Contracts of Employment
Employment contracts set out the terms and conditions of employment between an employer and an employee. Drafted and used correctly, they can help the relationship between both parties and often prevent the involvement of an Employment tribunal.
Apart from some special cases employment law does not require that a contract of employment must be produced to each employee, although it is the best course of business practice and gives confidence and security to both employer and employee. The law does require that a written statement of the terms and conditions of employment are to be produced to the employee within 8 weeks of the commencement of their employment. This does not apply to employees who are to be employed for less than one month.
We can help by giving advice and guidance on what information must be included in a contract or statement of employment, as shown below;
- Names of the employer and the employee
- Place of work
- Date of commencement of employment
- Job title and job description
- Hours of work
- Salary to be paid, how often and when it is to be paid
- Period of employment, whether permanent or temporary
- Holiday entitlement
- Sick leave and sick pay entitlement
- Pension entitlement
- Notice periods of termination of employment by either party
We are able to draft contracts to suit any size of employer, in any trade or profession and tailor them to the needs of each employer. We are able to put contracts in place cost effectively and promptly, taking into account all necessary statutory regulations. Dependant upon the size of the employer we are able to produce policies to deal with Equal opportunities, Internet and e-mail, Grievance and Disciplinary procedures and Maternity and Parental leave rights and Risk Management. Easy to follow procedures will reduce any possible potential claims.
Many employers choose to make reference to Grievance procedures, Disciplinary matters and Health and Safety guidelines in a handbook that is easily accessible to all employees. We are able to draft and tailor such handbooks for the employees. As Employers, it is important to inform all employees of any alterations to the handbook, for example as a result of changing legislation, and give them the opportunity to see any new policies that are put in place.
Although it is permissible to alter the terms and conditions of an employment contract, the Employer must be careful in doing so in order to prevent any potential claims in an Employment Tribunal. It is always good practice to seek legal advice in undertaking any contractual changes together with consulting with and putting these changes in writing to the employee.
It is important for the employer to appreciate that this a rapidly changing and evolving area of law. The potential liabilities for an employer who gets it wrong are serious and can, in a bad case, jeopardise the whole future of the business. We would always advise an employer, whether big or small, to have practical legal advice on hand. We are always happy to provide the employer with that sort of legal support package.
For more infomation please contact one of the following:
| Name | Position | Office |
| Patrick Langrishe | Partner | Budleigh Salterton |
