questionnaire by shitingting

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									    EMPLOYMENT BASIC CONTRACT
          QUESTIONNAIRE




42 Victoria Road, Farnborough, Hants GU14 7PG
     Tel: 01252 316316 Fax: 01252 328312
          email: sh@wheelerslaw.co.uk
           web: www.wheelerslaw.co.uk
                                           INTRODUCTION

This questionnaire has been designed to enable you to provide us with all the information we
need to complete your basic contract (Section A) and to offer you further information about
additional clauses or documents that may be of benefit to you (Sections B and C). Whilst
this is not designed for senior management and directors it is a comprehensive contract
which includes important clauses such as confidentiality provisions. You will also receive a
letter explaining its terms and Disciplinary and Grievance Procedures, along with
accompanying guidance.

SECTION A: CONTRACT OF EMPLOYMENT – INFORMATION REQUIRED FROM YOU

You should complete this section if you require us to draft a contract of employment for a
particular employee and/or group of employees with the same terms. If contractual terms
differ between groups of employees for whom you have asked us to draft contracts, you may
ask us to draft separate basic contracts. For example, you may choose to have a basic
contract for all general administrative staff and a different contract for factory floor staff.

Please note this contract is not suitable for:

     (1) Fixed term, shift or home workers

     (2) Senior employees/or directors

     (3) Contractors

     (4) Sales roles

     (5) Non-standard hours or unusual employment practices

If you need a contract suitable for one or more of the categories listed above please
complete the questionnaire as normal but make clear in an accompanying note on returning
the questionnaire which category of employee you wish the contract to be adapted for, and
any special terms you wish to apply.

When you have completed this questionnaire, please return it by email to Simona Hamblet
(sh@wheelerslaw.co.uk) or Mel McCrum (mm@wheelerslaw.co.uk) by fax to 01252 328312
or, alternatively, post to 42 Victoria Road, Farnborough, GU14 7PG. Once we receive your
completed questionnaire we will contact you to give you an indication of the costs involved.

CONTRACT OF EMPLOYMENT (BASIC)

1.     Business Type:
Please tick the appropriate box:                Limited company
                                                Partnership
                                                Sole Trader
                                                Other (please provide details below)

2.     Contact Details
Postal address:




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If your business is a limited company and the address provided above is not the registered
office, please provide the address here:




Tel: (Switchboard)
Direct dial:
Fax:
Email:
Website:

3.     Name of person responsible for HR:
Their actual job title:
Their email address:

4.     Average turnover (£millions):
Please tick the box which best represents the average annual turnover of your business:
 up to 1           1-5          6-10         11-50      51-250        over 250

Commencement/duration of employment (If more than one, please list accordingly and
continue on a separate page if necessary)

(a)      When will/did the employee start work?

(b)      (i)    Does the employee have any continuity of  Yes                      No
                employment with a previous employer, ie, via TUPE
                transfer?

         (ii)   If yes, when did that start?

Probationary period

(a)      Do you want the employee to serve a probationary period?      Yes         No

         If yes, how long do you want it to be?           1 month     3 months    6 months

(b)      Do you want a shorter notice period to apply during the  Yes              No
         probationary period? If so:

         By the employer                                  1 week      2 weeks     3 weeks

         By the employee                                  1 week      2 weeks     3 weeks

Job title and duties

(a)      What will be the employee’s job title?

(b)      Do you already have or will you have a job description?       Yes         No


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Place of work

Where is the employee’s principal place of work to be? (please provide the full address)




Pay

(a)    Annual salary:                                                 £             per annum

(b)    Frequency of payment:                                           Weekly          Monthly

(c)    Payment date:             Friday of each week               Last Friday of each month
                                 Last working day of each month    Other

       If other, please provide details here:



(d)    What is the method of payment?  Cash  Cheque  BACS  Other

(e)    Are salaries reviewed annually?                                 Yes             No

(f)    Will the employee be required to work overtime?                 Yes             No

       If yes, please provide details here:




(g)    If so, please provide details here, together with rates of pay and who may authorise this:




(h)    If the employee is not to be paid for overtime, will he/she     Yes             No
       be given time off in lieu?

(i)    Is the employee expected to work more than 48 hours per  Yes                    No
       week on average?

