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Provisional Contract Of Employment Template for England and Wales

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Key Requirements PROMPT example:

Provisional Contract Of Employment

"I need a Provisional Contract of Employment for a new software developer starting in March 2025, including remote working provisions and specific clauses about intellectual property rights for code developed during employment."

What is a Provisional Contract Of Employment?

The Provisional Contract of Employment is designed for situations where employers in England and Wales wish to establish a temporary or trial employment relationship before committing to permanent employment. This contract type is particularly useful for new roles, project-based work, or when evaluating employee suitability. It provides protection for both parties while maintaining flexibility during the initial employment period. The document must comply with UK employment law, including the Employment Rights Act 1996, Working Time Regulations, and Equality Act 2010. It typically includes detailed terms about duration, notice periods, responsibilities, and conditions for transition to permanent employment.

What sections should be included in a Provisional Contract Of Employment?

1. Parties: Details of employer and employee

2. Background: Context of employment and nature of provisional status

3. Definitions: Key terms used throughout the contract

4. Job Title and Duties: Role description and main responsibilities

5. Commencement and Duration: Start date and length of provisional period

6. Remuneration: Salary, payment intervals, and review process

7. Hours of Work: Working hours, breaks, and overtime provisions

8. Holiday Entitlement: Annual leave and public holiday provisions

9. Sickness and Absence: Sick pay and absence reporting procedures

10. Notice Period: Notice requirements for termination

What sections are optional to include in a Provisional Contract Of Employment?

1. Probationary Period: Terms of probation period if applicable - use when implementing an initial trial period

2. Benefits: Additional benefits package details - use when offering benefits beyond statutory requirements

3. Pension Scheme: Details of pension arrangements - use when offering pension beyond auto-enrollment

4. Remote Working: Remote work policies and procedures - use when allowing work from home or hybrid arrangements

What schedules should be included in a Provisional Contract Of Employment?

1. Schedule 1: Job Description: Detailed breakdown of role responsibilities

2. Schedule 2: Company Policies: Key company policies and procedures

3. Appendix A: Benefits Package: Detailed breakdown of employment benefits

4. Appendix B: Reporting Structure: Organizational hierarchy and reporting lines

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶ÒõÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



























Clauses




























Industries

Employment Rights Act 1996: Core legislation covering basic employment rights, written statements of employment particulars, notice periods, and unfair dismissal provisions

Equality Act 2010: Comprehensive legislation addressing protection against discrimination, equal pay provisions, and requirements for reasonable accommodations

Working Time Regulations 1998: Regulations governing maximum weekly working hours, rest breaks, annual leave entitlement, and night work restrictions

National Minimum Wage Act 1998: Legislation establishing minimum wage requirements and payment calculations

Health and Safety at Work Act 1974: Framework for workplace safety obligations and responsibilities for both employees and employers

Data Protection Act 2018 and UK GDPR: Legislation governing employee data handling and privacy rights in the workplace

Pensions Act 2008: Requirements for pension auto-enrollment and scheme provisions

Part-time Workers Regulations 2000: Regulations preventing less favorable treatment of part-time workers compared to full-time workers

Fixed-term Employees Regulations 2002: Legislation ensuring fixed-term employees are not treated less favorably than permanent employees

Immigration, Asylum and Nationality Act 2006: Legislation setting out right to work requirements and employer obligations regarding work authorization

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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