Employment contract questions...
Discussion
Afternoon All,
So I have left the comfort of the Navy and joined the real world, looking at my contract there is one section that I simply don't understand, and employment gurus able to translate in to lay mans terms:
18. Severability
The various provisions of this Agreement are severable, and if any provision or identifiable part thereof is held to be invalid or unenforceable by any court of competent jurisdiction then such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions or identifiable parts.
The contract mentions that the "Grievance" and "Disciplinary" procedures are available on request from Mrs XXX (Finance Director) Should they be provided or held some where accessible?
Thanks in advance.
So I have left the comfort of the Navy and joined the real world, looking at my contract there is one section that I simply don't understand, and employment gurus able to translate in to lay mans terms:
18. Severability
The various provisions of this Agreement are severable, and if any provision or identifiable part thereof is held to be invalid or unenforceable by any court of competent jurisdiction then such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions or identifiable parts.
The contract mentions that the "Grievance" and "Disciplinary" procedures are available on request from Mrs XXX (Finance Director) Should they be provided or held some where accessible?
Thanks in advance.
I understand that if any single part of the contract is found to be non enforceable by a court then that would not automatically invalidate the other parts of the contract.
Disciplinary (and other) procedures are often kept separate (and just referenced) from employment contracts so that they can be updated without changing the contract. You would be within your rights to request a copy before signing, but remember they can be changed at any point in the future.
Disciplinary (and other) procedures are often kept separate (and just referenced) from employment contracts so that they can be updated without changing the contract. You would be within your rights to request a copy before signing, but remember they can be changed at any point in the future.
It's basically saying that if one part of the contract turns out to be unenforcable (i.e. it's illegal, or challenged in court and they lose), then that doesn't impact any other part of the contract.
I.e. if the contract is broken down into ten parts and it turns out one of those parts is illegal (you cannot wear red for six months), then the other nine parts still stand.
I.e. if the contract is broken down into ten parts and it turns out one of those parts is illegal (you cannot wear red for six months), then the other nine parts still stand.
The severability clause is there so that if any part of the employment contract was found to be invalid for some reason (eg. A requirement in it did not comply with a law) then the rest of the contract remains valid.
On the policies, that is odd. Normally you’d expect them to be available. Eg On a company intranet if it had one. It could be that they do this so they have notice if there’s an issue because you have to ask for them.
Not sure if there is any legal requirement to provide them. Hopefully an employment lawyer will comment
On the policies, that is odd. Normally you’d expect them to be available. Eg On a company intranet if it had one. It could be that they do this so they have notice if there’s an issue because you have to ask for them.
Not sure if there is any legal requirement to provide them. Hopefully an employment lawyer will comment
Government website said:
“By law employers must set out a grievance procedure and share it in writing with all employees, eg in their statement of employment or staff handbook. It must include:
who the employee should contact about a grievance
how to contact this person
It should also:
say that if the problem can’t be resolved informally, there will be a meeting with the employee, called a grievance hearing
set out time limits for each stage of the process
identify who to contact if the normal contact person is involved in the grievance
explain how to appeal a grievance decision
state that employees can be accompanied in any meetings by a colleague or union representative
outline what happens if a grievance is raised during disciplinary action
You don’t have to include information about the grievance procedure in employment contracts. However, if you do, you must follow the procedure, or the employee could bring a breach of contract claim against you.”
“By law employers must set out a grievance procedure and share it in writing with all employees, eg in their statement of employment or staff handbook. It must include:
who the employee should contact about a grievance
how to contact this person
It should also:
say that if the problem can’t be resolved informally, there will be a meeting with the employee, called a grievance hearing
set out time limits for each stage of the process
identify who to contact if the normal contact person is involved in the grievance
explain how to appeal a grievance decision
state that employees can be accompanied in any meetings by a colleague or union representative
outline what happens if a grievance is raised during disciplinary action
You don’t have to include information about the grievance procedure in employment contracts. However, if you do, you must follow the procedure, or the employee could bring a breach of contract claim against you.”
As others have said, translated it simply means if any clause or provision in the contract is invalid it does not mean the rest of the contract of employment is invalid.
In terms of a Grievance policy there should be a handbook, whether physical or electronic which you have access to. I would expect it to state the Grievance Policy is non-contractual too..
In terms of a Grievance policy there should be a handbook, whether physical or electronic which you have access to. I would expect it to state the Grievance Policy is non-contractual too..
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