Employment contract lawyers
Get the contract terms correct from the beginning
The employment contract, service agreement or consultancy agreement should be the starting point for the Company’s working relationship with the people it engages. A well-drafted contract can set the tone and fundamental terms between the parties and ensure compliance with the law and best practice.
Putting down in writing the agreed terms on which someone will work for you, in clear language is also critical if you want to limit the risk of misunderstandings, disputes or claims in the relationship. And being clear about what is simply a policy or guidance that can be adapted and changed by the company to reflect business needs and changes in the law will also help mitigate against issues arising.
How employment contract lawyer can help you
We can help you draft senior director service agreements and contracts of employment for all your staff whether permanent, fixed term, part time or casual workers. We can ensure that your contracts are compliant with all legal requirements as well as ensuring that they offer your business appropriate protections though well-draft clauses covering confidentiality, IP and non-compete restrictive covenants. We can also advise you on worker status and IR35 and make sure you have the appropriate contract in place for the different working arrangements.
In addition to getting the fundamental contracts in place, we can help you prepare or update the supporting policies, relating to data privacy and data protection, disciplinary and grievance, absence and performance management, anti-harassment and bullying to name just a few. Please see employmetbuddy.com for a list of all relevant policies.
Contact our expert lawyers
If you need advice on or a contract or policy drafting or reviewed and updated please contact our team.
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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.
Contracts should be reviewed regularly to ensure that they remain compliant with legal changes, but also with business needs. A contract of employment drafted five years ago may not suit the changing requirements or structure of your business today. You should also keep all working arrangements under regular review to ensure that you are using the right type of contract.
It is possible to use templates available online but it is recommended that before you use a template contract you have it checked over by a lawyer to ensure that it actually works for your business, provides it with adequate protection and is up-to-date.
