An employee has a legal entitlement to a written statement that sets out their Terms and Conditions of Employment. If you do not provide your employees with a written contract, terms will be implied from letters of engagement and from standard implied terms. These may not be ones that you would have included if you had prepared a formal Contract of Employment. We can prepare a bespoke Employment Contract to ensure that your needs are protected.
Terms In A Contract
The Contract should set out the full terms and conditions of employment such as payment, the amount of holidays, hours of work and any restrictions on your employee's future employment if they leave you. Covering so much important detail it is vital that you have a Contract for your staff drafted by specialist Employment Law Solicitors.
Implied Contract Terms
If you do not have a Contract of Employment drafted for your employees, any subsequent dispute with them is likely to be covered by some implied employment terms. These implied terms can include:
- The duty of mutual trust and confidence (not to disclose details about your employee in relation to their personal circumstances)
- Sick pay (payable for a resonable period of time)
- Christmas closing times (based on past history)
- Annual bonus payments
From an employer's perspective, it is far safer to agree the terms that you want to apply to your employees as opposed to have them implied by a Tribunal during a dispute. A professionally drafted Contract of Employment provides you with some certainty.
Breach Of Contract Terms and Implied Terms
If you breach any of your employee's terms, whether these are in the Contract or implied and this breach leads to a loss for your employee, they may be able to make a claim for compensation or constructive dismissal. If your employee threatens to or takes action against you you need early specialist advice to attempt to resolve the dispute as quickly and amicably as possible to keep costs to a minimum.
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