Hours of work

(a)    Is the position full or part-time?                              Full-time       Part-time

(b)    If part-time, please state for comparison purposes the [           ] hours
       number of hours worked by equivalent full-time employee

(c)    How many hours will the employee work each week?               [   ] hours

(d)    What days and times will the employee work each week?

(e)    How long will the employee have for lunch?



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(f)    Is lunch to be taken at any specific time?                      Yes             No

       If yes, please provide times here:

(g)    Is lunch/break paid or unpaid?                                  Paid            Unpaid

(h)    Are there any other set breaks?                                 Yes             No

       If yes, please provide details here:

Holiday and holiday pay

(a)    How much holiday entitlement will the employee be given?       [ ] days

(Please note that the law requires 28 days holiday be given as a minimum to full-time workers.
It can include bank and public holidays)

(b)     Is the above holiday entitlement to be given in addition to  Yes               No
        Statutory Days (ie Bank Holidays, Christmas Day etc)?

(c)     Which holiday year would you prefer?         Calendar Year
                                                     Other (please provide details)

(d)     Are any particular rules in place for requesting holiday?      Yes             No

        If yes, please give details here, to include:
        (1) notice requirements to take holiday, eg,, 5 days
        (2) holiday not to be taken on certain days, eg, Christmas
        (3) to whom should holiday requests be made within the company, ie, NAME/POSITION
        (4) limits to number of days taken, eg, 2 weeks in any one consecutive period

(e)     Can leave be carried forward to a following year?              Yes             No

(f)     Is there a limit to the number of days which may be carried  Yes               No
        forward?

        If yes, please give details here:                             [       ] days

(g)     Are employees required to take holiday at particular times  Yes                No
        (eg, during closure of business between Christmas & New
        Year)?

        If yes, please give details here:




Sickness and sick pay

(a)    By what time or how quickly should the employee notify the         :      am
       company of any absence due to sickness or ill-health?
                                                                      Within [   ] hours of their
                                                                      start time


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(b)    Who must they notify within the company (NAME/
       POSITION)

(c)    Do you have self-certification forms in place?              Yes          No

(d)    Do you pay Company Sick Pay (CSP) in addition to  Yes                    No
       Statutory Sick Pay (SSP)?

       If yes, please provide details here:




Termination and notice

(a)     How much notice will the employee be required to give the [ ] weeks     [ ] months
        company should she/he wish to resign?

(b)     How much notice will the company give should it wish to [ ] weeks       [ ] months
        terminate the employee’s employment?

Employment legislation requires the following minimum notice to be given by the employer:
One week’s notice to an employee who has been employed for more than one month but less
than two years; thereafter one week for each whole year of continuous employment of two
years or more but subject to a maximum of 12 weeks.
(NB: There is no corresponding minimum notice period for employees)

(c)      What is your normal retirement age?                               [ ] years

Disciplinary and grievance

It is a requirement to have a disciplinary and grievance procedure in place. A procedure for
both is included within the basic contract package. Please advise which levels of management
deal with the different levels of sanctions, first meetings and appeals i.e. only senior
management can dismiss and directors hear appeals:




Pension

(a)    Do you provide membership to an occupational or  Yes                     No
       stakeholder pension scheme?

       Please provide further details of the scheme and any contributions which the company
       and/or the employee are required to make:




Trade unions

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(a)        Do any employees belong to a trade union?                 Yes        No

           If yes, please provide details here:



(b)        Do you recognise the Trade Union for collective bargaining  Yes      No
           purposes?

Each of the aforementioned clauses will include additional detail for the better management
of employees.

We also include the following clauses (short) in your basic contract to cover:
      1.        Expenses
      2.        Company property
      3.        Confidential information
      4.        Data protection
      5.        Health and safety

Please use this space to provide any further information you wish to include:




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                                 SECTION B: ENHANCED PROVISIONS

This section has been designed to enable you to consider the basic contract further.

You should read through these questions to determine whether the basic contract will be
sufficient for your needs. If you require any of the following, then a bespoke contract or
additional documentation will be needed. Once we are in receipt of your completed
questionnaire we can discuss this further and provide a quote for the work.

