As soon as the job offer has been accepted, the two parties enter into a legal arrangement which should be written particulars detailing the key terms and conditions of employment. This is usually called ‘a contract of employment’.
Within 8 weeks from the date of employment, if the employment is to last more than a month, the employee must be given the contract of employment. There is no legal requirement for an employment contract to be written but it is strongly advisable that the details are recorded in some format or another.
Failure to provide such information in writing or providing it in a way that does not comply with the requirements of the Employment Rights Act 1996 exposes the employer to the risk of being taken to an employment tribunal. If this happens the tribunal can decide what the employment contract needs to include and can also lead to an assessment into employee pay. If an employer fails to provide a contract of employment and the employee is later made redundant or unfairly dismissed, for example, the Employment Tribunal can use this to request additional compensation from the employer.
The content of an employment contract can range from the simple to the complexdepending on the job role. Each contract should be designed specifically based on the nature of the role. When considering what to include in a contract of employment, it is worth considering the following:
This is not a complete list. Knowing what to put in to a contract of employment is key and our Employment Team has extensive experience to help produce contracts of employment which will work for you.
Employers are able to change the terms and conditions of employment for their employees to meet business needs. However, there are procedures to follow to ensure that changes are in response to sound business reasons and that employees are consulted to avoid potential claims for constructive unfair dismissal.
Before terms and conditions of employment are changed, consultation has to take place with employees and, where appropriate with trade unions. We can help advise on following consultation procedures, who should be included and the period of notice required. If an insufficient period of notice is issued, the employer could be liable to claims for constructive unfair dismissal or discrimination. Consultation is an important factor in judging the reasonableness of the change in employees’ terms and conditions and will also assist in the defence of any potential employment tribunal claims.
Where an employer imposes a change in terms and conditions of employment, an employee may be entitled to resign and claim constructive unfair dismissal or discrimination on the basis that the employer has acted unreasonably in introducing the changes in terms and conditions. This means that failing to make changes properly could result in a costly compensation claim.
These claims can be successfully defended if:
Having the correct legal documents in place and following the correct policies and procedure is essential if you employ anyone. Understanding exactly what is required and ensuring you are legally compliant can be difficult, therefore we recommend seeking professional legal advice.
Our employment team is able to provide you with the necessary guidance and advice to ensure you have the correct documents in place to protect both yourself as the employer and your employees. It can be a minefield, but we can help you navigate your way through it. We offer no-obligation initial appointments and can meet you at our office locations in Market Harborough and Leicester. You can contact the team directly by calling 0116 212 1000 or complete our online contact form.
Our large, experienced team of HR solicitors manages high volumes of claims, with expertise in business restructurings, redundancies, TUPE transfers, claimant and HR practices, dismissal, disability, whistleblowing, and all areas of employment law affecting employees and contractors.
We understand ACAS guidelines and have experience of trade unions, advising on obligations and employee rights. We can act as a preferred supplier of legal services and panel appointments. From employee best practice to Employment Tribunal and Appeals, we provide confident, knowledgeable advice.
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Our Core Values are Welcoming, Confident, Supportive, Knowledgeable and Dependable and we aim for clients to have a positive experience with Lawson West Solicitors.
Evidence of our great client service can be seen in the reviews and testimonials we regularly receive. We are always pleased to receive great reviews because it means our clients are happy with the service we provide, and it shows that we deliver on our core values, we don’t just talk about them. We really welcome client feedback and hope you enjoy reading some of the latest testimonials throughout this website.
Major changes to employment status are imminent. It is time to review contracts and assess business position in terms of employment law.
In the requirement to review employment contracts for all, we have reached the next stage in plans for the major shake-up of employment law, which began with the Taylor Review of Modern Working Practices- a review requested by the Prime Minister as a reaction, in part, to the growth of the UK’s gig economy.
GDPR harmonises data protection legislation within Europe and will update the current regime, which is over 20 years old.
GDPR introduces new rights, larger penalties and new accountability, which means the data controller is responsible for and must be able to demonstrate that they have complied with the relevant processing principles. There are real consequences if it is wrong.
