises or resources) that:
- relate to any part of (or demonstrably anticipated business of) the employer or any group business; or
- are reasonably capable of being used by the employer or in any part of a group business;
employee inventions
any invention which is made wholly or partially by you at any time during the course of your:
- normal duties; or
- duties specifically assigned to you, if those duties are such, that an invention might reasonably be an expected result (whether or not during working hours or using our premises or resources, and whether or not recorded in material form);
group business any business owned or operated by us or an associated employer or all of those businesses together, as the context allows; inventions inventions, ideas and improvements, whether or not patentable, and whether or not recorded in any medium; intellectual property rights (iprs) without limitation all existing or future intellectual and industrial property rights, anywhere in the world including any invention, patent, utility model right, copyright and related right, trade mark, trade name, internet domain name, design right, design, service marks, trade secret, database right, topography right, right in get-up, right in goodwill or to sue for passing off and any other right of a similar nature, whether registered (or capable of registration) and the right to apply for any of these; inventions without limitation, inventions, ideas and improvements, whether or not patentable and whether or not recorded in any medium; restricted business those parts of the employer's business and any group business with which you were involved to a material extent in the prior to the termination date; termination date the effective date of termination of your employment . - in the agreement, unless the opposite is clear from the context:
- all singular words include plural ones and vice versa;
- all references to paragraphs, schedules or appendices are to the ones in the agreement;
- all references to a person include firms, companies, government entities, trusts and partnerships;
- the term 'including' does not exclude anything not listed;
- all references to statutory provisions include any changes to those provisions;
- the headings are not part of the agreement.
getting started
- we agree to employ you on the terms of this agreement from .
- all the terms of your employment are in this contract. if you have received a separate offer letter and there is any inconsistency between this contract and that offer letter, then this contract will prevail.
- you warrant that, by entering into this agreement or performing any of your obligations under it:
- you will not be in breach of any court order or any express or implied terms of any contract or other obligation binding on you;
- you are entitled to work in the united kingdom without any additional approvals and will notify the employer immediately if you cease to be so entitled during the term of this agreement;
- you satisfy the requirements of any government authority and/or regulatory body which governs or regulates our business; and
- you satisfy any other conditions specified in any offer letter that we have sent to you.
if you do not satisfy any of these conditions now or in the future you must tell , immediately and we will have the right to end your employment without notice or compensation.
- you warrant that your notice period to end any previous employment or office has expired by the date your employment with us starts.
duties, place of work and hours
- your role is and involves the duties that normally go with that role including you must take on reasonable additional or different duties when we ask you, to meet our reasonable business needs.
- you must obey our lawful instructions and perform your duties faithfully, diligently and to the best of your abilities, ensuring you tell us of any wrongdoings, which may affect us. you must also use your reasonable endeavours to promote group business interests.
- your normal workplace is , . your job may involve some business travel or temporarily working at other locations that we specify but we don't envisage this involving more than a month's work outside the uk.
- you agree to work such additional hours as are necessary for the proper performance of your duties. you acknowledge that you will not receive further remuneration in respect of such additional hours.
- you must devote all of your working time and attention to group business during your hours of work. outside these hours you can have another job or hold another business interest, as long as your outside activities don't interfere with your duties for us or cause a conflict of interest. however, you must not work for a competitor and you must keep fully informed about your outside interests.
- we can suspend you to carry out a disciplinary investigation or if we have another reasonable basis for suspension.
pay and expenses
- we will pay you £ per year in equal monthly instalments in arrears. payment will be by automated bank transfer or another method agreed between us. we will review your pay annually, in our sole discretion, and there is no right to an increase where a review is held. no review will be held if you or we have given notice to terminate your employment.
- we can deduct any money that you may owe us from your pay or other payments due to you.
