Six Considerations - 6th Consideration

Six considerations - 5th Consideration

Six Considerations - 4th Consideration

Six considerations - 3rd Consideration

Six Considerations - 2nd consideration

Six Considerations - First Consideration

Six Considerations

Treatment:

1. We noticed that we regards to ICS Adherence there is comment 'not applicable', however, the patient is on ICS (please see section Management Options: Patients on inhaled steroid in combination with LABA), therefore, it seems inconsistent with the comment related to inhaled therapy outlined in the section Management Options.
2. So the question is: Is the patient actually on ICS?
3. Drug list is inconsistent with Management Options considerations.

<span style="color: green;">Legal Consideration: Signatures</span>

As part of this project we explored whether it would be possible for someone to sign this document on behalf of Livable Planet as a 'community' rather than as the 'legal employer'. As a general rule, a person can only sign on behalf of 'someone' else if they have the formal authority to do this (for example a power of attorney). Therefore, although it could be a nice symbolic gesture for there to be an additional signature block, this would not translate well from a legal perspective.

<span style="color: green;">Legal Consideration: Collective Agreements</span>

For context, these usualy relate to an employer's agreements with employees’ representatives (from trade unions or staff associations).

<span style="color: blue;">Policy Consideration: Governing Terms</span>

Amendment of these terms is much more involved legally, so instead we opt to make them as clear and legible as possible and to offer to explain them for anyone who would like to unpack these terms.

<span style="color: green;">Legal Consideration: Goodbye Fund</span>

References to the Goodbye Fund has been included in the purple box as it is not feasible for the Goodbye Fund to be a legally binding obligation (as it is dependent on the wider financial health of the organisation). However, where statutory redundancy pay is applicable, the Goodbye Fund (which also serves the function of statutory redundancy pay) will always meet statutory levels as a minimum.

<span style="color: blue;">Policy Consideration: Suspension with Pay</span>

This has been maintained in the contract to prioritise safety of the team, and enabling the Company to take measures that may be needed in extreme circumstances to do this. However, this would be a last resort and other methods would be explored before a suspension.

<span style="color: blue;">Policy Consideration: Clean Feedback Portal</span>

This is a portal of information dedicated to resources, training options, guidance, processes and support for providing feedback between colleagues in healthy, clean ways. This can be particularly important when the responsibility for feedback is distributed rather than centralised. Active training in relationships, feedback and power can be an important compliment to working in less centralised structures.

<span style="color: blue;">Policy Consideration: Resolution Infrastructure and Process</span>

This replaces the term 'Conflict Resolution' because it seeks to emphasise that actions should start much before a tension escalates into conflict. Rather than waiting for Conflict, the aim is to address tensions early and support resolutions with strong infrastructure of training, support and clear processes that are agreed upon by the whole.

<span style="color: green;">Legal Consideration: Confidential Information</span>

This clause has been included as most contracts that Livable Planet has signed (e.g. with funders) will include a confidentiality clause, and therefore contractually Livable Planet has contractually promised such organisations that their staff will keep confidential information confidential. There may be scenarios where certain information is not confidential and/or no confidentiality obligation exists - the 'written permission' caveat has been added to give Livable Planet and employees a process to ensure such information can be shared with others.

<span style="color: green;">Legal Consideration: Data and Privacy</span>

It is a legal requirement for the employer to have the consent of employees to use their data. Therefore a new joiner must be given their privacy notice as part of onboarding - this is on top of any privacy notice provided as part of the recruitment process.

<span style="color: blue;">Policy Consideration: Training Policy</span>

The specific training budget is not included in the contract here, in order to enable iteration over time.

<span style="color: green;">Legal Consideration: Training Requirements</span>

If training is "critical" to the role (i.e. it would be a condition of employment) this would legally have to be included in the contract, along with whether the organisation will pay for the training or if the employee must fund it themselves. In this scenario, the role does not require such training.

<span style="color: blue;">Policy Consideration: Sick Leave</span>

In this example, the provision for Sick Leave is extensive and partially dependent on an Employment Income Protection insurance scheme. There is risk that the insurance might not longer be possible, thus likely changing the nature of what can be provided. As such, the extended leave policy here is included in the policy page rather than embedded into the contract itself to enable more flexibility for change.

<span style="color: blue;">Policy Consideration: Considering Privacy</span>

We include flexibility in the process of who to notify and how, understanding that some may be comfortable and happy to openly explain illness, others may very much not. Whilst open working is encouraged, confidentiality is an option whenever it is needed, without pressure.

