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01432 278179

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  • Home
  • Individuals and families
    • Relationships and children
      • Relationships
      • Divorce
      • Dissolution of Civil Partnerships and Same Sex Marriages
      • Relationship Agreements
      • Domestic Abuse
      • Financial provisions on divorce or dissolution
      • You and your children
      • Child Living Arrangements
      • Child Maintenance Responsibilities
      • Related offers
    • Employment advice for you
      • Our employment advice services
      • Employment Advice Overview
      • Employment Tribunals
      • Settlement Agreements
      • Early Conciliation
    • Resolving personal disputes
      • Our services for personal dispute resolution
      • Boundary Disputes
      • Alternative Dispute Resolution
      • Personal Debt Recovery
      • Professional Negligence
    • Criminal Defence
      • Our criminal defence services
      • Crown Court
      • Magistrates Court
      • Police Station Representation
    • Wills, Trusts and Probate
    • Legal Costs
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      • Company & Commercial
      • Company & Commercial Overview
      • Business Start-Ups
      • Commercial Contracts
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      • Corporate Services Overview
      • Business Structure
      • Transfers, acquisitions and disposals
      • Joint venture
      • Corporate Crime
    • Dispute Resolution & Debt Recovery
      • Dispute Resolution and Debt Recovery
      • Commercial Dispute Resolution
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      • Debt Recovery and Late Payment Demands
    • Commercial Property
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      • Commercial Lease
      • Commercial Development
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      • Employment and HR Services
      • Employment and HR Overview
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    • Health and Safety
      • Health and Safety
      • Advice on Aspects of Health and Safety Law
      • Health and Safety Documentation
      • Tailor-made Policies, Procedures and Risk Assessments
      • On-site Health and Safety Management and Practical Guidance
      • Health and Safety HSE Interviews and Investigations
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      • Bribery
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    • About Kidwells
      • Learn more about Kidwells Solicitors
      • About us
      • Meet the Team
      • Our Mission and Values
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    • Policies, Procedures and Complaints
      • Policies, procedures and complaints
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Employment Contracts

It’s important to have well drafted employment contracts as an employer to ensure the smooth running of your business. Our lawyers can assist you with the drafting and finalising of these contracts.

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Forming the foundation of the employment relationship you have with your employees is vital

A contract of employment is the beginning of a relationship between the employer and employee. It is integral that the employment contract accurately sets the scene and expectation of both parties for the duration of the term.

It is important to have well-drafted employment contracts as an employer as this forms the foundation of the employment relationship you have with your employees.

Drafting employment contracts at the start can prevent time-consuming disputes later on. Additionally, it can also reduce the risk of grievances as each party is aware of their rights and duties. Therefore, should any issues arise, drafting well written policies can assist to effectively manage the issue to achieve resolution.

Whether you are looking to update existing contracts or whether you are looking at drafting completely new ones our dedicated Employment law team not only has the knowledge of employment contracts but also the experience of implementing new ones, as well as changing contracts for organisations across a very broad range of industries.

Important things to consider:

  • We can recommend contractual terms to make your life easier and protect your position as an employer. For example, deductions from wages, payment in lieu of notice, garden leave etc. We can review and update your contracts.
  • As an employer you may make changes to an employee’s contract of employment however you must inform and consult with the employees regarding the proposed changes. You must give the employee a written statement containing details of the change at the earliest opportunity. It must be no later than one month after the change.
  • It’s best practice to support contracts of employment with an Employee Handbook. This outlines the organisation’s position in relation to areas such as company cars, sickness, whistleblowing, conduct, appraisals etc.

Support and guidance with every stage

Why do you have to provide a contract?

Section 1 of the Employment Rights Act 1996 states:

“Where an employee begins employment with an employer, the employer shall give to the employee a written statement of particulars of employment.”

“The statement must be given no later than 2 months after the beginning of the employee’s employment.”

  • It is a useful tool for managing staff effectively;
  • It prevents misunderstandings;
  • Employees will know what is expected of them; and
  • Failing to issue a written contract prevents you from specifying rules or conditions to which your employees must adhere.

What should a contract contain?

  • Name of employer and employee;
  • The date the employee’s employment commenced;
  • The date on which the employee’s continuous employment began;
  • Pay and the intervals at which remuneration is paid (weekly/monthly);
  • Hours of work;
  • Holiday entitlement;
  • Holiday pay;
  • Job title or a brief description of the work the employee is employed to do;
  • Sick leave and pay entitlements;
  • Pensions and pension schemes;
  • Notice periods;
  • How long employment is meant to last and also the date when it is to end;
  • Job location;
  • Whether any collective agreements affect the terms and conditions of employment; &
  • If required to work outside the UK for a period of more than 1 month:
  • The period for which they have to work outside the UK;
  • The currency in which remuneration will be paid;
  • Any additional remuneration payable to them and benefits; and
  • Any terms and conditions relating to their return to the UK.

What happens if I fail to provide a written contract?

If you fail to provide a written contract of employment an employee can make a claim to the Employment Tribunal. A failure to provide a contract can lead to an award of 2-4 weeks’ pay compensation in the Employment Tribunal. An employee cannot bring a standalone claim for a failure to provide a written contract of employment.

Common problems for failing to provide a contract of employment include:

  • Misunderstandings;
  • Disgruntled/unhappy employees;
  • Stress;
  • Anxiety;
  • Anger;
  • Frustration;
  • De-motivation;
  • Absence from work;
  • Poor morale;
  • Poor employee relations;
  • Loss productivity;
  • Poor performance;
  • Insecurity;
  • Complaints;
  • Grievances;
  • Resignations;
  • Disputes;
  • Damage to reputation; and
  • Tribunal claims.

Related services

Employment Investigations

Employment Investigations

Employee Appraisals

Employee Appraisals

Workplace Mediation

Workplace Mediation

Recruitment and Retention

Recruitment and Retention

Social Media at Work

Social Media at Work

Training

Training

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    20th November, 2020

    Copyright 2020, Kidwells Law Solicitors Ltd.

    We are authorised and regulated by the Solicitors' Regulation Authority, SRA No. 535081

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