By law, employees are entitled to receive a statement of initial employment particulars (“a Statement”). This statement contains a minimum amount of information that all employees should be informed of and should be issued to an employee within 2 months of the commencement of employment. Whilst a Statement appears to be a contract of employment, it isn’t.
A contract of employment typically combines the Statement with many other clauses to make a binding contract of employment. To get most value from a contract of employment, it must be drafted to suit both the type of business and the employee or group of employees. For example, a contract for a senior employee will have a number of additional clauses as compared to a contract for a junior employee. For directors, a service agreement is normally advisable, again it should be tailored to take into account the additional responsibilities of the role.
Among the risks of having a poorly drafted, ‘off the peg’ or out of date contract of employment is that if there is ever a dispute, the contract may prove to be unreliable. Even worse, precious business could be lost.
At ConwayMcColl Solicitors, we have invested in having to hand excellent precedent documents including contracts of employment and service agreements, which we then tailor to suit the needs of our clients. We ensure the contracts have both the information required by law and the additional clauses required to suit the business. If you have apprentices or require employees to work term time only for example, again having the appropriate contract is key.
At ConwayMcColl Solicitors, we will advise you as to the most appropriate types of contract to have and we will draft them for you. We can supply you with accompanying letters so as to fully inform the employees why the contracts are being reviewed or updated and so alleviate any concerns.
If you are a business that feels that changes have to make to the terms and conditions of your employees, we can advise you as to how to carry out the process of changing or varying the contracts of employment, to ensure your employees understand the reasons for change and the process. By doing this, we can ensure the process is fair and legally compliant so as to help avoid claims. Again, we can prepare all letters and documents for you.