To what extent are the terms of a contract binding?
What are incorporated terms and are they legally binding?
If one document is referred to in another it is incorporated,
which means it forms part of the other document. Thus a reference to a company
policy, collective agreement or employee handbook will incorporate that
document into the contract or the offer letter, provided the wording makes this
clear. Incorporated terms are express terms so it is very important to be clear
in the contract exactly what is incorporated. If, for example, the contract
refers to a company handbook, a tribunal may view the entire handbook as
contractual. It would therefore be sensible to indicate in the handbook exactly
which parts are incorporated into the contract of employment and which are not.
Although collective agreements are not usually legally binding, the terms they
contain can become legally binding as between the employer and the employee if
the agreement is incorporated into the contract of employment. It is important
to make sure that the wording of an incorporated document does not conflict
with the contract, as this could lead to a dispute.
What are the risks of offering discretionary terms?
When are implied terms important?
Can an employer require its employees to give more notice to terminate their contracts than it is required to give?
If an employee receives a payment in lieu of notice, will his or her annual leave entitlement accrue up to the termination date, or the end of the notice period?
Is an employer liable for offensive and/or potentially discriminatory material or comments posted on its intranet bulletin board?
What contractual terms will exist between an employer and its employees with regard to health and safety?
Can an employer require employees to live within a certain distance of the workplace?
Where an employer has provided employees with a Christmas hamper in previous years is it under any obligation to continue this practice?
Where an employee is put on garden leave, is the employer entitled to ask the employee to return his or her company car and mobile phone?
Where the transferor paid a particular mileage rate to transferred employees, is the transferee obliged to continue to pay them at this rate even though it is higher than its normal rate?
If an employer's business is closed because of, for example, flooding, is it obliged to pay its employees?
Where an employee who lives in employer-provided accommodation becomes pregnant must the employer permit her to continue to live there after the birth?
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