When it comes to contracts of employment, the needs of individual businesses will differ. Some businesses might simply need basic statements of particulars or contracts of employment for permanent employees but others might need contracts of employment for part-time staff or casual workers, contracts of employment for apprentices or more complex contracts of employment covering areas such as restrictive covenants, gardening leave, on-call / call-out requirements, and some may need Director Service Contracts or contracts of services for self-employed contractors.
For Employers that already have contracts of employment in place, we can review all existing documents and update them as required and for Employers that have nothing in place, we can produce effective contracts of employment for all staff members from scratch.
Whatever your requirements are, Employment Law Services (ELS) can help! Either as a ‘one-off’ exercise or as part of our Annual Retainer Service, Employment Law Services (ELS) will ensure your statutory obligations are met and that your business prevents problems and is protected.
Employment contracts set out the nature of an employment relationship, including the rights and responsibilities of employers and employees. While much of the substance of these documents will depend on the circumstances and needs of the business concerned, legal rules dictate that some specific aspects of the employment relationship must be accurately included in a contract of employment. At Employment Law Services (ELS), our team can provide bespoke guidance and support to ensure that your employment contracts are in full compliance with UK employment law.
An employment contract sets out the rights and responsibilities that employers and employees owe to one another. As a matter of law, all employers are required to provide employees with a written account of the nature of the relationship. This is, in essence, the employment contract, which should include, amongst other things, the following:
It should be pointed out that regardless of the kind of contract that is being considered – full-time, casual, part-time – the matters mentioned above must be included in the employment contract. Furthermore, it is also important to note that alongside these express terms, an employment contract will also include a number of implied terms. There are aspects of the employment relationship that, while not recorded in writing, apply by virtue of being general terms that are contained in most contracts of employment. These include:
It is true that while there are similarities shared by many contracts of employment, it is unlikely that all contracts will be identical. This reflects the fact that different jobs may require different things in line with seniority, experience or simply the nature of the role. This is particularly so when dealing with more complicated contracts which deal with non-solicitation provisions, arrangements for senior employees taking positions with competitor firms and limiting their involvement in current business affairs (gardening leave), and unique holiday entitlements to certain jobs or individuals of particular skills.
These provisions are generally not provided for in statute, and instead will be the subject of negotiation between employer and employee. However, it is vitally important that these terms, and those of any other employment contract, are negotiated and crafted by experienced advisors who are fully aware of the law in the area. Furthermore, only advisors with sufficient experience of employment law will be able to draft employment contracts with the necessary clarity to avoid any unnecessary disputes, and protect the business interests of the employer.
At Employment Law Services (ELS), our team understand that the needs of employers differ depending on the nature of the role that they are looking to fill. We also appreciate that some employers may already have some form of contract with employees, but may be concerned that the contract does not accurately reflect the nature of the relationship or is riddled with ambiguities. It is these issues which often cause difficulties to employers in attempting to deal with employees when difficulties can and do arise. We take pride in offering a service that aims to address these concerns of employers.
Employment Law Services (ELS) LTD is a leading provider of employment law and HR advice to businesses throughout Scotland and England & Wales. Our team, many of whom are recognised as experts in the field, have experience of working with SMEs across a variety of sectors, to provide efficient and reliable guidance to meet their particular needs. We operate across the UK, supporting some of the leading businesses in the food and drink and telecommunications sectors, amongst others. If you would like to find out how we can help to address your concerns regarding any aspects of employment contracts, contact us on 0800 6124 772 today.
If you’re not sure if your contracts of employment are up to date with current employment laws or don’t have any in place at all, Employment Law Services (ELS) can help. Contact US today on 0800 612 4772 for a free, no obligation consultation.