- you are not entitled to reimbursement of expenses in connection with your duties under this agreement unless we give advance written permission.
holiday
- our holiday year runs from to . you are entitled to days' holiday per holiday year at full pay. this entitlement includes the usual public holidays. in the holiday year(s) in which your employment starts and ends, one-twelfth of your annual holiday entitlement will accrue for each full month of employment.
- you must take your holidays on dates that are convenient to us and that we agree in advance. you should give us as much notice as you can of your wish to take holiday on a particular date giving notice of at least double the length of holiday days you wish to take in one go. you may have to take specific days as holiday, as notified to you.
- when your employment ends, we will pay you in lieu of any accrued but untaken holiday entitlement. you must take your outstanding holiday entitlement during any notice period, if we ask you to. if you have taken more holiday than you have accrued then you must repay us for the days you have not accrued. payment by you or us under this paragraph will be at the rate of 1/260th of your annual salary (or, if you are part-time, at 1/260th of your full-time equivalent salary) for each day of holiday. if we dismiss you for gross misconduct or you breach your employment contract then we will pay you for accrued and untaken holiday up to the statutory minimum holiday entitlement and all holiday you have taken in that holiday year will count towards statutory minimum entitlement first.
- we encourage you to use your holiday entitlement in full each year. you may only carry forward unused holiday up to a limit of . carry forward may also be permitted if a period of extended sickness absence, statutory maternity, paternity, shared parental or adoption leave has prevented you from taking leave in the relevant year and in this case you should contact . we will not pay you in lieu for any days not taken (or carried forward unless your employment is ending).
sickness
- if you are off sick for seven days or less in a row, you must complete a self-certification form. if you are off sick for longer, you must give us medical certificates covering the whole period (except the first seven days).
- you must undergo a medical examination by our nominated doctor if we ask you to. we can see any report the doctor writes and discuss the contents with them. we can postpone your return to work following sickness absence until a doctor confirms that you are fit to work.
- during sickness absence, we will pay you statutory sick pay (ssp) as long as you satisfy the relevant requirements. for the purposes of ssp, the agreed qualifying days are your normal days of work as specified in this agreement.
- if your sickness absence is the fault of a third party and you can recover damages from that party you should notify us. if there are any claims or settlements you should keep us informed and pay us back any sum recovered from the third party to compensate you for lost earnings, which you have been paid for by us.
- we have the right to terminate your employment as set out in this agreement even if this means you lose the right to sickness or other benefits.
offices and directorships
- you must accept any offices or directorships in the employer or any associated employer and perform such other reasonable duties in relation to group business as we may require. holding any directorship or office is not a term of your employment and is in our absolute discretion.
- as soon as your employment ends, however, that happens, or earlier if we ask, you must immediately resign from all offices or directorships you hold in the employer or any associated employer. you will have no claim as a result of that resignation. you irrevocably appoint us to be your attorney in your name and on your behalf to execute documents, use your name and do anything necessary or desirable for the employer to effect your resignation as a director of the employer or any associated employer if you do not resign immediately when we ask you to and obtain the full benefit of this paragraph. a written certificate, signed by any of our directors, that any document or act falls within the authority given by this paragraph is conclusive evidence that it does.
- it is a condition of your employment that you must not resign any office as a director of the employer or any associated employer unless we request or consent to this or your resignation is required by law.
pension and other benefits
- if you are eligible, we are required to enrol you automatically into a pension scheme. details will be provided to you as required by the law. if you do not decide to opt-out of automatic enrolment, you will be required to make pension contributions to the scheme at the level set out under part 1 of the pensions act 2008 from time to time and you agree to us deducting such contributions from your salary each month. the scheme is subject to its rules as may be amended from time to time, and we may replace the scheme with another pension scheme at any time.
- for further information about pension arrangements, see .
data protection
- we will process personal data and sensitive personal data ('special categories of personal data') about you in accordance with our data protection policy and data protection privacy notice, available from the or the staff handbook.
- 'personal data' includes references, personal records, emails containing personal details, addresses and details of contractual benefits.