GENERAL

(a)     Is the employee a director of the company?                   Yes          No

(b)     Is the employment for a fixed term?                          Yes          No

(c)     Is the employment a zero hours or other type of contract?    Yes          No

Pay (bonus/commission)

(a)    Does the company operate a bonus scheme or make  Yes                       No
       commission payments?

       If yes, please provide details including, where applicable, a copy of any existing
       documentation detailing the scheme.




Benefits

Will the employee be offered any of the following benefits?

(a)    Permanent health insurance                                    Yes          No

(b)    Private medical insurance                                     Yes          No

(c)    Private accident insurance                                    Yes          No

       If yes, will this be extended to include employee’s  Yes                   No
       spouse/partner and children?

(d)    Other                                                         Yes          No

       If yes, please provide details here:




Will the employee receive any of the following benefits?

(a)    Loans                                                         Yes          No

(b)    Season tickets                                                Yes          No


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(c)    Luncheon vouchers                                            Yes            No

(d)    Share options                                                Yes            No

(e)    Car parking                                                  Yes            No

(f)    Mobile telephone                                             Yes            No

(g)    Company car/allowance                                        Yes            No

(h)    Other                                                        Yes            No

       If yes, please provide details here:




Are there to be any restrictions in place?

(a)    Expenses                                                     Yes            No

(b)    Receipt of gifts                                             Yes            No

(c)    Entertainment                                                Yes            No

(d)    Other                                                        Yes            No

       If yes, please provide details here:




Place of work and mobility

A ‘mobility clause’ reserves to you the right to change an employee’s normal place of work.
Insisting an employee’s normal place of work is changed without such a clause would probably
be a breach of contract.
(NB: Even if you have a mobility clause this right must still be exercised reasonably. Please
discuss this with us if you are unsure of the benefits and implications of such a clause)

(a)    Do you need an enhanced mobility clause?                     Yes            No

Do you want the clause to stipulate that the employee might be required to work:

(a)    A reasonable distance from the employee’s principal place  Yes              No
       of work

(b)    At client’s or customer’s address                            Yes            No

(c)    Anywhere in the UK                                           Yes            No

(d)    Anywhere in the world                                        Yes            No

Will the employee be required, as part of his/her job, to


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(a)    Travel within the UK?                                        Yes         No

(b)    Travel abroad?                                               Yes         No

(c)    Stay overnight on occasions?                                 Yes         No

(d)    Work from other offices?                                     Yes         No

(e)    Work for associated companies?                               Yes         No

Confidentiality

(a)    Do you need a confidentiality clause specifically tailored to  Yes       No
       your business and which prohibits the employee from
       disclosing specific trade secrets and confidential
       information whilst in your employment and after the
       employment ends?

Intellectual property

(a)    Do you require a clause protecting intellectual property  Yes            No
       rights?

Health and safety

(a)    Are there any specific health and safety issues particularly  Yes        No
       relevant to the employment?

Garden leave and restrictive covenants

A garden leave clause allows you to stipulate that an employee serves his/her notice at home
and that he/she be prevented from working and contacting clients.

A restrictive covenant restricts an employee after the termination of his/her employment.
He/she may be prevented from setting up in competition with you, for example, or prohibited
from soliciting, canvassing or dealing with clients of the business.

These are complicated issues and we advise that you discuss them with us further, if you want
these types of clauses included, to enable us to draft appropriately worded clauses for you.

Please tick the box as appropriate to indicate whether you wish     Yes         No
us to contact you to discuss these provisions.




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                        SECTION C – POLICIES/ADDITIONAL DOCUMENTS


                                           Policies A - £99 + VAT for any two

Telephone/Mobile Policy - this covers appropriate use of telephones and provides guidelines as to
the return of company property, ‘hands-free’ provisions, and others.

Smoking Policy - this covers locations of smoking permitted/not permitted, smoking breaks where
permitted and others.

Timekeeping Policy - this covers clocking procedures and set off.

Dress Code Policy - this is a basic policy which covers dress codes, uniforms and safety clothing.

Training Agreement - this allows an employer to recoup training costs from the employee in the
event of leaving/termination of employment.

Excess Hours Agreement (over 48 hours) - this allows employees to waive their rights to a 48-hour
week.

