Employment Contracts For Employers
At Askews Legal, our employment law solicitors can draft, review, and update your organisation’s employment contracts.
An employment contract is a legally enforceable document between an employer and employee and contains the various conditions of the employment relationship.
Contracts of employment contain details such as the contact details of the employee, place of work, working hours, pay, duties, and rules relating to sickness and absence. It is important to ensure that an employment contract is carefully tailored to meet the requirements of the business, as this will ensure that they are easily understood, relevant, and legally watertight. It is also important to understand that by entering into an employment contract, an employer also agrees to implied terms that may or may not be documented. Implied terms include a duty to provide work, pay wages, and protect the health and safety of the employee. Our specialist Employment Law Solicitors have been recognised in the Legal 500 and have a robust reputation for drafting employment contracts for businesses in Coventry and Warwickshire.
From our offices in Coventry city centre, Askews Legal is a diverse, multi-lingual law firm that uses best-in-class technology to provide clients with streamlined, modern, and highly effective employment law advice and representation. Our solicitors have years of experience in employment law which means that we have a robust reputation for excellence with the UK’s best Barristers and King’s Counsel, Accountants and Counsellors who can bring additional support to our employment law department if required. Our clients also benefit from our ability to instruct the country’s most respected expert witnesses.
Below are some of the most common questions employers have concerning employment contracts.
Do I need to provide a written contract of employment?
While there is no legal requirement to provide a full written employment contract, the risk of not having one is that there may be a misunderstanding regarding the terms of employment which can then lead to a dispute. For this reason, it is important for businesses of all types and sizes to put in place well-drafted employment contracts which provide the clarity and protection needed.
What should be included in an employment contract?
There is no one definition of what should be included in an employment contract, but at minimum, the following information should be included?
- contact details of the employee
- your role title
- place/s of work
- hours/days of work
- overtime policy
- details of remuneration including base salary, bonuses and other incentives
- how and when you will be paid
- notice period (including details of any probationary period)
- annual leave and absence policy
- redundancy terms
- disputes process
- IT equipment
- Working from home policy
- Restrictive covenants – such as non-compete clauses preventing an ex-employee from working for a competitor for a period after leaving.
Depending on the specific employer, the nature of the role, and the type of employment, many more sections can be added to ensure that the conditions are clear from the outset. The contract may also set out more general conditions in relation to data protection/privacy, intellectual property rights, and monitoring.
Can employment contracts be changed during employment?
If an employment contract is already in place between an employer and employee, it may be possible to vary the conditions of employment but only if the contract permits such as change, the employee agrees to the change, or if the employee’s representatives agree to the change proposed. Some contracts contain ‘flexibility’ clauses that allow certain changes to be made without seeking consent from the employee, e.g. where the contract states that the employer has the right to vary the employee’s hours of work. Even where a flexibility clause exists in an employment contract, it is still advisable to consult with the employee before making the change. It is important that if you do wish to add specific flexibility clauses that these be as clear and concise as possible to avoid the potential for a future dispute.
Can you assist with employment contracts after a TUPE transfer?
Yes, under a Transfer of Undertakings (Protection of Employment) (TUPE), where staff move from one business to another (e.g. where there has been a merger or takeover), employees transfer on their existing terms and conditions of employment. Askews Legal can assist with all aspects of TUPE transfers, including updating employment contracts.
Why choose us?
One of the key elements of business success is having a positive and productive team of people that are motivated to ensure the business meets its growth objectives. Our Solicitors are businesspeople themselves; therefore, understand that every decision you make must encompass commercial reality. We receive most of our instructions via word of mouth recommendations because employers in Coventry, Warwickshire and across the Midlands and Warwickshire are confident that we have the knowledge and dedication they need to protect their best interests.
We are focused on results and achieving them in the swiftest, most cost-effective way possible. Our Employment Law Solicitors will take care of your legal concerns so you can concentrate on your organisation’s future.
People choose and recommend us not just in Coventry, Nuneaton, Rugby and Leamington, but across Warwickshire, the Midlands and the whole of the UK., because we get results.
To talk to us about employment contracts, please call us please contact us using the form below, email enquiries@askewslegal.co. or visit us at our city centre offices in Coventry.