- 'sensitive personal data' includes information about:
- your health, to monitor sick leave and take decisions about your fitness for work; and
- your racial or ethnic origin or religious or similar information in order to monitor compliance with equal opportunities legislation.
- you will comply with your obligations under our data protection policy and other relevant policies.
- we will process your data in accordance with our data protection privacy notice, specifically to:
- meet our obligations under your employment contract; and
- ensure that we are complying with our legal obligations.
in other cases, we have a legitimate interest in processing your data before, during and after the end of the employment relationship.
- the employer may transfer personal data and sensitive personal data outside the uk or the european economic area in accordance with the employer's data protection privacy notice.
termination
- we can terminate your employment without notice or payment for your notice period:
- if you commit any act or omission that we think is gross misconduct;
- if you repeatedly or seriously breach your employment obligations (including our policies and your obligations under this agreement);
- if you are reasonably considered by the board to be incompetent or negligent in respect of your duties;
- if you are declared bankrupt;
- if you commit a criminal offence or are guilty of fraud, dishonesty or act in a way which may bring you or the group business into disrepute or is materially adverse to the interests of the group business;
- if you do not have the right to work in the united kingdom; or
- in any other situation that we have said allows us to do this (including in this agreement or any handbook or written policy).
- if we end your employment because we are affected by restructuring and you are offered employment with any related or resulting business or entity on terms which are as a whole not substantially less favourable, then you will have no claim in connection with the termination of your employment.
confidentiality
- during the appointment, you may have access to confidential information concerning us, and a group business which will be deemed to include any non-public information concerning our or any associated employer's:
- finances, operational model, business plans and sales and marketing information, plans and strategies, business transactions, research activities and dealings and affairs;
- customers, suppliers, licensors, licensees, agents, distributors or contractors, including, without limitation, lists of, identities of, contact details of and requirements of such persons, pricing or price structures, discounts, special prices or special contract terms offered to or by or agreed with such persons;
- existing and planned goods or services and their components, and any underlying technology, product lines or proprietary materials, including but not limited to (i) all employment iprs (ii) all employment inventions and (iii) all analyses, compilations, studies and other documents prepared by the employee which contain or otherwise reflect or are generated from the information referred to above; or
- computer and communications systems, source codes and software;
in each case whether past, current, future or prospective but not including any information which is or becomes generally available to the public other than through your breach of this agreement (confidential information).
- during and after your employment, you must not use or disclose or allow anyone else to use or disclose any of our confidential information, except:
- as necessary to perform your duties for us, properly; or
- with our consent; or
- as required by law or ordered by a court that has jurisdiction; or
- to make a protected disclosure within the meaning of section 43a of the employment rights act 1996.
- as soon as your employment ends, however, that happens, or earlier if we request it, you must:
- return to us, all property that you have or control that belongs to us or relates to a group business including but not limited to all documents, data, manuals, hardware, software and any car, keys, swipe cards, laptops and mobile phones provided for your use during the appointment;
- notify us of all passwords used by you on our computer and communications systems; and
- delete any such property and confidential information from any electronic device which belongs to you.
- you agree that if you do not comply with this paragraph, damages would not be an adequate remedy and we can apply for an injunction to prevent any (further) breach, without prejudice to any other remedy that we might pursue, including but not limited to claiming damages.
intellectual property
- you acknowledge that:
- all employment iprs, employment inventions and works embodying them shall be owned automatically and absolutely by the employer to the fullest extent permitted by law. to the extent that they are not automatically owned by the employer, you hold them on trust for us; and
- because of the nature of your duties and the particular responsibilities arising from the nature of your duties, you have, and shall have at all times while you are employed by us, a special obligation to further the interests of the employer.
