Miscellaneous

There are specific rules in place in relation to employing children. These largely relate to special provisions on limiting working time and providing adequate rest. For further information, see:

M14: Guidance Note: employing children and young workers

Settlement agreements can be a very effective way of managing exits from the business, whilst also managing the risks involved. By offering a settlement agreement to an employee you are effectively buying off the risk of a claim. A settlement agreement can also a useful way to bind exiting employees to additional provisions on confidentiality and post termination restrictions, where necessary.

Employers need to be very careful when discussing potential settlement with employees, as a poorly managed conversation can in itself trigger claims. For further information on how to conduct these conversations, please see:

M9: Guidance on holding protected conversations

In order for settlement agreements to be binding it is essential that the document is properly drafted and sets out the agreement between the parties accurately. A settlement agreement that does not comply with the legislative requirements is very unlikely to be enforceable. Please speak to your advisor about drafting an agreement for you.

In order to put together the settlement agreement your advisor will require certain information from you. Please complete Settlement Agreement questionnaire which sets out all of the relevant information required.

It is not up to the employer to “accept” an employee’s resignation, or otherwise- it is up to the individual to resign and inform the employer that this is the case. However, a resignation should be acknowledged by the employer and a letter confirming arrangements should be sent to the employee. For a letter acknowledging a resignation please see:

M2: Letter acknowledging resignation

The Working Time Regulations imposes strict limits on working time in relation to minimum rest periods, rest breaks, holidays and limiting working time. There is restricted ability for employers to validly exceed these limits, however employers are able to ask their workers to opt out of the 48 hour maximum working week by getting them to sign an opt out agreement.

There are significant penalties for employers who do not observe the 48 hour maximum working week and who do not have opt out agreements in place. Therefore, where there is a possibility that a worker may exceed a 48 hour maximum working week then it is crucial that an opt out agreement is put in place. See, Working Time Regulations: 48 hour opt out agreement in the document section. However, employers should also be mindful of not subjecting employees to a detriment for agreeing to the opt out, or withdrawing their consent to this.