Second Language Legal English
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The basic employment contract may be downloaded here. It is the same document that was used in the previous lesson.
In the previous lesson, we looked at the verbs used to govern the conduct of the parties; the employer and the employee. In this lesson, I will take you through some of the phrases used. They are commonly used in contracts and regular communications between lawyers so they are useful for you to understand and use.
Words about time
The contract uses two phrases that appear similar but are used differently. They are from time to time and at any time.
2.3 We may from time to time change your Manager and, if we do, you will be notified in writing.
2.1. You will be employed as a software engineer or in such other capacity as we may from time to time reasonably direct.
13.1 We may end your employment at any time by giving you one month's written notice
8.3 We may, at any time during your employment, require you to undergo a medical examination.
And this paragraph has both:
10.1 The [pension] scheme is subject to its rules as may be amended from time to time and we may replace the scheme with another pension scheme at any time.
In the first example given, paragraph 2.3, the contract tells the employer that the Manager is David Mattheson, but the identity of the manager may change-
occasionally
sometimes
now and then
at times
on occasion
once in a while
every now and then
every so often, or
infrequently.
From time to time is more formal and so is used in legal documents. Using the words in the list in conversation and informal correspondence is acceptable. The word may be used both to indicate the possibility of change and show that, for example, the employer is authorised to change the terms of the pension scheme in the future.
The words at any time are used in everyday English to speak of a future event that may happen, but no one knows when.
The Covid virus is everywhere and anyone may be infected at any time.
In more formal terms, the words indicate that something may happen when someone decides to do something.
Students may hand in their assignment at any time before 31 June.
The contract uses the phrase more formally to show that the employer or the employee is authorised to do something when they choose.
So, the employer may:
require the employee to undergo a medical examination (paragraph 8.3)
replace the pension scheme with another (paragraph 10.1)
end the employee's contract (paragraph 13.1)
at any time they choose during the employment contract.
Reserve the right
7.6. We reserve the right to require you to take holidays on particular dates
8.3 We reserve the right to postpone your return to work after a period of absence until we have received confirmation ... that you are fit to do so.
16. We reserve the right to make reasonable changes to any of your terms and conditions of employment.
To reserve means to keep or retain for future use, and to reserve the right means the employer is making it a contract term that they have the ability to:
tell an employee when to take a holiday
direct when to return to work after an absence through illness
change the employment contract.
It would be equally accurate to say We retain the right or We have the right, or even We may make reasonable changes to any of your terms and conditions of employment. It makes no difference, but lawyers like to use We reserve the right to draw attention to some significant powers. For example, it is essential to notify an employee of the right to change the employment contract, and the words We reserve the right brings it to their attention.
What does reasonable mean?
This short contract refers to what may be reasonable thirteen times. For example:
an employee must obey all reasonable instructions (paragraph 2.4.2)
all reasonable travel and hotel expenses will be repaid (paragraph 11)
the employer may make reasonable changes to the employment contract (paragraph 16).
In a general sense, reasonable means what is fair, acceptable and proper, but who decides whether reasonable notice was given (paragraph 7.8) or a new place of work was reasonably required (paragraph 2.2)?
A contract cannot always provide for every situation, and some decisions are to be made by employers and managers day by day. The contract similarly uses other words:
the Probationary Period must be completed to the employer's satisfaction (paragraph 3.3)
the Manager has the discretion (the freedom and power to decide) to allow untaken leave to be carried over into the following year (paragraph 7.4)
the Employer has sole (not shared with anyone else) and absolute(unlimited) discretion to end a person's employment (paragraph 13.3)
an employee must use best endeavours to prevent confidential information from being given to anyone outside of the business (paragraph 14.3.1).
Remember that this is a simple employment contract that may be best suited for use in a small business. A large employer may be able to draw up a more complex contract or one that adopts a suite of documents that give greater detail of employment rights and duties. This newsletter is about language and how to use words that allow decisions to be made by the employer and employee without strict or extensive written rules or guidelines.
Some unusual words
Garden leave (in paragraphs 7.4 and 13.4). A period of time after an employee leaves a job when they continue to be paid but are not allowed to go to work or to begin a new job and sometimes called gardening leave.
In lieu of (in paragraphs 5.4, 7.3, 7.4, 7.7, 7.8, 13.2, 13.3.1 and 13.3). Taken from the French word meaning 'place' (and pronounced loo), it describes one thing being given, or taken, in place of another. An employee may take money in place of unused holiday or one day off work in place of another.
Summary dismissal (paragraphs 7.8 and 13.2). Dismissal is the ending of a contract of employment. Summary means instant, taking place immediately and without warning. It is permitted if the employee is guilty of gross (seriously bad) misconduct (behaviour).
Word groups with the word employ
William Gates is employed in the computer industry
William Gates is employed as a software engineer
William Gates is employed to work as a software engineer
William Gates is employed by Graham Gover Limited
William Gates is employed on an open-ended employment contract