A standard disciplinary appeals letter confirming the outcome of a disciplinary appeal hearing.
The letter sets out the outcome of the appeal, the reasons for the decision, and the fact that the employee has no further right of appeal.
The letter can be used for appeals against warnings given to employees and also appeals raised by employees that have been dismissed.
This letter is not appropriate for use in cases where the original reason for dismissal was on capability or poor performance grounds.
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Types of employment law document
We supply both contractual documentation and other legal documentation to employers. The documentation is designed to assist businesses employing staff to comply with employment law, reduce the legal risks associated with employer-employee relationships, and structure those relationships in a clear and conventional manner.
The contractual documentation includes a range of employment contracts and an executive directorship contract. The other documents include a selection of employment policy documents, a staff handbook combining all of those policies, and a set of letter templates.
All of these templates have been designed to help employers comply with the law applicable in England and Wales. They are not suitable for use outside England and Wales, at least without prior review and adaptation by an employment lawyer qualified in the relevant jurisdiction or jurisdictions or other appropriately skilled professional.
Which Intellectual Property Licence?
The choice here is simple: the copyright licence can be used for licensing rights in copyright works, and the trade mark licence can be used for licensing the use of trade marks. These licences are unsuitable for use in relation to other forms of intellectual property, at least without heavy adaptation.
Key Sections of IP LicencesTerm
When does the intellectual property licence start? Does it need to be back-dated, or to commence at some point in the future? How long does the licence continue for? Does it continue for the full term of the rights?
In English contract law, consideration is an essential part of the formation of a contract. The consideration for one party's actions and/or undertakings under a contract is ... the other party's actions and/or undertakings.
Where there is no consideration, then a contract cannot be formed (although intellectual property rights may still be the subject of a bare licence or licensed by deed).
Both of these intellectual property licence documents assume that there will be consideration. Nominal consideration (e.g. £1) can be included if there is no "real" exchange of value.
The copyright licence document includes an optional provision allowing for consideration by way of royalty.
Grant or licence of rights
What rights does the licensor grant to the licensee? What is the geographical scope of the grant? Are there any express restrictions on the exercise of those rights? Do any particular pre-conditions need to be met before the rights can be exercised? Is the grant of rights exclusive? And is the licensee entitled to sub-license the rights?
These are the sorts of questions that must be carefully considered in drafting the licence provision. An inadequate licence may leave the licensee unable to exploit the rights as planned, or risking infringement proceeding. An over-broad licence (especially if exclusive) may reduce the value of the retained rights and leave the licensor unable to exploit the retained rights.
Which intellectual property assignment?
We supply five different intellectual property assignment templates.
The choice of intellectual property assignment is straightforward. If you want to assign the rights in one or more copyright works, use the assignment of copyright template; if you want to assign the rights in one or more registered or unregistered trade marks, use the assignment of trade marks template; and if you want to assign a mixed bag of intellectual property rights, use the assignment of IP template.
The assignments of rights specific to software and websites are lightly adapted versions of the assignment of copyright.
Key provisions of IP assignments
Assignments can be amongst the most straightforward of commercial legal documents. The most important clause will usually be the one that gives effect to the assignment itself.
Although the concept of an assignment is simple, you do need to decide exactly what it is that you will be assigning. These templates distinguish between registered rights, which are identified by reference to their registration details, and unregistered rights, which are identified by reference to the work or other thing in which the right subsists.
You will need to decide whether you are assigning "all rights" in the relevant subject matter, or only those rights that the assignor actually owns. In effect, a reference to "all rights" constitutes and assurance that the assignor does actually own all the rights. This can be made explicit by assigning the rights "with full title guarantee" or including a warranty to the same effect.
Assignments should also state clearly whether they carry with them the right to bring proceedings in respect of infringements that pre-date the assignment, and whether they cover rights that are not yet in existence. There is no problem under English law with assignments of future rights: but it should be clear whether this is the intention.
"Further assurance" clauses in intellectual property rights assignments are designed to help assure the assignee that there the assignment will not be prejudiced or defeated by any technical or procedural rules concerning the transfer of the relevant rights.
The clause included in these assigments states that the assignor "agrees to execute (and arrange for the execution of) any documents and do (and arrange for the doing of) any things reasonably within the Assignor’s power, which are necessary to enable the Assignee to exercise its rights under this Assignment".