- you agree:
- to promptly and on their creation, give us full written details of all employment inventions you make wholly or partially during the course of your employment;
- at our request, and in any event, on the termination of your employment, to give us all originals and copies of correspondence, documents, papers and records on all media which record or relate to any of the employment iprs;
- to use your best endeavours to execute all documents and do all acts both during and after your employment by us as may, in the opinion of the employer, be necessary or desirable to vest the employment iprs in the employer, to register them in the name of the employer and to protect and maintain the employment iprs and the employment inventions;
- to give us all necessary assistance to enable us to enforce our intellectual property rights against third parties, to defend claims for infringement of third party intellectual property rights and to apply for registration of intellectual property rights, where appropriate throughout the world, and for the full term of those rights;
- not to attempt to register any employment ipr nor patent any employment invention unless we request that you do so; and
- to keep confidential each employment invention unless we have consented to its disclosure in writing.
- you waive all moral rights under the copyright, designs and patents act 1988 (and all similar rights in other jurisdictions) which you have or will have in any existing or future works.
- you hereby irrevocably appoint the employer to be your attorney in your name and on your behalf to execute documents, use your name and do all things which are necessary or desirable for the employer to obtain for itself or its nominee the full benefit of this clause.
post-termination restrictions
- in order to protect the confidential information and business connections of the employer and each associated employer to which you have access as a result of your employment with us, you covenant with the employer (for itself and as trustee and agent for each associated employer) that you shall not:
- at any time after the termination date, represent yourself as connected with the employer or any group business in any capacity.
- none of the restrictions in the paragraph above will prevent you from:
- holding an investment by way of shares or other securities of not more than % of the total issued share capital of any company, whether or not it is listed or dealt in on a recognised stock exchange; or
- being engaged or concerned in any business concern insofar as your duties or work shall relate solely to geographical areas where the business concern is not in competition with any restricted business; or
- being engaged or concerned in any business concern, provided that your duties or work must relate solely to services or activities of a kind with which you were not concerned to a material extent in the 12 months prior to the termination date.
- the restrictions imposed on you by this section (post-termination restrictions) apply to you acting:
- directly or indirectly; and
- on your own behalf or on behalf of, or in conjunction with, any person.
- if you receive an offer to be involved in a business concern in any capacity during the term of this agreement, or prior to the expiry of the last of the covenants in this section (post-termination restrictions), you must give the person making the offer a copy of the paragraph setting out the restrictions and must tell us the identity of that person as soon as possible after accepting the offer.
- each of the restrictions in this section (post-termination restrictions) is intended to be separate and severable. if any of the restrictions shall be held to be void but would be valid if part of their wording were deleted, such restriction shall apply with such deletion as may be necessary to make it valid or effective.
- you agree that if you do not comply with this section (post-termination restrictions), damages would not be an adequate remedy and we can apply for an injunction to prevent any (further) breach, without prejudice to any other remedy that we might pursue including but not limited to claiming damages.
employer's procedures
- you must familiarise yourself with and comply with our policies and procedures including any new or amended ones introduced after this agreement. you must comply with our anti-corruption and bribery policy, at all times. our policies and procedures, including our disciplinary procedure and grievance procedure, are available from the . no policy or procedure is part of your contract of employment, unless the policy or procedure specifically says that it is.
- if you are dissatisfied with any disciplinary decision relating to you (including any decision to dismiss you) then you should notify in writing, specifying the grounds for your dissatisfaction. further information can be found in the disciplinary procedure.
- if you wish to seek redress for any grievance relating to your employment then you should notify your immediate supervisor in writing, specifying the grounds for your grievance. if your grievance relates to your immediate supervisor then you can instead notify . further information can be found in the grievance procedure.
amendment to terms and conditions
- we can make reasonable changes to any of the terms of your employment whenever we want to. we will notify you in writing of any change before the date it comes into force.
miscellaneous
- the terms of the collective agreement dated made between and the employer, a copy of which is available from the , are deemed to be included in this agreement.
- this agreement and the documents referred to in it contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the agreement. nothing in this paragraph limits or excludes any liability for fraud or fraudulent misrepresentation.
