New Year, New Staff, Same Old Contracts?
Written by Leah Waller
Senior Employment Consultant Solicitor
When was the last time you reviewed our Employment Contracts?
If it was pre-April 2020 then there have been some BIG changes and developments that may mean that your Employment Contracts are out of date and if the necessary information is not included this could mean:
- Your Employees are able to add a claim for breach of their Section 1 right to an existing claim
Although this cannot be brought as a standalone claim, it can be added to an employee’s existing claim and compensation could be up to four-weeks’ pay (subject to the Statutory Cap).
- Your Employees or Workers could ask an Employment Tribunal to determine the terms of their role
Both of these can cause unnecessary time, costs and stress to be incurred by the Company in dealing with the claims and can also have a detrimental effect on the reputation of the Company, not only because of bad reviews but also because Employment Tribunal Claims are public and open for searching.
So what should be included in an Employment Contract?
Here is a quick checklist:
-
The Names of the Company/Employer and Employee / Worker
-
Date Employment started / will start
-
Date on which Continuous Employment began
-
Pay
- scale or rate
- method of calculating such pay
- intervals at which payment will be made (weekly/monthly etc.)
-
Working Hours
- Normal Working Hours
- Days of the Week
- Whether Working Days are variable (how they vary or how variation is determined)
-
Holidays
- Holiday Entitlement including Public Holidays
- Holiday Pay
- Entitlement to Accrued Holiday Pay on Termination (including calculation)
-
Incapacity to Work / Sickness & Sick Pay
-
Any Other Paid Leave
-
Pensions and Pension Schemes
-
Benefits
-
Notice Period
-
Job Title and Job Description
-
End Date (if it is a Fixed Term Contract)
-
Probationary Period (Conditions and Duration)
-
Place of Work (or if the place of work will vary and indication of that and the address of the Employer)
-
Any Collective Agreements
-
Working Outside the UK for more than one-month?
- Duration of work outside the UK
- When work outside UK will be
- Currency for which pay will be made when working outside the UK
- Additional pay and any benefits provided due to working outside the UK
- Terms and Conditions upon return to UK
-
Training
- Training the Employer requires to be completed
- Required Training to be funded by the Employee
Now, this checklist is by no means exhaustive, but it does mean that you will be legally compliant!
We offer a free initial consultation, so why not take advantage and ensure your Employment Contracts are up to date…
We act for BOTH Employers and Employees and so, if there is anything you require assistance with, our Employment Department at Greystone Solicitors offer a FREE initial consultation and are more than happy to help.
Call us on 01582 343453 or email on Info@GreystoneSolicitors.co.uk