Employment Contract Law Advice & Drafting

A contract of employment is an agreement that sets out an employee’s employment conditions, rights, responsibilities and duties.

It is a legal requirement that an employer must give a Written Statement of Employment Particulars. This is not necessary a contract of employment, but it should include the main conditions of employment.

The employer must provide the Written Statement within 2 months of the start of the employee’s employment.

If you fail to do so your employee may bring an employment tribunal claim against you.

Also, It is important that the contract is written so that both parties know what is expected. This can also avoid disputes in the future.

A contract should include

• the business’s name and address
• the employee’s name
• job title or a description of work
• start date
• if a previous job counts towards a period of continuous employment, the date the period started
• how much and how often an employee will get paid
• hours of work (and if employees will have to work Sundays, nights or overtime)
• holiday entitlement (and if that includes public holidays)
• location of work

It also should include information about

• how long a temporary job is expected to last
• the end date of a fixed-term contract
• notice periods
• collective agreements
• pensions
• grievance procedure
• how to complain about how a grievance is handled
• how to complain about a disciplinary or dismissal decision

The contract does not have to be limited to the written agreement. You may incorporate an employee handbook or a written letter to alter the agreement. Therefore, if you were, for example, to give someone a pay rise you do not have to alter the original contract.

If you want to find out more information about a contract of employment please do not hesitate to contact us.