- other than dealings in the normal course of business, any notice, request, demand or other communication (collectively notices) to be given under this agreement will be deemed to be duly given by either party if:
- sent by first class post addressed to the other party at (in the case of a notice to the employer) its registered office or place of business for the time being or (in the case of a notice to you) the address that you have last notified to us; or
- given personally to (in the case of a notice to the employer) a director, partner, chief executive or equivalent of the employer or (in the case of a notice to you) to you; or
- sent by electronic mail to the business email address of the chief executive or equivalent in the case of the employer and your email address as notified in writing to the employer from time to time.
- any such notice will be deemed to have been given:
- if sent by first class post, 48 hours (or, if sent to or from a place outside the united kingdom, seven days) after the time of posting and, in proving service, it will be sufficient to prove that the envelope containing such notice was properly addressed, stamped and put in the post;
- if sent by email, 24 hours after sending.
- if any court of competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, so far as necessary, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.
- a provision which by its intent or terms is meant to survive the termination of the agreement will do so.
- this document has been executed as a deed and is delivered and takes effect on the date stated at the beginning of it.
governing law
- this agreement shall be governed by and interpreted according to the law of england and wales and all disputes arising under the agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the english and welsh courts.
third party rights
- no one other than you and us have any rights to enforce any part of this agreement.
executed as a deed by | |
in the presence of: | |
witness signature | |
name of witness | |
address | |
occupation | |
date |
about senior employment contracts
learn more about making your senior employment contract
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how to make a senior employment contract
making a senior employment contract online is simple. just answer a few questions and 2022世界杯32强抽签时间 will build your document for you. when you have all of the details prepared in advance, making your document is a quick and easy process.
to make your senior employment contract you will need the following information:
employer and employee details
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what are the employer’s details (eg legal structure, name and address)?
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if the employer is a company, llp or partnership, who will sign the contract on the employer’s behalf and how?
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what are the employee’s details (ie their name and address)?
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what is the name and job title of the contact person for the employee?
job details
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what is the employee's job title?
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is the employee being offered full-time employment?
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are the employee's duties set out in a separate job description or specified in the contract?
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what is the employee's workplace address?
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can the employer move the employee's workplace?
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if so, within what geographical space can the employer move the employee's workplace?
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what are the employee’s duties?
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does the employee have regular hours of work? if so:
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what are the employee’s regular days of work?
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what are the employee’s working hours?
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does the employee have an hour-long lunch break? will the lunch break be paid or unpaid?
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if the employee does not have regular hours of work, what is the employee's total number of weekly work hours?
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previous employment
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will any previous employment count towards the employee's continuous employment?
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on what date did the previous employment start?
probation period
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does the employer want an initial probationary period? if so:
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what is the length of the probationary period?
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does the employer want to have the option to extend the employee's probationary period?
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what is the length of time the probationary period can be extended by?
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salary and expenses
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what is the employee's annual salary?
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is the employee entitled to reimbursement for expenses without advance permission?
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is the employee eligible for a discretionary bonus?
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if so, is the bonus payment decided against objectives set by the employer?
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is the employee eligible to be considered for a grant of share options?
holiday
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what are the dates of the employer’s holiday year?
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what is the employee's annual leave (holiday) entitlement?
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is the employee entitled to bank holidays in addition to their annual leave entitlement?
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does the employer want to restrict how many weeks' holiday the employee can take at any one time?
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if so, what is the maximum number of consecutive weeks' holiday that the employee can take at any one time?
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can the employee carry forward unused holiday entitlement without special permission?
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if so, how many days of unused holidays can the employee carry forward?
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sickness policy
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is there a written sickness policy?
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if not, at what time must the employee notify the employer that they will be absent due to sickness?
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will the employee receive normal pay during sickness absence?
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if so, for how many weeks of sickness absence per year will the employee receive normal pay?
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benefits
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are there any insurance benefits applicable to this employee? if so, does the employee have access to:
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life assurance? what multiple of the employee's salary does the life assurance provide for?
