This Fixed Term Employment Agreement is designed to be applicable to a
variety of different jobs where the employee is taken on for a defined or
fixed term.
Employers must provide workers and employees with a written statement of
their main terms and conditions of employment and this is often known as a Standard Form Section One Statement.
This Contract covers the requirements of a Standard Form Section One
Statement. From 6 April 2020, there are new rules on what must be included
in a written statement for new starters and pre-existing employees will be
able to request a written statement that complies with the new rules. This
contract complies with these requirements and must be provided to the
employee or worker by day one of employment.
The Fixed Term Employment Agreement contains provisions dealing with
restrictive covenants. In particular, it contains the following covenants:
Non-Compete Covenant, preventing employees or ex-employees from being
involved in a competitor business; Non-Solicitation Covenant preventing
employees or ex-employees from soliciting business from clients/prospective
clients or suppliers and Non-Poaching Covenant preventing the employee from
enticing away his/her former colleagues.
This employment contract has a General Data Protection Regulation
(GDPR)-compliant data processing clause. After 25 May 2018, employers must
use this clause, as employers will not be able to rely on the existing
generic consent clauses.
Fixed term employees have the same minimum rights as permanent workers and
are protected by the Fixed-Term Employees (Prevention of Less Favourable
Treatment) Regulations 2002. Any clause or agreement which purports to
waive rights regarding unfair dismissal or redundancy is void.
Please note that the Statutory Dispute Resolution Procedures still apply to
dismissals due to the non-renewal of Fixed Term Employment Agreements since
the ACAS Code of Practice does not apply to the non-renewal of Fixed Term
Contracts on their expiry.
This contract includes a clause which entitles the employer to end the
fixed term contract early whilst avoiding a potential claim for damages
equivalent to the pay and benefits the fixed term worker would have
received up to the time the contract was due to terminate.
Restrictive covenants should be no wider than is necessary to protect your
“legitimate business interests”. If their scope is too wide, they may not
be enforceable. Please ensure that you carefully consider each restrictive
covenant, removing any that are not relevant to your particular business
and to the specific employee. Ensure that time and geographical limits are
appropriate and reasonable to the nature of your business.
The Pensions Act 2014 introduced a new state pension for people reaching
state pension age on or after 6 April 2016, replacing the previous basic
state pension and additional state pension and ending contracting out for
defined-benefit schemes. This employment contract has been updated
accordingly with the removal of the clause referring to the contracting out
certificate.
This agreement contains the following clauses:
1. General
2. Duties and Job Title
3. Fixed Term
4. Date of Commencement / Date of Continuous Employment
5. Hours of Work
6. Place of Work
7. Work outside the UK
8. Remuneration and benefits
9. Collective Agreements
10. Holidays
11. Other paid leave
12. Training
13. Sickness Absence
14. Maternity and Paternity Rights
15. Pension
16. Non-Compulsory Retirement
17. Mobility
18. Grievance Procedure
19. Disciplinary Procedure
20. Staff Handbook and Employment Policies
21. Confidential Information
22. Restrictions during Employment and after Termination of Employment
23. Data Protection
24. Changes to Terms and Conditions of Employment
25. Severability
26. Governing Law
Clauses with optional and alternative phrases
Options and alternatives appear in blue font. The way in which this
document is designed ensures that it will make sense with or without the
optional clauses. Tailor this contract by removing all phrases and clauses
which are not relevant to your business. Once you have finished, please
remember to highlight the whole document and switch the font colour to
black.
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