                                              Policies B - £99 + VAT each

Enhanced Disciplinary Policy - this is bespoke to the company’s disciplinary matters/policies and
offers additional guidance.
Sickness Absence Policy
Equal Opportunities
Anti Harassment & Bullying Policy
Maternity Policy
Paternity Policy
Adoption Leave Policy
Flexible Working Policy
Career Break Policy
Time off for Training Policy
Whistle-blowing Policy
Retirement Policy (Statutory)
Redundancy Policy
Stress Policy
Substance Misuse Policy
Other Absences Policy (Dependants/Jury Service/Bereavement)




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                                           Policies C - £130 + VAT each

Electronic Information and Communication Systems Policy – this covers the use of computers,
email and internet to include limits usage, inappropriate material and others.
Social Media Policy
Whistle-blowing Policy
Anti-Corruption and Bribery Policy
Drugs and Alcohol Policy
Health and Safety Policy
Car Use/Allowance Policy
Home-working Policy
Redundancy Policy

                                            Policies D – to be advised

Benefits Policy
Sales Bonus/Commission Policy
Retirement Policy
Other

Full standard handbook £1500 plus VAT


                  SECTION D: WHAT WOULD YOU LIKE US TO DO FOR YOU?

In this section you should tell us specifically what you would like us to do for you. This could
range from drafting the basic contract, conducting a complete audit of your current systems,
to drafting an employee handbook. Alternatively, if you would like to discuss your
requirements with us first before completing this form, please feel free to contact Simona
Hamblet on 01252 367517 or Mel McCrum on 01252 367523.

1.      Would you like us to review any of the following documents?
        Contracts of employment                                            Yes    No
        Staff Handbook                                                     Yes    No
        Policies/Procedures                                                Yes    No

If you have ticked ‘yes’ to any of the above, you must provide us with sample copies of each
document (quote to be provided).

2.      Would you like us to draft a contract of employment?  Yes                 No

Please tick the appropriate box which best describes the type of contract you would like.
             A basic contract of employment for a particular employee, or for a group of
              employees, or a category of employee £495 + VAT


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             An enhanced contract for a particular employee, or for a group of employees, or
              a category of employee (quote to be provided)
             Other (Please give details below)

3.     Would you like us to draft any of the following documents?

Policies A

Telephone/Mobile Policy                                                  Yes         No

Smoking Policy                                                           Yes         No

Timekeeping Policy                                                       Yes         No

Dress Code Policy                                                        Yes         No

Training Agreement                                                       Yes         No

Excess Hours Agreement (over 48 hours)                                   Yes         No

Policies B

Enhanced Disciplinary Policy.                                            Yes         No

Sickness Absence Policy                                                  Yes         No

Equal Opportunities Policy                                               Yes         No

Anti Harassment & Bullying Policy                                        Yes         No

Maternity Policy                                                         Yes         No

Paternity Policy                                                         Yes         No

Adoption Leave Policy                                                    Yes         No

Flexible Working Policy                                                  Yes         No

Career Break Policy                                                      Yes         No

Time off for Training Policy                                             Yes         No

Whistle-blowing Policy                                                   Yes         No

Retirement Policy                                                        Yes         No

Redundancy Policy                                                        Yes         No

Stress Policy                                                            Yes         No

Substance Misuse Policy                                                  Yes         No



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Other Absences Policy (Dependants/Jury Service/Bereavement)          Yes         No

Policies C

Enhanced Disciplinary Policy                                         Yes         No

Enhanced Grievance Policy                                            Yes         No

Equal Opportunities/Harassment Policy                                Yes         No

Work and Family Policy (Maternity/Paternity/ Adoption)               Yes         No

Other Absences Policy (Dependants/Jury Service/Bereavement)          Yes         No

Whistle-blowing Policy                                               Yes         No

Drugs and Alcohol Policy                                             Yes         No

Health and Safety Policy                                             Yes         No

Car Use/Allowance Policy                                             Yes         No

Policies D

Benefits policy                                                      Yes         No

Sales Bonus/Commission Policy                                        Yes         No

Other                                                                Yes         No

Full standard handbook £1500 plus VAT                                Yes         No

Want to keep abreast of employment law developments? If you would like to receive a
complimentary copy of our regular newsletter or e-mail updates of all employment law news as
soon as it breaks please tick one or both of the boxes below.

       Complimentary Newsletter                          E-mail updates




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