1. Do all employees have a contract of employment, or statement of key terms and have these been reviewed/updated since 1 October 2004?

2. Is there inherent flexibility within the contracts of employment or statements of main terms and conditions?
a. Hours of work
b. Mobility clause
c. Pay/performance reviews
d. Garden leave
e. Restrictive Covenants

3. Do you have up to date policies/procedures in the following areas?
a. Equal Opportunities and Discrimination
b. Health and Safety
c. Sickness and Absence
d. Maternity/Paternity and Parental Rights
e. Discipline and Grievance
f. Termination (including retirement)
g. Data Protection

4. Is your disciplinary procedure consistent with the principles of the ACAS code of conduct and the new Dispute Resolution Regulations which came into force on 1 October 2004?

5. Have you updated your recruitment procedures, retirement policies and contracts of employment to ensure compliance with the Age Discrimination legislation which is to come into force in 2006?

6. Have you adapted your recruitment procedures to protect you from prosecution under the Asylum & Immigration Act 1996 and the Immigration (Restrictions on Employment) Order 2004?

7. Have line managers had training in procedures necessary to their role?

8. Do you have forms/precedents/records that are consistent with points 1, 2, 3, 4, 5, and 6 above?

9. Are you confident that you could prove your compliance with the National Minimum Wage?

10. Are you aware of and complying with the Working Time Regulations?

11. Do you hesitate to seek legal advice because of cost concerns?

If you have answered "NO" or "DON'T KNOW" to any of the questions 1 to 10, or "YES" to question 11, you have potential problems and may be vulnerable to Tribunal claims. Our Employment Team will be pleased to meet with you, on a no obligation basis, to discuss your individual needs and how we might bring your policies and procedures up to date and ensure that you are complying with current employment law. Please do not hesitate to contact our Employment Partner Dan Chapman on (01603) 610911 to arrange a meeting.

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