Employment Contracts are the fundamental
terms and conditions of employment between an employer and their
employee. Drafted and used correctly, they can help the relationship
between the parties and often prevent any claims before the
Employment Tribunal.
|
|
| |
The Law
The law does not provide that a contract of employment must
be produced to each employee – although we would argue
that it is the best course of practice and instils confidence
and safety to the employee. The law states that a written statement
of the terms and conditions of employment is to be given
to the employee within 8 weeks of the commencement of their
employment. This does not apply to employees who are employed
for less than one month. |
|
| |
Information to be provided
The law provides clear guidance on what information must be
included in a written statement of employment:
|
- Names of the employer and employee
- Place of work
- Date of the commencement of employment
- Wages or salary to be paid and when they
are paid
- Hours of work
- Holiday entitlement
- Sick leave and sick pay entitlements
- Pension entitlement
- Notice periods for termination of employment
by either party
- Job title and brief description
- Period of employment, if not permanent
- Existence of any collective agreements
|
All of these headings must be covered
as a minimum and if information is not available then reasons
must be given.
Further information should also be provided to deal with disciplinary
and grievance procedures. |
|
|
| |
Why have a Contract of Employment
A contract is the easiest way to deal with such matters. We
can produce contracts to any size of employer to deal with any
type of work and tailor them to the needs of each employer.
It is a small price to pay to make sure that you are covered
in all situations. The contract will cover all of the above
points and more. Dependant on the size of the employer we will
be able to produce policies to deal with Equal Opportunities,
Internet and e-mail, Grievance and Disciplinary Procedures and
Maternity and Parental Leave. Easy to follow procedures will
reduce or even negate any potential claims. |
|
| |
Use of Handbooks
Many employers prefer to make reference to Grievance Procedures,
Disciplinary matters, Health and Safety and so on in a handbook
that is easily accessible to all employees. In these cases,
reference can be made in any contract of employment to the handbook.
It is important to inform all employees of any alterations to
the handbook, for example as a result of changing legislation.
They should further be given the opportunity to see any new
policy. |
|
| |
Amending terms and conditions
Although it is permissible to alter the terms and conditions
of employment, this must be done in a way which will prevent
any potential claims in an Employment Tribunal. It is always
good practice to deal with any changes in writing and consult
with the employees. We are able to provide a quick and simple
guide dependant on the circumstances. |
 |
