Every document below has been drafted by Blackwell Advisory for the post-ERA 2025 framework. Each clause is cited to the relevant section of the Employment Rights Act 2025, the Employment Rights Act 1996 as amended, or the ACAS Code of Practice. Documents are grouped by where in the employment lifecycle they apply.
Hiring
Bringing someone in
The three documents an employer needs for every new hire. The offer letter is the pre-contract that sets out what the employee is being asked to accept. The employment contract is the binding agreement that governs the relationship. The zero-hours contract is for casual or variable-hours work — now a separately regulated category under ERA 2025. Each document establishes obligations that are difficult to vary later without the employee's agreement.
Employment Offer Letter
The first contractual document with a new employee. Sets out the role, salary, notice period, probation period, and the terms that the formal employment contract will follow. Sent and accepted before the employee resigns their existing role.
- ✓Compliant with the Employment Rights Act 2025 day-one rights framework
- ✓Probation period and notice provisions correctly stated
- ✓Bridges cleanly to the full employment contract
Why it matters: Mistakes in an offer letter are difficult and sometimes impossible to vary later without further consideration. A silent notice period defaults to statutory minimums. An unstated probation period may not be enforceable. A salary figure that turns out to exclude pension contributions creates a dispute on day one. The offer letter is also the document the employee relies on if they resign their existing role — which means it's the document that determines liability if the offer is withdrawn before they start.
See the Employment Offer Letter →
Employment Contract
The binding employment agreement, drafted to the post-ERA 2025 statutory framework. Covers role, hours, pay, holiday, sickness, notice, confidentiality, post-termination restrictions, and the policy framework the employment relationship operates within.
- ✓Day-one rights regime correctly reflected throughout
- ✓Probation period framework drafted for the post-ERA dismissal protections
- ✓Restrictive covenants tested against the post-Tillman v Egon Zehnder doctrine
Why it matters: Most pre-ERA employment contracts misstate the law on probation, day-one rights, and the relationship between the contract and the disciplinary policy. A contract that says probation can be extended at the employer's discretion may not be enforceable; a contract that purports to give the employer the right to dismiss without process during probation almost certainly isn't. The contract is the document a tribunal will look at first if the employment ends in dispute — every line in it matters.
See the Employment Contract →
Zero Hours Contract
The contract for genuinely casual or variable-hours work. Now a separately regulated category under ERA 2025, with statutory rights to predictable hours after a qualifying period and protection against exclusivity clauses.
- ✓Predictable hours request framework built into the contract
- ✓No exclusivity clauses — unenforceable under section 27A of the Employment Rights Act 1996 as amended
- ✓Clear demarcation between worker and employee status
Why it matters: A zero-hours contract that doesn't acknowledge the post-ERA predictable-hours regime exposes the employer to claims from any worker who has performed regular hours for at least twelve weeks. A contract that includes an exclusivity clause — once common in retail and hospitality — is not just unenforceable, it can trigger statutory penalties. The framework for casual work moved more in 2025 than in the previous two decades; templates that haven't been updated are now actively risky.
See the Zero Hours Contract →
Managing
Running the relationship
The policies that govern day-to-day employment — the rulebook that the contract refers to. Most employer-side disputes at tribunal turn on whether the employer followed its own policy. The policies need to be clear, lawful, and actually followed.
Disciplinary Policy
The framework for handling misconduct and performance issues. Sets out the investigation, hearing, and appeal stages, the categories of conduct that justify formal action, and the sanctions available at each stage. Aligned to the ACAS Code of Practice on Disciplinary and Grievance Procedures.
- ✓Investigation, hearing, and appeal stages clearly delineated
- ✓Aligned to ACAS Code of Practice — unreasonable failure to follow it can attract a 25% tribunal uplift
- ✓Categories of misconduct and corresponding sanctions set out explicitly
Why it matters: Almost every unfair dismissal claim turns not on whether the misconduct happened but on whether the employer followed a fair process. A disciplinary policy that doesn't reflect ACAS Code requirements, or that the employer doesn't actually follow, materially worsens the position at tribunal. The policy is also the document the tribunal will use to test whether the dismissal fell within the range of reasonable responses — making it the foundation of every dismissal defence.
See the Disciplinary Policy →
Flexible Working Policy
The policy governing how flexible working requests are received, considered, and responded to. Now a day-one right under ERA 2025, with statutory grounds for refusal and a statutory response window.
- ✓Day-one right framework — no qualifying period
- ✓Statutory grounds for refusal applied correctly
- ✓Two-month response window with extension provisions
Why it matters: ERA 2025 made flexible working a day-one right. Any policy still referencing the previous 26-week qualifying period is wrong on its face. Refusing a flexible working request on grounds outside the statutory eight is unlawful and can lead directly to a constructive dismissal or discrimination claim. The cost of a defective flexible working policy is paid in tribunal awards by the employers who didn't update it.
See the Flexible Working Policy →
Ending
When the relationship ends
The documents that close an employment relationship — by termination, by negotiation, or by reference. Each carries significant legal weight. The decisions made here drive the majority of employment tribunal claims, and the documents are where those claims succeed or fail.
Settlement Agreement
The agreement by which an employment relationship is ended by negotiation, with the employee waiving statutory and contractual claims in exchange for an agreed settlement payment. Requires the employee to take independent legal advice before signing.
- ✓All standard statutory claim waivers included and correctly worded
- ✓Tax treatment of settlement payment structured cleanly
- ✓Confidentiality, non-derogation, and reference provisions
Why it matters: A settlement agreement is the cleanest way to end a difficult employment relationship — but only if it's drafted to be enforceable. Wavers that don't identify the specific claims being settled may not bind. Settlement payments structured incorrectly attract income tax and NIC liability the employer didn't budget for. ERA 2025 made changes to which claims can be settled and on what terms; pre-ERA settlement templates may settle claims that no longer exist while failing to settle claims that now do. Read the full settlement agreements guide before drafting.
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