We can review your existing contracts, policies and procedures.
We can also develop new documentation to suit your business, that also protects your business.
Key Points
- A contract of employment is an agreement between an employer and employee and is the basis of the employment relationship.
- Most employment contracts do not need to be in writing to be legally valid, but it is better if they are.
- A contract ‘starts’ as soon as an offer of employment is accepted. Starting work proves that you accept the terms and conditions offered by the employer regardless of whether in writing or signed.
- Most employees are legally entitled to a Written Statement of the main terms and conditions of employment within two calendar months of starting work. This should include details of things like working hours, pay, holidays and where to find company policies and procedures.
- We can provide you with a template written statement of employment template.
- An existing contract of employment can be varied only with the agreement of both parties.
Some people might assume that a contract of employment consists of only those things that are set out in writing between an employer and an employee. It’s true that many of the main issues, such as pay and holidays, are usually agreed in writing.
But contracts are also made up of terms that have not been spelt out. This is either because they are:
- too obvious to mention: for example, you would not expect a contract to say that ‘an employee will not steal from an employer’
- necessary to make the contract work: for example, if you are employed as a driver it is assumed that you have a valid driving license
- custom and practice: some terms of a contract can become established over time.
It is best to put a contract in writing – it saves a lot of potential misunderstanding further down the line. Simple misunderstandings over what is or what is not in a contract are one of the main causes of employment tribunal claims.
- Please contact us for more information.