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private medical cover? who does the medical insurance cover in addition to the employee?
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permanent health insurance (ie income protection insurance)?
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is the employee entitled to a:
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car allowance? how much is the car allowance each month, before tax is deducted?
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company car? can the employee use the company car for personal purposes? will the employee receive a fuel allowance for the company car?
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termination
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is the employment for a fixed term?
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if so, what is the employment end date?
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will the notice period for employment termination be more than the statutory minimum?
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if so, how long is the notice period?
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does the employer want to be able to end the employment immediately by paying out the notice period, rather than allowing it to run?
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if so, will the employer pay the employee for their normal contractual benefits during the time that would have been their notice period?
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can the employer request that the employee go on garden leave during any part of their notice period?
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must the employee indemnify the employer for losses caused by the employee's breach of legal duties?
restrictions
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after the end of employment, is the employee restricted from:
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soliciting the employer's customers? for how many months after the end of employment is the employee restricted from soliciting the employer's customers?
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enticing away anyone who works for the employer? for how many months after the end of employment is the employee restricted from enticing away anyone who works for the employer?
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working for a competing business in any capacity? for how many months after the end of employment is the employee restricted from working for a competing business?
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providing competing goods or services to the employer's customers? for how many months after the end of employment is the employee restricted from providing competing goods or services to the employer's customers?
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if applicable, how are the areas where the restrictions apply defined? what are the restricted area(s)?
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what period of activity before termination will be used as a reference to define the employees, customers or business areas protected by the restrictions?
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if applicable, how does the employer want to describe people whom the employee must not employ or engage post-termination?
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what level of investment (ie size of shareholding) in a competing company can the employee hold without breaching the non-compete restriction?
collective agreement
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does the employer recognise a trade union for collective bargaining in respect of the employee's employment? if so:
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what is the date of the collective agreement?
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what is the name of the trade union (or names of the trade unions) with which the employer has a collective bargaining agreement?
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monitoring
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does the employer process (eg store) criminal records data?
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will the employer be monitoring staff?
effective date
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on what date will the contract take effect?
jurisdiction
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if either party is based in scotland, which country's law will apply to this contract?
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common terms in a senior employment contract
a senior employment contract is used to hire a senior employee or to appoint an executive director based in england, wales or scotland. to achieve this, this contract covers:
between
the senior employment contract starts by clearly identifying the employer and the employee.
meanings
this section explains the meanings of certain defined terms used throughout the senior employment contract. for ease of identification, all defined terms are capitalised throughout the contract. examples of the defined terms include ‘employment intellectual property rights (iprs)’ and ‘restricted business’.
getting started
this section provides basic details relating to the employment of the employee. these include:
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the employment start date
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an explanation that all of the terms of employment are in this contract
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details of the applicable probation period
duties, place of work and hours
this section provides details relating to the employee’s duties and their place and hours of work.
pay and expenses
this section explains what the employee will be paid and reimbursed for, and how this will happen.
holiday
this section provides details of the employer’s annual leave year and the employee’s annual leave entitlement.
sickness
this section sets out relevant details relating to the employer’s sickness policy (if one exists) and employee sicknesses (eg how sickness should be reported, when a fit note is required, when a self-certification form can be used, and when sick pay will be paid).
offices and directorships
this section sets out that the employee may be required to accept offices or directorships in the employer’s business. it clarifies that holding any directorship or office is at the employer's discretion and not a term of employment and that, upon ending employment, the employee must immediately resign from any such positions. it also sets out that the employee must not resign from any directorship without the employer's request or consent, or unless required by law.
pension and other benefits
this section outlines the employer’s pension schemes along with any other benefits that the employee is entitled to, such as insurance and share options.
data protection
this section details the employer’s commitment to their obligations under data protection law (ie the uk general data protection regulation (gdpr) and the data protection act 2018) and their internal data protection policies and procedures (eg their data protection policy and employee privacy notice).
