Employment contracts are agreements between an employer and an employee which sets out their employment rights, responsibilities and duties.
As an employer, well drafted documentation can assist you in managing your workforce and afford invaluable protection for your business, by reducing the likelihood of disputes arising out of uncertainty in the employment relationship.
By law, a written statement of employment terms must be provided to an employee within two months of commencing employment. An updated written statement of terms must also be issued to reflect any subsequent change to an employee's terms and conditions within a month of any such change coming into effect.
If an employee has no written statements of terms, in the event that they bring an Employment Tribunal claim, they can make a claim for 2 or 4 weeks' gross pay for failure to provide a written contract. This is not a stand alone claim - it can only "piggy back" on another claim - but nevertheless, it is a liability which can easily be avoided.
In order to be legally compliant, the following information must be included within a written statement of employment terms:
It is also sensible to include further information in the employment contract to protect the interests of the business; for example, a confidentiality clause, pay in lieu of notice clause, layoff provisions, post-termination restrictions and a deduction from remuneration clause. These are particularly relevant in the current economic climate.
A number of important legislative changes have taken place over the last few years, including the introduction of the Equality Act 2010 and changes to the law on retirement. This means that even if you do have employment contracts in place, they may be in need of update.
Our team of employment solicitors would be happy to conduct an initial review of your existing documentation free of charge, and provide details of any amendments that you may wish to consider. Please contact one of our Employment Lawyers or call Forbes Solicitors on freephone 0800 689 0831 or contact us by email for further information.
13 Nov 2018
Employment & HR
Emma led us through a complex Employment Tribunal case which we would not have successfully succeeded without her and the team at Forbes support, they made us feel at ease throughout the process
Alexander Dennis Limited
We wouldn't work with any other firm when it comes to employment and HR topics.
UK HR Business Partner
Voith Paper Ltd
The service offering at Forbes is of outstanding quality and value and has consistently exceeded our expectations.
Head of HR
Head of department Jonathan Holden leads a team of 'highly competent individuals' covering the full range of employment matters.
2018-19 edition Legal 500
Forbes Solicitors provides 'swift, efficient and pragmatic advice to its clients'.
2018-19 edition Legal 500
We find that the Forbes team take a pragmatic and supportive approach and enjoy working with their team.
Kepak Convenience Foods
We approached Forbes Solicitors on a recommendation because as a small independent organisation we needed clear guidance and backing on HR matters.
Piccadilly Garden & Support Service
The Forbes team were fantastic, the work and effort they put in was impressive and I was made to feel at ease throughout the proceedings. I can not thank the Forbes team enough
Without doubt Jonathan Holden is like a security blanket. He understands that schools need to act in the best interest of school as a whole
Brenda P Allen
I will keep promoting you and your services because I'm fully committed to the quality of your work and the impact that it has in school.
Ashton Community Science College
Amy Stokes was more than helpful throughout the whole process - Thank you Amy.
Forbes are proactive in relation to changes in legislation and keep me informed via regular seminars, updates and bulletins.
Business Support Manager
Birchall Catering Supplies Ltd
I have always found everyone at Forbes to be approachable, helpful and professional, and would have no hesitation in recommending them to any other business
E A Foulds Limited
May I say how much the employment team at Forbes have helped Samlesbury Hall with staff issues over the past ten years.
...we have found Forbes to be an excellent team of people to work with, fully understanding our needs and goals.
Apeks Marine Equipment Ltd.