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Falkirk Boss Jailed – Do you Provide Written Contracts?

A manager has been jailed after he admitted forging documents in a bid to influence an employment tribunal.          

Jason Robinson, who managed a car hire firm in Falkirk, faked a contract of employment and disciplinary warning letter after a former employee accused him of harassment.

Edinburgh Sheriff Court heard that when Susan Moffat, who was a receptionist was sacked from the firm, Robinson created the documents to avoid paying her £1,750 compensation.  He was jailed for four months for perverting the course of justice.

The court heard that, while Ms Moffat was employed with Robinson’s firm she was paid her wages in cash and had never been given a contract to sign.

However, at an employment tribunal, Robinson produced a contract of employment and a letter of warning that he alleged had been signed by Ms Moffat.  She denied seeing the items and later produced copies of her signature which differed from those on the forged documents.   A tribunal subsequently found in her favour and she was awarded £29,500

Do you provide your employees with contracts of employment?

A contract is made when an offer of employment is accepted, and is an agreement between the employer and employee.  This is the basis of the employment relationship, and although most employment contracts do not need to be in writing to be legally valid, having written terms of conditions will reduce disputes and grievances during the period of employment, and beyond.  The Employment Rights Act 1996 requires employers to provide employees with a written statement of the main terms of employment within two calendar months of starting work.

Not all terms are always explicitly agreed in writing (express terms). The courts have established that all employment contracts have the following terms included, whether express or implied:

  • to maintain trust and confidence through co-operation
  • to act in good faith towards each other
  • to take reasonable care to ensure health and safety in the workplace

Some implied terms can become part of the contract because of the employer and employee’s behaviour, through custom and practice over time, or through a firm’s rules (particularly if the employee has been made aware of them and given access to them).

Do you know what to include? 

Employ Easily HR Services Ltd provides contracts of employment as part of our service, and tailor these to suit individual businesses.  As a guide, you should include some of the following: 

  • Employee’s name
  • Employer’s name
  • the date employment (and the period of continuous employment) began
  • pay
  • hours of work
  • holiday entitlement
  • entitlement to sick leave, including any entitlement to sick pay
  • notice of termination
  • Location
  • Details of disciplinary and grievance procedures.

These are obviously only some of the features of a written contract, and one of our Consultants can advise specifically what you require for your business.

To make sure your business is protected, and to avoid any disputes at work, please call us today on 0800 612 4772 or get a Free Quote for HR Services via our website.

 



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