Stallard Kane supports the HSE’s new Metalwork Inspections
What should be included within an employment contract?
The Government has outlined what should be included in an employment contract as an absolute minimum. This includes basic information such as the employee's name, job title, start date, place of work and information about the probationary period, as well as more intricate details around pay, working hours, holidays, training, notice, plus other types of paid leave and statutory entitlements.
Where relevant, the contract of employment should refer to any applicable collective agreements as well as the organisation's disciplinary and grievance procedures.
Depending on your organisation, the type of work you undertake, and the industry in which you operate, there are likely many more contractual clauses that are beneficial, with a view of ensuring your organisation, and the people within, are legally protected.
What happens if I fail to issue an employment contract?
It is worth noting that a contract does not have to be written down to exist. If a job offer has been made and accepted, then that individual is considered to have a contract with the Company.
However, if an employee has yet to receive a written contract of employment, then they may raise a grievance against their employer. If an employee has exhausted internal procedures and the employer still fails to issue an employment contract, the employee may look to take a case to the employment tribunal.
If an employee or worker wins a case about another issue (for example, unauthorised deductions from their wage slip), the tribunal may award compensation if there's been a problem with their contract as well. Compensation of up to 4 weeks' pay can be awarded.