<span style="color: blue;">Policy Consideration: Benefits Policy</span>

We have intentionally left the Benefits policies out of the core contract in order to mitigate (high) financial risk in offering generous provision as a contractual obligation.

<span style="color: blue;">Policy Consideration: Pension Plan</span>

Actively encouraging team members to opt into ethical, green funds and providing proactive support for team members to select these options may form part of the onboarding process.

<span style="color: blue;">Policy Consideration: Iteration of Holiday Policy</span>

This is included to ensure that there are means by which this process can evolve and iterate over time with appropriate consent from the team.

<span style="color: green;">Legal Consideration: Introduction</span>

The language under this clause may appear to contradict the fact that Livable Planet operates an unlimited holiday policy. This language is needed because under English law, a leaver can be entitled to pay that is calculated by reference to any unused holiday, and therefore it needs to be clear that such payment is not calculated based on a whole year of 'unlimited' holiday leave.

<span style="color: blue;">Policy Consideration: Unlimited Holiday Policy</span>

The incorporation of a minimum holiday period, rather than a maximum, is to ensure that all team members are actively encouraged to take sufficient rest, particularly those who tend to prioritise the collective over their wellbeing (and thus are more likely to take too little holiday within an unlimited holiday structure). This clause can reinforced throughout other policy materials to help ensure that everyone rests to at least a minimum statutory standard.

<span style="color: blue;">Policy Consideration: Reimagining Pay</span>

For more approaches and options relating to pay structures, please see this Reimagining Pay Portal.

<span style="color: green;">Legal Consideration: Base Salary</span>

The Base Salary has been separate from Livable Planet's pay formula, which includes components that could lead to additional pay. This has been split out as these additional components are dependent on the financial health of Livable Planet and therefore cannot be legally binding (hence why this is only referred to in the non-contractual text box).

<span style="color: green;">Legal Consideration: Overtime Measures</span>

This language is included because the company runs an unlimited holiday policy - see clause 9 for further details.

<span style="color: blue;">Policy Consideration: Working Hours</span>

In this example Working Hours are not set, with some restrictions. This isn't always possible with public-facing work, but we include this here as an example of how employee autonomy can be centered, enabling employees wherever possible to do their work in the spaces and times that work for them, as long as collective needs are also met.

Other examples we see are in structuring a 4 day working week as part of the wider 4 day work week movement. Alternatively, for example, Huddlecraft uses a 9-day work fortnight:

“We are trialling a 9 day fortnight. This means that our hours are reduced from 40 to 36, and specifically that the whole team will take every other Friday off. So, in effect, alternating between a 40 hour week and a 32 hour week, to average a 36 hour week overall.

These hours are flexible, and you should arrange them in a way that works for you, and for the team. The team will generally work for eight hours each working day Monday to Friday, within the hours of 9.00 am and 6.00 pm. You will be required to be available for significant periods during these hours in order to attend meetings and work together.”

<span style="color: green;">Legal Consideration: Working Abroad</span>

Unfortunately, the disparate tax and legal systems of the world’s countries are yet to recognise, and facilitate, a ‘global citizen employee’ and there can be significant consequences for employer and personally for the employee in relation to unmanaged international remote working.

<span style="color: blue;">Policy Consideration: Remote-first Workplace</span>

This is an example from an organisation operating a remote-first set-up, where there are no core hours that are public-facing and no critical in-person team hours.

<span style="color: green;">Legal Consideration: Policies</span>

It is important to distinguish what wording in the document is intended to be legally binding. One way we have done this is to make it clear that the general rule is that policies are not part of the contract.

<span style="color: blue;">Policy Consideration: Declaring Opportunities</span>

This wording has been included to ensure there is fairness in relation to opportunities such as paid speaking events - see the purple box below for more information. It is not intended to stop individuals from working for other employers etc, which is why we have included reference to our Pathways Circle.

<span style="color: green;">Legal Consideration: Support Contact</span>

Whilst an organisation may intentionally not have a centralised 'human resources' department, it is important both from a legal and cultural perspective to ensure that employees feel able to raise any concerns or issues, and that they have people they feel able to talk to beyond those they work with. This is to ensure any issues can be understand and resolved as early as possible from a cultural perspective, but also to minimise people leaving the organisation on bad terms.

