Employment contract solicitors for businesses

Our employment law experts produce and review employment contracts for businesses of all sizes and in all sectors.

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Employment contracts

What are employment contracts?

An employment contract is a legally binding employment agreement, setting out the rights, responsibilities, duties and obligations of an employer and employee.

As an employer, it is best to ensure the contract is set out in writing so the terms and conditions of employment and what is expected of the working relationship is very clear. This protects both the interests of your business and that of your employees.

 

Types of employment contracts

There are a number of different employment contracts which you can offer employees depending on how the business operates and/or the type of role that is required. These are:

  • Full time contract
  • Part time contract
  • Fixed term contract
  • Agency worker contract
  • Freelance, consultant, contractor or self-employed contract
  • Zero hours contract
  • Apprenticeship contract

Which contract should be used will depend on the nature of the role.

 

What you need to include in an employment contract for your employees

The purpose of the contract is to outline the terms and conditions of employment. The main elements which should be included are as follows:

  • Job title and description
  • Date of continuous employment
  • Salary and benefits
  • Hours and place of work
  • Probationary period (if applicable)
  • Pension scheme
  • Holiday entitlement
  • Termination and notice periods
  • Employee confidentiality and restrictive covenants

 

Terms you’ll need to include in other documents

There is some information that employees need to be aware of but that would be best placed elsewhere; for example, in the employee handbook.

The purpose of the contract is to cover critical information that the parties may look to contractually enforce during and after employment.

The aim of the handbook is to set out the employer’s policies, procedures and rules. This would include details of sickness absence and sick pay, maternity/paternity/shared parental/adoption and dependants’ leave, flexible working policies, grievance and disciplinary procedures.

Details of an employer’s pension scheme are also likely to be found in its own separate document.

 

Can employees have their contracts reviewed?

Yes, employees can have their contracts reviewed, for example if there is any wording or clauses that they do not understand or if they have concerns about anything within the contract.

Employment contract disputes, termination and changes to contract

If an employee is leaving your employment and you require clarification on any post-termination restrictions contained within their contract and how enforceable they will be, we can review the contract and provide advice.

If you are looking to change the terms of your employment contracts, we can provide advice on whether those changes can be made and the practicalities of enforcing those changes.

Unless the contract specifically allows changes to be made, you must agree to a proposed change with the affected employee (or all employees if it is a change across the board). Failure to do so may result in a claim for breach of contract being brought against the company, so it is worth getting legal advice if you are unsure on any changes you may want to potentially bring in.

What are employment contracts?

An employment contract is a legally binding employment agreement, setting out the rights, responsibilities, duties and obligations of an employer and employee.

As an employer, it is best to ensure the contract is set out in writing so the terms and conditions of employment and what is expected of the working relationship is very clear. This protects both the interests of your business and that of your employees.

 

Types of employment contracts

There are a number of different employment contracts which you can offer employees depending on how the business operates and/or the type of role that is required. These are:

  • Full time contract
  • Part time contract
  • Fixed term contract
  • Agency worker contract
  • Freelance, consultant, contractor or self-employed contract
  • Zero hours contract
  • Apprenticeship contract

Which contract should be used will depend on the nature of the role.

 

What you need to include in an employment contract for your employees

The purpose of the contract is to outline the terms and conditions of employment. The main elements which should be included are as follows:

  • Job title and description
  • Date of continuous employment
  • Salary and benefits
  • Hours and place of work
  • Probationary period (if applicable)
  • Pension scheme
  • Holiday entitlement
  • Termination and notice periods
  • Employee confidentiality and restrictive covenants

 

Terms you’ll need to include in other documents

There is some information that employees need to be aware of but that would be best placed elsewhere; for example, in the employee handbook.

The purpose of the contract is to cover critical information that the parties may look to contractually enforce during and after employment.

The aim of the handbook is to set out the employer’s policies, procedures and rules. This would include details of sickness absence and sick pay, maternity/paternity/shared parental/adoption and dependants’ leave, flexible working policies, grievance and disciplinary procedures.

Details of an employer’s pension scheme are also likely to be found in its own separate document.

 

Can employees have their contracts reviewed?

Yes, employees can have their contracts reviewed, for example if there is any wording or clauses that they do not understand or if they have concerns about anything within the contract.

Employment contract disputes, termination and changes to contract

If an employee is leaving your employment and you require clarification on any post-termination restrictions contained within their contract and how enforceable they will be, we can review the contract and provide advice.

If you are looking to change the terms of your employment contracts, we can provide advice on whether those changes can be made and the practicalities of enforcing those changes.

Unless the contract specifically allows changes to be made, you must agree to a proposed change with the affected employee (or all employees if it is a change across the board). Failure to do so may result in a claim for breach of contract being brought against the company, so it is worth getting legal advice if you are unsure on any changes you may want to potentially bring in.

 

Speak to a member of our employment team on 0161 475 7668 or get in touch via our contact form

Speak to a member of our employment team on 0161 475 7668 or get in touch via our contact form

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Why work with us

Why choose SAS Daniels for employment law support?

Whether it’s employment contract law or any other employment matter, our team of employment lawyers will take the time to listen to what you want to achieve and will work with you to find the best possible outcome. We will provide you with all the tools to manage your employees fairly but effectively and will always be transparent as to the legal costs involved – ensuring no surprises.

Employment solicitors frequently asked questions

View the most frequently asked employment contract questions that we get asked at SAS Daniels.
  • Are employment contracts a legal requirement?

    Although there is no legal requirement to provide a written contract, employers have a duty to provide employees with a written statement of specified terms (as per S. 1 of the Employment Rights Act 1996 (ERA)).
  • When should we send employment contracts to employees?

    Ideally this should be provided before they start their first day of work. However, the legal requirement is that an employee must be provided with their written terms no later than the first day of employment.
  • Is an employee handbook different to an employment contract?

    An employee handbook differs in that it is a collection of company policies. The handbook is usually not enforceable in the same way a contract is. However, if the employee’s contract states that a handbook or policy is contractual, it may be seen as part of the employee’s terms and conditions. If an employee breaches a policy, the employer may decide to take disciplinary action.
  • Do self-employed staff need an employment contract?

    Whilst it is not a requirement, it is advisable to give a self-employed person some form of agreement or written terms. This is often referred to as a ‘contract for services’, setting out how the person is engaged and what services they agree to provide. Whilst self-employed individuals do not have access to the same rights as an employee, there are still requirements that have to be complied with, for example health and safety.
  • Can an employment contract be a verbal agreement?

    Yes, an employment contract can be agreed verbally. However, it is technically a legal requirement, and far more advisable, to have a written contract of employment to avoid any ambiguity.
  • Can you create employment contracts for me?

    Yes, we are able to review any contracts you currently have in place, provide re-drafting advice and draft new contracts from scratch.
  • How can I end an employment contract with an employee?

    The contract ends at the point the employee’s employment ends, whether that be via resignation, dismissal or redundancy (for example). There may however be clauses which remain in force, for example post-termination restrictions. If you require advice on terminating an employee’s employment, we can assist with this.

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