Search

How can we help?

Business Employment

Contracts, policies & procedures

 

Our employment lawyers can ensure that your employment contracts, policies and procedures are frequently reviewed and applied consistently across your organisation.

Drafted correctly, your policies will help you to manage your business, comply with current legislation and deal with many day-to-day employment matters more easily.

We help clients to draft and implement robust employment policies and procedures including:

  • Contracts
  • Contractor agreements, IR35 and off-payroll working rules
  • Standard terms, staff handbooks, and general policies and procedures
  • Consultancy agreements
  • Service agreements for Senior Executives
  • Post termination restrictions

We also advise on the process to adopt when varying employment contractual terms and on contract and policy issues arising from mergers, acquisitions and disposals, including the application of TUPE.

An exceptional balance of expertise and personality.”

Legal 500

FAQs – Contracts, Policies and Procedures

Having a clear contract of employment for employees has a number of benefits.  It provides certainty for both parties clearly outlining what is expected and the agreed employment terms.  It can also include terms to help protect the business, including after the employee leaves, such as clauses around confidentiality, IP and non-solicitation.

A contract of employment can be changed if both parties agree.  It can also be changed by one party only if the contract permits this, for example if the contract contains a specific mobility clause.  If changes are not permitted by the contract nor agreed between the parties, it is possible for an employer to terminate the contract and offer employment on new terms but employers should take legal advice before taking this step.

There are many different types of employment contracts including permanent, casual, fixed term, full time and part time contracts.  There are also likely to be different contracts for different levels of employees such as directors, senior management and junior roles.

Employers are obliged to give their employees certain information about their in employment in a written statement (known as a ‘section 1 statement’).  This information is set out in full in Section 1 of the Employment Rights Act 1996 and includes certain information about the job role, start date, place of work, pay, working hours, pensions, paid leave, sickness absence, other benefits, notice periods, collective agreements and training requirements.

Employment contracts and policies should be updated as and when the information contained within them change.  Changes to employment contracts should be communicated in writing for clarity and, in some cases, employers are obligated by law to send changes in writing.

Most employers will issue a contract prior to the employee starting and will make employment conditional on the signing of the contract.  If they do not sign, their employment would not start.

However, there may be exceptions to this, for example if the employer and employee already have a verbal agreement or the employee has already started working for the employer before the contract has been signed.  Employers should seek legal advice in such cases where the position is not straightforward.

It will depend on the breach but generally speaking if an employee breaches the terms of their employment contract or business policies the employer could take disciplinary action against them.  It may also be possible for the employer to pursue a legal claim against them, for example a breach of contract claim.

Key contacts

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

Read, listen and watch our latest insights

art
  • 10 October 2023
  • Employment

Reasonable adjustments for mental health in the workplace- FAQs

Today is World Mental Health Day, a day indented to raise awareness of mental health problems. Mind estimates that 1 in 4 people have mental health problems, but that most do not receive the help that they need.

art
  • 04 October 2023
  • Employment

Are you ready for AI in the workplace

We are all aware from the media of the strides Artificial intelligence (AI) technology is making, and how it is beginning to permeate every industry, from artificially generated art being used a credits for A-list TV shows, to ChatGPT being used to write a court defence in the USA.

art
  • 27 September 2023
  • Employment

10 top tips for negotiating a redundancy settlement agreement

In today’s financial market, redundancies are unfortunately becoming a reality for many businesses and employees.

Pub
  • 22 September 2023
  • Employment

Talking Employment Law: New family friendly rights

In this first podcast in the ‘Talking Employment Law’ series, Lucy Densham Brown and Rebecca Dowle, members of the employment team summarise some of the big new family-friendly Bills that are working their way through parliament.

art
  • 07 September 2023
  • Employment

Birmingham Council Equal Pay Claims – How did it go so wrong?

This week, Birmingham City Council formally declared itself in financial difficulty. It issued a Section 114 Notice which states that it has insufficient resources to meet its expenditures and is unable to agree on any solution which would provide suitable funding.

art
  • 21 August 2023
  • Employment

Ethnicity Pay Reporting: Government response to the consultation

The Government consulted on a mandatory approach to ethnicity pay reporting in 2018. Which sought views on the benefits of gathering, monitoring and publishing ethnicity data; data handling, amongst other key areas.

Clarkslegal’s innovative approach to solving complex cases is consistent; their quality standards are extremely high and their staff are efficient and friendly – overall 11/10!”

Carrol Douglas-Welsh, Head of Employee Relations – Scottish and Southern Energy