termination
this section specifies when and how the employment relationship can be ended, including how the employee can resign.
garden leave
if relevant, this section sets out the employer’s right to ask the employee not to work (and not to access the employer’s premises or act as if they still have authority to represent the employer) during their notice period.
confidentiality
this section details the rules and procedures that are in place to protect the employer’s confidential information (eg business strategies or new inventions) that the employee has access to. this applies both during and after employment.
intellectual property
this section addresses intellectual property (ip) ownership, including setting out that any ip produced during employment will belong to the employer.
post-termination restrictions
this section covers the post-employment restrictions that the employee will be bound by.
employer's procedures
this section details how the employer and employee should navigate any disciplinary matters, grievances and other workplace issues.
amendment to terms and conditions
this section addresses the employer’s right to make changes to the terms of employment and explains that the employee will be notified of these changes in writing.
miscellaneous
this section sets out other points that apply to this senior employment contract, including:
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how any notices must be served (ie delivered) under the contract
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clarifying that this contract forms the entire agreement between the parties
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setting out that any provisions that are meant to survive the termination of the contract will do so
governing law
this section sets out the jurisdiction of the senior employment contract. this sets out under which country’s legal systems any disputes must be handled, which is necessary as the legal system of england and wales is different to that of scotland.
third-party rights
this section explains that no one but the employer and employee has the right to enforce any part of this contract.
signatures
due to the nature of this senior employment contract (ie it being a deed), it must be physically signed and, depending on the signing process, a witness may need to be present. the signature section of this contract contains the relevant signature blocks.
if you want your senior employment contract to include further or more detailed provisions, you can edit your document. however, if you do this, you may want a lawyer to review or change the senior employment contract for you, to make sure it complies with all relevant laws and meets your specific needs. ask a lawyer for assistance.
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legal tips for making a senior employment contract
consider whether you want to make a separate job description
it may be advantageous to prepare a detailed job description in a separate document from the senior employment contract, particularly if the role is advanced or intricate. a separate job description enables you to provide a more comprehensive outline of the employee's duties, the protocols they are required to follow and your anticipated standards. this helps ensure the clarity of the employment arrangement.
familiarise yourself with and uphold the employee’s employment rights
employment law is complex and, as an employer, you must uphold it to avoid penalties. it is crucial that you understand which employment laws apply and that you abide by them. particularly, it is fundamental that you uphold employees’ employment rights. these include employees’ rights to:
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receive a written statement of employment particulars on their first day
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receive statutory sick pay (ssp)
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take paid holiday
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take family leave (eg maternity leave, paternity leave or shared parental leave)
failing to uphold an employee's employment rights may result in costly and time-consuming cases being brought against you in an employment tribunal. for more information, read hr and hiring.
adopt all relevant workplace policies
as an employer, you are always required to have a grievance procedure in place, detailing how workplace grievances are handled. further, you are always required to have a health and safety policy in place, outlining your health and safety procedures. this must be in writing if you have more than 5 employees.
however, to uphold your employees’ employment rights and solidify your reputation as a law-abiding and conscientious employer, you should also consider making other policies. for example, a:
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data protection policy - detailing how personal data, such as employees' names, addresses, and medical information, is processed (eg handled and stored). this is essential to demonstrate compliance with data protection regulations
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disciplinary procedure - outlining the process for handling workplace disciplinary issues
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maternity policy - detailing the right to maternity leave and pay
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paternity policy - detailing the right to paternity leave and pay
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shared parental leave policy - specifying the right of employees to share time off work after the birth of a child
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flexible working policy - covering the right to request flexible work arrangements
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sickness policy - detailing how sickness absences are handled and providing information about sick pay
you can also make an employee handbook, which consolidates your employment policies in one place. for more information, read hr policies and procedures and see our hr policies checklist.
understand when to seek advice from a lawyer
ask a lawyer if:
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this document doesn't meet your needs
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you are appointing senior employees or directors of a public company (ie a company whose shares are listed on a stock exchange)
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you are appointing employees based outside england, wales and scotland
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senior employment contract faqs
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what is included in a senior employment contract?
