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Employment Contracts

Working together, we can help develop and implement bespoke contracts of employment for your workforce, which are legally compliant, consider relevant working standards and are a true reflection of your employees' agreed terms of work.

Find out about our Employment Contracts service

Employment Contracts

Under the Employment Rights Act (1996), anyone legally classed as an employee or worker has the right to a "written statement of employment particulars", more commonly referred to as a contract of employment.

Working together, we can help develop and implement bespoke contracts of employment for your workforce, which are legally compliant, consider relevant working standards and are a true reflection of your employees' agreed terms of work.

 

 

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. 

 

What are the legal implications of creating an employment contract without legal advice?

A contract of employment must comply with statutory legal minimums as set by the Government. If an employer is not clear as to what those statutory minimums are and has not sought advice when drafting the employment contract, then they risk the contract failing to meet legal standards. This could leave employees working under terms and conditions that are potentially unlawful. 

How often do contracts need to be reviewed?

To ensure ongoing legal compliance, we recommend reviewing contracts of employment on an annual basis. Employees contracts will not necessarily need reissuing every single year, but it may be that updates need to be made in preparation for new employees joining the business. 

When should I issue an employment contract?

Employers are legally required to provide a principal statement of the main terms and conditions of employment on an employee's first day of work and a wider written statement within two months of an employee's start date.

To ensure legal compliance (and keep things as easy and simple as possible), we recommend employers issue a full contract of employment on or before the employee's start date.

How can Stallard Kane help with employment contracts?

Stallard Kane can review and draft updated Terms and Conditions of Employment on your organisation's behalf, ensuring that all information contained within the document is relevant, legally compliant, and is a true reflection of your employees' agreed terms of work.

How do I book or find out more information?

To find out more information, call our Health and Safety  Team on 01427 420 403 or email hr@skaltd.co.uk 

"Stallard Kane are great to work with. No matter which department you need (HR, Health & Safety or Training) someone is always available to give you comprehensive help and advice on what you require. Even if my advisor is in a meeting or on annual leave, a colleague of theirs will help. Cannot recommend Stallard Kane highly enough!"
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