Employment contracts

Many employers don't realise that you can establish a contract of employment with an individual simply by having them do work for you, and paying them in return. 

A contract of employment does not have to be in writing, and its terms can simply be established by a course of conduct between employer and employee.

Whilst we appreciate the sense of keeping certain aspects of an employment relationship as informal as possible, the risk associated with not committing at least certain key terms to writing, far outweighs the benefit of "keeping things simple".

Not committing employment terms to writing could mean an employee lawfully leaving your employment without giving notice, and then poaching all your business and staff.  Similarly, without written terms dealing with things like holidays, sick pay, deductions from pay etc could mean that you as employer have far less freedom than you think in relation to your staff.

Strictly-speaking, every employee should be provided with a written statement of the principal terms of their employment within two months of starting work. Without this, in the event of an Employment Tribunal they could seek an enhanced award on the basis of not having their terms of appointment in writing. 

However, when drafting employment contracts, one size does not necessarily fit all. So we will work with you to ensure that you have employment documentation that is fit for purpose; containing all the detail you need to reflect your priorities for all levels of staff, and this it is drafted in plain common sense terms.

Changes to Terms in Existing Contracts

Even if you have existing contracts, it may be necessary to make changes from time to time, whether to reflect changes within the workplace or to keep up to date with changing legislation. However, making lawful changes to existing contracts may not be as simple as issuing a new contract and expecting it to be agreed. 

Imposing new contract terms can carry the risk of constructive dismissal claims or simply that the new terms will not be effective.  Should you need advice about changing your existing employment terms, we can help and assist with any necessary consultation and implementation process.  We will ensure this process is as hassle and stress free as possible, for both you and the affected staff.