<span style="color: blue;">Policy Consideration: Support Contact vs Line Manager</span>

In this example, the company has tried to remove the fixed hierarchy that comes with a Line Management system and enable a more dynamic and fluid method of hierarchy via role cards.

There are also functions that Line Managers play outside of the content of the work, including holding review processes, supporting personal development, helping to resolve conflict, communicating company policies etc. These functions, in this example, have been distributed in different ways across roles in the systems in ways that aren't linked to promotion or concentrated in one person.

Providing Support during the initial stages is one of these functions and is structured here through a nominated Support Contact (normally someone in the direct team) who is a primary point of contact for that person to navigate the system as they settle in.

<span style="color: blue;">Policy Consideration: Role Cards</span>

For more information about the Role Cards system see the annotation on page 7.

As an alternative example, Civic Square structures their role relationships as follows:

We think about relationships within the ecology of our team as first, second and third order connections. We are moving towards becoming teams of teams, so your everyday may involve a smaller focused team; week-to-week some others, and further month-to-month connections with the wider team. In this particular role we foresee you working with these key people initially:

(a) Primary Connections [Primary connections]<br/> (b) Secondary Connections [Secondary connections]

The job description is co-developed over an initial period, which looks to define responsibilities individually and collectively, with the understanding that it is not a static process, and they hope to revisit this together regularly.

<span style="color: green;">Legal Consideration: Non-Discrimination</span>

It is important to ensure any language relating to reviews etc. takes into account rules in relation to discrimination. This also applies to the processes the employer has in place from recruitment onwards.

<span style="color: blue;">Policy Consideration: Mutual Trial Period</span>

This is included in the example in order to still recognise the importance of the first months of employment for both sides in terms of mutually seeing whether there is a strong relational fit. Rather than a Trial Period for the individual, it is structured here as a mutual period of exploration, and the employee is encouraged during this time to review whether the company is a good it for them, as much as vice versa. In this example, there is a proactive decision made before the end of this period to continue in relationship longer-term, and to celebrate that milestone. This example suggests 6 months for this period, as any less than this has often been found to be insufficient.

<span style="color: green;">Legal Consideration: Right to Work</span>

As an employer in England, the company is legally required to ensure all staff are entitled to work in the UK. This legal requirement is still true even when the company disagrees with this from a policy perspective.

<span style="color: green;">Legal Consideration: What is part of the contract</span>

It is important to distinguish what wording in the document is intended to be legally binding vs conversational / contextual. One way we have done this is to list out which elements of the document form the contract - note that this list does not include the 'about' page at the front of the contract.

<span style="color: red;">Design Consideration: Information Hierarchy of Contract Terms</span>

The order of the clauses in the contract are based on the new joiner's onboarding journey and the fact that research has highlighted that most people do not have the time to read every contract they are given. For example, the first section 'Getting Started' includes the information / clauses that are likely to be the most relevant in the new joiner's first few months. The last section of the contract includes in the information that are least likely to be 'used' from an operational perspective in a standard onboarding journey.

<span style="color: blue;">Policy Consideration: Elements of a Roles Card system</span>

This requires the Roles Board to include details of how roles can be picked up and passed on (consents required, processes), any time restrictions that apply. In this system, legally it is advised to have a system in place to track the various cards employees use throughout their time with the organisation.

<span style="color: green;">Legal Consideration: Role Cards</span>

Note that the role cards from part of each individual's contract.The process for changing role cards is covered in the linked Roles Board resource.

<span style="color: blue;">Policy Consideration: Role Cards</span>

In this example Roles are set in a way that is designed to enable a higher degree of fluidity in the system, based on an example from Dark Matter Labs. Instead of a static job role with a static/fixed ‘line manager’, Dark Matter Labs lays out roles within a system called ‘role cards’, where each person has a set of cards in their hand at any time, but there are processes through which people can pick and pass on role cards in the system. Each role card lays out the resonposnibilities, accountabilities, key activites, skills, connections/dependencies, and evaluation of the role.

Note: this system particularly makes sense in relation to their accompanying approach for pay.

In this example, this is needed due to the type of work involved (heavily structured around projects), the emergent nature of the work (regularly moving in content and nature) and funding (shorter-term and less consistent funding). Using a role card system, they enable agency of people to self-navigate following a clear set of processes and protocols, and therefore to not be governed top-down by role 'allocators'. The role card system aims to incorporate the rigour and clarity of detail of a traditional system of roles and responsibilities, alongside more autonomous navigation of roles in moving circumstances. In incorporating this method in the contract example, our aim is not to recommend it as an approach to roles, but to exemplify how alternative methods like this can be incorporated into an employment contract.

