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 over a period of time between employer and employee.
However, there are good reasons to commit an employment contract to writing.
For more information, or to speak to an expert about your employment contracts and service agreements, call Gorvins Solicitors on 0161 930 5117, e-mail firstname.lastname@example.org or fill in our online enquiry form.
Whilst we appreciate the sense in keeping certain aspects of an employment relationship as informal as possible, the risk associated with not committing at least the key terms in writing far outweighs the benefit of “keeping things simple”.
Not committing employment terms in writing could mean an employee lawfully leaving your employment without giving notice and before poaching all your customers, clients, business or staff. Similarly, without written terms dealing with things like holidays, sick pay, deductions from pay and more, you could have far less freedom than you think concerning your staff.
When drafting employment contracts, one size does not necessarily fit all. That’s why we work with you to ensure your employment documentation is fit for purpose. With our help, your employment contracts will contain all the detail you need to reflect your priorities and will be drafted in plain common-sense terms.
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 upon.
Imposing new contractual terms without seeking advice beforehand can carry the risk of unfair constructive dismissal claims or simply mean 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 your staff.
Our employment contract solicitors will handle all your legal issues as quickly and efficiently as possible, allowing you to concentrate on what is most important, running your business.
If you need assistance with employment contracts or changes to your service agreements, contact Gorvins Solicitors on 0161 930 5117, e-mail email@example.com or fill in our online enquiry form.
An employment contract protects you and your business by setting out what’s expected from your employees and you as an employer. For example, an employment contract could make stipulations about what your employee can and can’t do when they leave your employment, protecting you from ex-employees poaching clients and/or staff from your business.
While there is no legal requirement to provide a written contract of employment, there are multiple risks associated with not doing so. To protect your business, your clients and your employees, it’s best practice to provide clear contractual guidelines to all your staff.
Furthermore, it is a legal requirement to provide a written statement of particulars of employment (known as a ‘section 1 statement’) providing the employee with details such as hours of work, holiday entitlement, place of work, job title, disciplinary procedures etc…
Since April 2020 the required contents of this statement have become much more detailed. It, therefore, makes sense to simply incorporate the section 1 statement details into a more comprehensive contract which will provide the Employer with all the protection it requires in addition to supplying the information that an employee is entitled to in the section 1 statement.
As well as advising on all the legal aspects of an employment contract, a good solicitor can help you avoid costly mistakes and develop a contract that’s tailored to your business, not some one-size-fits-all document that leaves you open to problems down the line.
This is particularly important when considering contractual terms that are designed to protect your business both during the course of an employee’s employment and afterwards. Restrictions on what your employees can do after they leave your employment can be notoriously difficult to enforce before the courts.
Unless such restrictions are carefully drafted with your specific business in mind so as to be able to demonstrate to a court’s satisfaction that they are no more than is reasonably necessary to protect your legitimate business interests, you will run the risk of such provisions being held to be in restraint of trade and unenforceable,
Partner & Head of EmploymentEmployment
I would not consider using any other firm than Gorvins. I use... ...Mr. Peter Sherliker, HR Director from Tetrad Limited
The service I received from Gorvins was excellent. Everyone from... ...Mrs. Dianne Holmes from Stockport
I received very prompt and efficient service that met my needs exactly... ...Mrs. G from Manchester
Gorvins provided me with the help, advice and support during a... ...Mr. Stephen Walker from Stockport
David and Danielle had an incredible ability to identify the key issues and... ...Mr. Kevin Kershan from Whithead
Exceptional Service and Danielle Ayres is a friendly advsior. ...Kathryn Roberts from St Helens
David Walton helped me recently overcome a very challenging time... ...Claire Handby
From the initial call Matthew instilled a great degree of confidence... ...Mrs H
Absence management can be a huge concern for employers.
Your confidential information, customer or supplier relationships may be key to the continued success of your business.
Employment Tribunals can be a 'lose, lose' situation for employers, even where the claim is unlikely to succeed.
As an employer it is important to understand the rules surrounding flexible working when it comes to your employees.
Just as an employer can take disciplinary action against you, employees can also complain against...
Employment law can be a minefield for employers to get their heads around especially with the changing legislation...
As dedicated employment law specialists, we can support the complex task of recruitment processes.
Redundancy can be a highly stressful ordeal to go through, particularly if your employer breaks the news after years...
Settlement Agreements are a useful means of achieving a clean-break with an employee.
We can advise on and draft staff handbooks, policies and procedures for your business.
Gorvins Solicitors proudly support leading retailer Richer Sounds
An ACAS poll has found that nearly one in five employers are likely to make staff redundancies ...