this senior employment contract template covers:
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the duties of the role and how much they can be changed
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restrictions on outside activities and other work
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hours of work
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place of work
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offices and directorships
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sickness and injury of employees
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disciplinary and grievance procedures
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arrangements for ending employment (including the option to make employment for a fixed term)
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information required by law about trade unions and any contracting-out certificate for pension purposes
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why do i need a senior employment contract?
you need a senior employment contract when you hire a person for a senior position within your business (eg a company director or an executive). senior employment contracts outline the terms and conditions of employment and cover the provisions generally required in employment contracts as well as relevant provisions for more senior employees.
by making a senior employment contract when hiring a senior employee or appointing an executive director, you ensure that you are legally compliant. moreover, as senior employees and executive directors will likely have more responsibility than average employees and will be privy to more confidential information, it is crucial to make a contract with added detail and security provisions to protect your business.
for more information, read hiring and appointing and removing directors.
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why is a senior employment contract important?
employers are legally required to give all employees (including senior employees) a written statement of particulars on the first day of their employment. this senior employment contract complies with the requirement for a written statement. employment contracts must be compliant with relevant laws, including those contained in the employment rights act 1996, the employment act 2002 and the equality act 2010.
making a senior employment contract also provides clarity about the terms of employment to both the employer and the employee.
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what are the main differences between a senior employment contract and an employment contract?
a senior employment contract is more complex than a regular employment contract. this is because a senior employee is more likely to be exposed to confidential information and to have more responsibility. this contract includes extra clauses which help to protect these interests. this includes clauses on:
garden leave
a garden leave clause allows the employer to require the employee to stay at home during their notice period. this can help protect the employer's business by keeping the senior employee out of the office. the purpose is to limit their contact with other employees and access to confidential information and, therefore, to prevent them from using this access when working for another employer or setting up a competing business. for more information, read gardening leave.
payment in lieu of notice (pilon)
a pilon is a payment made by an employer instead of having the employee work out their notice period. employment ends immediately and the payment compensates the employee for what they would have earned during the notice period. a pilon can only be made if an employee’s contract allows this or if the employee agrees in advance. for more information, read payments in lieu of notice.
post-termination restrictions
these are contract clauses prohibiting employees from doing specific things after their employment ends. such clauses may require, for example, that they do not join a competitor business (ie a non-compete clause), poach other employees, or solicit customers. for more information, read post-employment restrictions, non-solicitation and restrictive covenants and non-compete clauses.
share options
this is a benefit in the form of a stock option given by a company to an employee to let the employee buy shares in the company at a discount or at a stated fixed price. for more information, read employee share schemes.
other employee benefits
these could include benefits such as bonuses, reimbursement for expenses without advance permission (you can specify the maximum amount in this contract), or life and health insurance.
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should i make a separate job description?
whether or not you want to set out details of the job in a separate job description is a decision for you to make. by making a job description, you can provide more detailed information to your employees. however, you can also set out job details in the senior employment contract. these details will typically be briefer than those set out in a separate job description.
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what should the notice period be for a director or senior employee?
notice periods for directors or senior employees often range from 1 month to 3 months, but they can be almost any length of time, for example, 6 months or 12 months. it is up to the employer to decide the notice period, however, this is subject to the requirement that it is at least the statutory minimum. it is normal (but not compulsory) to have a notice period greater than the statutory minimum for senior employees. this is known as a ‘contractual notice period’.
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can employee data be transferred out of the uk or eea?
this senior employment contract gives you the right to transfer employee data out of the uk or the european economic area (eea). however, personal data (ie names and addresses) can only be transferred outside of the uk or eea if there are appropriate safeguards in place. for example, if certain standard contractual clauses have been adopted. any such safeguards should be set out in the employer's data protection policy.
for more information, read international transfers of personal data.
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