<span style="color: red;">Design Consideration: Text-only Details of Employment</span>

We recognise that sometimes for operational or other reasons that such an illustrated page might not be the best solution - they may be more time consuming to edit, or less straightforward to screen read, or highlight, copy and paste. We have created a simpler, unillustrated version of this page with all the Details of Employment in one table, which can be used where appropriate.

In the version of the contract the employee receives, it would only have one Details of Employment page, not both versions; please delete as appropriate.

You can find the templates for these Details of Employment pages here [link]

<span style="color: red;">Design Consideration: Illustrated Details of Employment</span>

As part of our considerations about usability and the information hierarchy of the contract, we have consolidated the most essential pieces of information for a prospective employee in one place, so that the key parameters of the contract are made clear at a glance. As this key page sets the tone of this employer-employee relationship, and probably will be referred to most frequently, we have worked with illustrator Terri Po to create a visually engaging template to convey a creative, friendly, exciting tone that reflects the spirit of being a part of Livable Planet. The text is separate from the illustrations to allow for HR to customise the details for each employee. We've been inspired by examples such as Tony Chocolonely's one-page illustrated contract.

<span style="color: green;">Legal Consideration: Permanent Contract</span>

This contract is for a permanent role. It does not need to explicitly state contract as permanent as this is implied unless stated otherwise.

<span style="color: green;">Legal Consideration: Details of Employment</span>

We have included a cover page with key employment details. This is for three reasons: 1. Usability for the company - keeping most of the factual information on the front cover means that it is quicker for the company to be able to tailor contracts for new joiners, and prevents legacy wording from previous contracts accidentially being included in other people's contracts. This page also creates a clean 'definitions' page, which means that instead of having to tailor wording throughout the contract, the contract can cross refer to 'the start date' etc, saving time and also reduces the risk of legacy text. 2. Usability for the new joiner - instead of having to scan-read a whole contract, the key information relating to their job can be found easily near the front of the document. 3. There are certain information that legally must be provided to the employee within certain time periods. Having the information in this format makes it less likely that such information won't be included. See our Reimaging Contract Terms table for further details.

<span style="color: green;">Legal Consideration: Details are to be read with Terms</span>

As stated in the contract, the "overall employment contract is made up of your Details of Employment, the Role Card(s) you hold from time to time and these Employment Terms." This means that these Details of Employment have to be read as an integral part of the whole contract, and not on their own.

<span style="color: green;">Legal Consideration: Non-contractual Explanations</span>

It is important to distinguish what wording in the document is intended to be legally binding vs conversational / contextual. One way we have done this is to make it visually clear that all language in the purple boxes 'do not form part of the contract'.

<span style="color: red;">Design Consideration: Non-contractual Explanations</span>

To ensure that the contextual text was not interpreted as legally binding, it was important for the contextual text to be clearly distinguishable from the legal wording. This is done visually, through the bordered box and distinct typographical style. This text is also enclosed in angle brackets for accessibility reasons, such that users of the contract who may use screen readers or similar tools can identify the contextual text without relying on visual means.

<span style="color: red;">Design Consideration: Useful References</span>

As the employment contract can be used as a 'how to' manual, it can be useful to have references to communication channels / links included within the contract.

<span style="color: red;">Design Consideration: Linked Documents</span>

This contract references external resources, such as policy documents. These are visually distinguished in underlined blue text, and would be hyperlinked to external resources when the contract is read as a digital document.

How to use these annotations

Employment contracts, including this example, are ideally not be not one-size-fits-all, but designed to respond to a specific organisational, legal, and design context. We have created an annotated version of this example contract to explain our thought processes and reasons for why we have made the contract’s strategic decisions in this way.

We strongly recommend you read this version of the contract with annotations first, before using the contract as a starting point for your own, to understand the context of how that contract was shaped, and reflect on how these constraints or considerations may or may not apply to your own circumstances.

