Employment law support on
issuing and updating contracts of employment
The contract of employment is the key document in any employment relationship. It sets out the terms under which an employee is employed and will be the first document referred to when problems arise. A contract can be made up of express and implied terms. Express terms are set out in the contract or are incorporated by reference to other documents such as collective agreements, handbooks and letters. Terms may also be implied due to the characteristics of the employment relationship.
Where the contract is silent, an Employment Tribunal may imply specific terms on the basis that parties intended for those terms to apply. Therefore it is important that you set out in writing any terms of employment you want the employee to be aware of and abide by. The employer is obliged to provide certain information about the terms of employment to the employee in writing. Failure to provide these terms could lead to an employee applying to an Employment Tribunal for a declaration as to the terms that should be included in the statement. If the employee is making a claim at an Employment Tribunal on other grounds and the Tribunal discovers that there was no statement of terms or contract of employment they may award the employee additional compensation of between 2 - 4 weeks pay.
It is vital that you issue contracts of employment and in this section we have provided you with a number of standard contracts and numerous additional clauses in the clause bank. This will help you draft a contract that accurately reflects the terms you are employing them on. All documents are in word and are easy to amend to suit your purpose.
At Q&A Law we understand how to prepare and keep up-to-date employment contracts and with our comprehensive services you'll find the answers to your questions along with a law guide, a step-by-step process guide, letter templates and policy documents to enable you to deal with all your employment contract requirements. This is supported by your own solicitor available on the telephone or by email. We are so confident that we will be able to help your business, that you can call us today for your free introductory advice session on 0845 686 8480.
We can help answer questions such as:
ISSUING THE CONTRACT
Who should receive a contract of employment?
What should the contract or statement of terms include?
What is the difference between a written employment contract and a statement of terms and conditions?
Does all of the information have to be given at the same time and in the same document?
A BINDING CONTRACT
Is the contract binding on the employee and the employer?
Does the handbook constitute a part of the contract?
If there is no written contract, can the employer and employee still be found to have a binding agreement?
What happens if an employer does not provide a contract of employment or a written statement of terms?
What are the implied duties of the employer and employee?
How do I deal with an employee who refuses to carry out a task as set out in their employment contract?
COLLECTIVE AGREEMENTS
What are collective agreements?
Are collective agreements enforceable between employer and employee?
CHANGING TERMS OF A CONTRACT
Can an employer change the terms of the employee's contract of employment?
How do I vary the contract where there is no contractual right for the employer to make any variations?
Can I change the working hours of an employee?
Can I reach an agreement with the employee to change and vary the terms and conditions?
Does there need to be payment or inducement of some kind by the employer to the employee for the variation to be legal?
What process do I use to obtain an employee's consent?
Does the variation need to be in writing?
Can there be an implied agreement to a variation of the contract?
Are there any implied rights an employer has to vary the contract?
What is custom and practice and how does this vary a contract of employment?
What happens if I dismiss an employee and offer a new employment contract?
Can I change the terms of conditions to harmonise contracts between existing employees and those that have been transferred to us under TUPE?
We propose to change more than 20 employees contracts. Are there any special provisions that we should be aware of?
What action can the employee claim for unilateral variation that he has not agreed to?
BUSINESS RE-ORGANISATION
I want to re-organise my business and vary the terms of the contract. Can I dismiss an employee who refuses to accept the change?
Can I impose restrictive covenants and non solicitation clauses without a contract of employment?
Are restrictive covenants in a contract enforceable?
Can I prevent an employee from working for a competitor?
What are the duties of confidentiality which bind an employee?
What is the difference between confidential information and a trade secret?
Is it preferable to insert an express clause into the contract of employment rather than rely on the implied duty of fidelity?
What is a restrictive covenant?
How do I prevent an ex-employee from approaching my clients?
How do I prevent an ex-employee from poaching staff?
How do I prevent an employee from working for a rival competitor?
FIXED TERM CONTRACT
What is a fixed term contract?
What rights do people on fixed term contracts have compared to other employees?
What is equal treatment?
Do the regulations apply to all people on fixed term contracts?
What is the maximum duration of fixed term contracts?
What can an employee do if they feel they are being treated less favourably?
How do you dismiss somebody on a fixed term contract?
Call Iain or one of his team of solicitors today to discuss how we could help you.
01707 444 450 or email us here
