Employment legislation is introduced twice yearly and as such it can often be difficult for employers and employees to keep up to date with the same. Accordingly, we regularly review contracts of employment to ensure that they are in keeping with the current legislation.
Section 1 of the Employment Rights Act 1996 states that an employer must, within 2 months of employment commencing, provide to the employee a written statement of terms and conditions relating to specific particulars.
As well as ensuring that contracts incorporate the very minimum requirements, we also draft and/or provide advice on further clauses and policies that may assist that particular employer or employee.
Reorganisation/changing terms and conditions
When restructuring or reorganising a business, it is often the case that an employer needs to amend an employee’s terms and conditions of employment.
An employer is not legally entitled to make any changes to an employee’s terms and conditions of employment unless that employee agrees. Indeed, as an employee is unable to simply provide themselves with a pay rise, an employer cannot simply change the employee’s contract. To do so could result in the employee resigning and successfully claiming Constructive Dismissal against the employer. Notwithstanding the above, there are circumstances when terms and conditions may be changed.
Directors and Senior Executives
Although with some employees a straightforward contract of employment consisting of only terms and conditions may be sufficient, it is advisable to ensure that Directors and/or Senior Executives have sufficient contracts in place in order to protect the business. Without a sufficient contract in place, a Director and/or Senior Executive may, for example, be free to compete, solicit former customers or poach staff following termination of their employment.
If the systems you have in place for your company are not coming up to scratch then why not give us a call on 01908 660 966 or fill out our online contact form. Our dedicated employment team can help.