We have tagged these annotations under the key categories below:

• <span style="color: blue;">Policy Considerations: how we have considered the organisation’s policy, i.e. how its members decide to work together and run their organisation. </span>
• <span style="color: green;">Legal Considerations: how we have considered the legal frameworks in creating the contract, including how employment law, contract law, etc., has shaped how the contract works.</span>
• <span style="color: red;">Design Considerations: how we have considered communications design questions, including information hierarchy, user experience, and how to ensure the nature of the agreement is communicated clearly.</span>

We also invite you to look at our Reimagining Contract Terms table for our reflections on the typical terms that form an employment contract, and how they can be reimagined beyond their conventional approaches.

<span style="color: red;">Design Consideration: Contractually-defined Terms</span>

This helps with the interpretation of the contract, by distinguishing terms which are to be interpreted under their specific contractual definitions.

<span style="color: red;">Design Consideration: Personalised Details</span>

Liveable Planet is a mission-driven collective, and it is useful to emphasise the shared basis of rights, obligations and protocols of its members - by highlighting details that are unique to the employee, it not only makes it faster for HR to customise the template, but also highlights that the terms are shared across the community.

<span style="color: red;">Design Consideration: Invitations to Discuss</span>

We recognise that 'contract-ing' is part of a process of building a mutual relationship, and not just an unilateral imposition of legal terms. We highlight prompts for discussion to create the space for discussion over critical parts of this relationship.

<span style="color: blue;">Policy Consideration: Linked Policies - Shared Culture Principles</span>

In this example, it links to a set of basic principles that every person, and the organisational as a whole, commits to. It lays out the principle (e.g. work out loud' and then expected individual, collective and organisational behaviours that are essential to uphold that principle. It does not express 'all possible behaviours' but rather a minimum set of necessary behaviours considered essential to mutual thriving. The principles and behaviours were drawn up, in this example, through a participatory process and approved through by consensus (note: in this case study it is one of the only areas of organisational development that was agreed by consensus).

<span style="color: red;">Design Consideration: Footer and Page Numbers</span>

While we expect the contract to be used primarily as a digital document, we have included this footer here to convenience should the contract be printed to ensure it is complete.

<span style="color: blue;">Policy Consideration: Employer or Community?</span>

In this introductory section we have tried to make it clear that we are speaking about 'Livable Planet' as a community rather than the legal entity / employing entity. Note we have done this by using the 'trading name' Livable Planet as short hand for the community and the legal name 'Livable Planet Ltd' as short hand for the employer.

<span style="color: blue;">Policy Consideration: Introduction</span>

In this example, we have taken inspiration from the employment contract draft of Civic Square and included an introductory section.

It aims to acknowledge that there is a contradiction between the aim of common abundance with the format and history of employment law that an employment contract is part of. It also aims to acknowledge the rights fought and won through the history of employment law and the intent to value them. It seeks to lay out hopes and expectations with an aim to begin the employment relationship with a deep mutual understanding and appreciation of the relationship being formed. It seeks to invite the other party's input into this understanding so that we hold our new relationship with respect and intent.

<span style="color: red;">Design Consideration: Personalisation</span>

The contract embodies the start of a working relationship between the employer and employee. It was important from a design perspective to personalise the contract from the very cover, to reflect the importance of this individualised process of relationship-building. We've been inspired by Lou Byng's work on Civic Square's employment contracts, which are visually personalised to each individual employee.

How to use these annotations

Employment contracts, including this example, are ideally not be not one-size-fits-all, but designed to respond to a specific organisational, legal, and design context. We have created an annotated version of this example contract to explain our thought processes and reasons for why we have made the contract’s strategic decisions in this way.

We strongly recommend you read this version of the contract with annotations first, before using the contract as a starting point for your own, to understand the context of how that contract was shaped, and reflect on how these constraints or considerations may or may not apply to your own circumstances.

We have tagged these annotations under the key categories below:

• <span style="color: blue;">Policy Considerations: how we have considered the organisation’s policy, i.e. how its members decide to work together and run their organisation. </span>
• <span style="color: green;">Legal Considerations: how we have considered the legal frameworks in creating the contract, including how employment law, contract law, etc., has shaped how the contract works.</span>
• <span style="color: red;">Design Considerations: how we have considered communications design questions, including information hierarchy, user experience, and how to ensure the nature of the agreement is communicated clearly.</span>

We also invite you to look at our Reimagining Contract Terms table for our reflections on the typical terms that form an employment contract, and how they can be reimagined beyond their conventional approaches.

We want to ensure any obligation on the employee is reciprocal and mutual on the employer, to remove power dynamics.

The law entitles the employee to minimum notice periods.

UK immigration law requires us to do this. This is also the case when it comes to this clause