Employment Contracts & Agreements

Employment contracts and agreement legal advice

Well drafted, up-to-date employment contracts and agreements are essential elements for managing your people and are crucial to achieving your goals. They also help to protect the business both at the start and at the end of the employment relationship and provide transparency around rights and duties. They protect against any unnecessary disputes.

Employment law is complex and changes rapidly, so ensuring that your documents are up-to-date and reflect current law is vital for protecting your people and business.

Do I have to give staff an employment contract?

It’s a statutory requirement to provide employees with a written contract; this should be given to them within two months of them starting. The contract should contain certain information, such as:

• The employer’s name and employee’s name
• The date on which employment will begin
• The employee’s job title and a brief description of their duties
• The place of work and address
• The employee’s salary and how frequently they will be paid
• Working hours
• Holiday and holiday pay entitlement
• Sickness and sickness pay entitlement
• Notice periods
• Pensions
• Information on disciplinary rules and procedures or where to find these, such as a company handbook
• How to make appeals against disciplinary sanctions and who to send appeals to
• How to make a grievance and who to address these to

What happens if an employee does not sign their employment contract?

An employee does not have to sign the contract provided they accept the terms of the contract, have verbally agreed to the terms of the contract and both the employer and employee continue to work in accordance with the terms of the contract as though it had been signed.

If the employee has not signed the contract because they do not agree to the terms in the contract, then you should discuss this with them before they start working to see if you can come to an agreement. If you fail to resolve the matter, we would suggest seeking legal advice to discuss your next steps.

What clauses are usually contained in a settlement agreement?

Since settlement agreements are usually seen as a clean break between the employer and employee, it is usual to include clauses such as asking the employee not to disclose any confidential information, return all company property, not to disclose the existence of the settlement agreement and its terms and not to make any derogatory terms about their former employer.

Depending on the circumstances, the settlement agreement might also contain clauses preventing the employee from poaching customers or other employees.

How do I know if I’m offering an employee a fair sum in a settlement agreement?

The sum you might offer an employee in a settlement agreement will depend on the situation surrounding why you are terminating that employee’s employment and whether the employee can make any potential claims against you.

The settlement agreement should state whether the sum being offered compensates the employee for the rights they are giving up.

Why use Rothera Bray for employment contracts and agreements?

Our team of employment law and HR specialists will work with you to understand your organisation, its culture and what you want to achieve. We then ensure that your contracts and handbooks are tailored to your business and provide the necessary flexibility to allow you to manage your people in a way that works for your business.

We will also regularly review your contracts and handbooks to ensure they remain compliant and relevant.