ngsu regional councils – feb/mar 2014 employment contracts nationwide group staff union

NGSU Regional Councils – Feb/Mar 2014

Employment ContractsEmployment Contracts

Nationwide Group Staff Union


AgendaAgenda

• Overview of Contracts

• Employment Rights

• Contract Types at NBS

• Terms and Conditions

• Example of a Contract

For information only – not legal advice!


Employment ContractsEmployment Contracts

• An agreement that sets out an employee’s:– terms & conditions– duties & responsibilities

• A contract can be:– written– verbal– based on Custom and Practice


Contract TermsContract Terms

• Contracts consist of:– Express terms

• written into the contract, a staff handbook or collective agreement

– Implied terms• assumed to exist because of the relationship

between employer and employee • mutual trust and confidence

– Custom and Practice• a form of implied term based on what actually

happens in the workplace– Incorporated terms

• added or amended by a ‘collective agreement’


Employment RightsEmployment Rights

Contracts include– Statutory Rights

• legal minimum• void without them

– Enhanced terms• exceed statutory minimums• e.g. redundancy terms

– Custom and Practice• Reflect normal or regular practice



• The entitlement to statutory rights depends on employment status– Employee– regular work; told what to do; covered by policies; employer

deducts tax & NI; can’t send substitute; equipment provided

– Worker – no obligation to work; described as casual or as required (zero-

hours); expected to carry out the work; tax & NI deducted; equipment provided

– Self-Employed– Submits invoices for work done; pays own tax & NI; can hire in

help; no direct supervision; provides own equipment


Employment RightsEmployment RightsAnti-discrimination

Health & Safety

Equal Pay

Agency Worker Conduct Regs

Unfair Dismissal

Statutory redundancy pay

Right to request flexible working

Maternity, paternity and adoption leave

Paid time off for TU activity

Statutory notice

Equal treatment for fixed-term contract staff

Rights for Employees

Rights for Workers

Whistleblowing

Blacklisting

Right to be Accompanied

48-hour working time limit

Statutory breaks and Statutory paid holidays

Protection from detriment for TU activities

Unlawful deductions from pay

National Minimum Wage

Equal treatment of agency workers

Rights for the Self EmployedSource: TUC Workplace manual



• Employees have a right to written statement of terms and conditions within two months of starting– can be a letter of appointment, contract or

separate statement

• Time Limits– first day rights (Discrimination/H&S)– 26 weeks rights (Paternity Leave)– Two year rights (Unfair

dismissal/Redundancy)


Changes to ContractChanges to Contract

• Contracts can be changed by– Agreement between employer and

employee– By collective agreement

(incorporation)– Notice and re-hire

• Breach of Contract– Tribunal (resigned or dismissed)– County Court (still employed)



• European Directives– Part-Time Workers– Fixed-Term Workers– Working Time Directive

• UK Law and Regulations– Employment Rights Act– Equality Act

• Case Law– USDAW v Ethel Austin Ltd


Contract Types at NBSContract Types at NBS

• Several Contract Types– Branch Network Contract– 9to5 Contract– 8to8 Contract– 6to10 (Flexible) Contract– Shift Contract– SFC Contract

• Flexible Working Variations– Part-Time– Fixed-Term– Homeworking– Term Time– Job Share


Contract Types at NBSContract Types at NBS

• Contracts clauses vary over time!• 8to8 Working Hours (extract)

– From time to time, you may be required to change the hours and days you work in order to meet business needs. Reasonable notice will be given of this requirement. As far as possible, your personal circumstances will be taken into account when your working pattern and unpaid break is determined. This will be carried out by your line manager in consultation with you at appropriate intervals and will depend on the business needs. [2003]

– Your working pattern, which means the hours you work and the days on which you work, will be as advised by your manager. Your working pattern can be altered by the business to cover the hours of its operation. Changes to your working pattern may be for a temporary, longer term or permanent basis. The amount of notice you may receive for changes to your working pattern will vary in relation to the change required and circumstances involved. [2010]


Terms & ConditionsTerms & Conditions

• Statutory Rights

• Collective Agreement– Negotiation/Consultation– Harmonisation (Regional Brands)

• Contractual Terms– Key terms; other terms

• Policies and Procedures

• Discretionary Terms


Terms and ConditionsTerms and Conditions

• Key Documents– Letter of Appointment– Contract Employment– HR Policies– Contractual Terms Handbook– Recognition and Procedure

Agreement– Joint Statements– Letters of variation



• Recognition Agreement– NGSU sole TU for collective bargaining– Negotiable Items

• pay ranges; amount of money for distribution at pay review; hours in basic working week; holiday; location allowances; pension contributions and benefits; FPM bonus

– Dispute Process• ACAS• Binding Pendulum Arbitration

– Consultation• Mutually acceptable solutions



• New Employees– Introduce different terms

• Red-circling– London Allowances

• ‘Eventing’– An event that triggers a change of

contract type


Example ContractExample Contract

• Branch Network Contract

• 8to8 Contract

• Flexible Contract