Employment Contracts

Whilst not a legal requirement it is both beneficial and advisable for employers to have contracts of employment. A carefully drafted contract plays a key role in managing employees effectively as well as ensuring that the Company is safeguarded.

A tailored contract of employment is drafted to suit the needs of the business and will provide clarity to both parties as to their obligations and expectations.

A contract of employment can also be used to introduce post termination restrictions to ensure that an employer is adequately protected when the relationship ends.

Whilst there is no obligation to give a formal contract of employment, all employees or workers are entitled to be provided with a written statement of employment particulars. This document should set out the core terms governing the relationship including, but not limited to, hours of work, rate of pay, holiday entitlement, place of work and length of the job if fixed term. This should be provided to you on day one of your employment/contractual arrangement.

As a bare minimum employers should provide all employees and workers with a written statement of employment particulars. The Employment Rights Act sets out the defined list of information that must be provided to the employee as a minimum.

This must be provided to the employee on the first day of their employment.

A handbook is a comprehensive set of policies and guidelines applicable to those working for a company.

A handbook provides an employer the opportunity to set out in detail exactly what is expected of staff in given situations and provides clarity as to what is expected.

You do not necessarily need to take legal advice before entering an employment contract, however, we recommend that you do so to ensure that you fully understand the terms of the contract which you are agreeing to. We can also look to advise you on the potential effects the contract may have in the future.

Your employment contract may well contain post termination restrictions such as non-compete or non-solicitation provisions. Many employees do not realise what they are agreeing to when signing a contract and subsequently discover they are impeded when looking to move to a new job. We can advise you on any post termination restrictions in your contract, their enforceability and what options you may have.

In most cases your employer will not be able to simply change the terms of your employment without first following a consultation procedure and obtaining your consent.

In some circumstances your contract may have a mobility clause, which may allow your employers to ask you to work in a different location (providing it is reasonable) without obtaining your consent.

Your employer should consult with you about any proposed changes to the contract and any concerns that you may have. If your employer unilaterally imposes the changes you could continue to work under protest or potentially refuse to work and consider submitting a claim for constructive unfair dismissal.

In some instances, employers may look to fire and rehire. This is risky for employers to do and if your employer takes this step, we would always encourage that you seek advice on your position.

You can always look to request changes to your contractual terms but there is not necessarily an obligation for your employer to agree to these.

In some instances, your employer may have increased obligations to consider your request, in particular, if you were making a flexible working request with perhaps changes to your hours, place of work or working pattern.

A consultancy agreement is used to govern the relationship between a company and a third-party consultant to carry out services. The consultant could be a self-employed individual or a personal service company.