Employment Rights Act 1996: Primary legislation governing basic employment terms, notice periods, and unfair dismissal provisions. Essential for establishing fundamental employment rights and obligations in the executive offer letter.
Equality Act 2010: Covers prevention of discrimination, protected characteristics, and equal pay provisions. Must be considered to ensure the offer letter does not contain discriminatory terms and complies with equality requirements.
Companies Act 2006: Relevant for director duties and corporate governance requirements if the executive will serve as a company director. Defines statutory obligations and responsibilities.
Working Time Regulations 1998: Regulates working hours, holiday entitlement, and rest breaks. Though executives often have opt-out provisions, these regulations must still be addressed in the offer letter.
National Minimum Wage Act 1998: While less relevant for executive positions, still needs consideration as part of the overall compensation framework and statutory compliance.
Data Protection Act 2018 and UK GDPR: Governs personal data handling and privacy requirements. Relevant for specifying how the executive's personal information will be processed and stored.
Pension Schemes Act 2021: Covers pension arrangements and auto-enrollment requirements. Important for defining executive pension benefits and ensuring compliance with current pension legislation.
Financial Services and Markets Act 2000: Applicable if the role involves regulated activities, including requirements for FCA/PRA approval and regulatory compliance.
Common Law Duty of Confidentiality: Non-statutory obligation requiring inclusion of confidentiality provisions to protect company information and trade secrets.
Common Law Fiduciary Duties: Legal obligations of loyalty, good faith, and acting in the company's best interests that should be referenced in the offer letter for executive positions.
Common Law Restrictive Covenants: Post-employment restrictions including non-compete and non-solicitation clauses, which must be carefully drafted to ensure enforceability under English law.
