What is an employment contract/agreement?
In the UK, an employment contract is an agreement between an employer and an employee on his or her employment conditions, rights, and duties within the workplace. It signifies a legal ‘relationship’ between an employer and an employee.
An employment contract does not have to be written down and can be verbal. However, the employee has a right to receive what is called a ‘written statement of employment particulars’. These written terms must adhere to the national employment law (also called the ‘statutory terms’) and can have ‘implied terms’ that are not written but mutually agreed upon (e.g., implied by customs, or standards of behaviour). The employee can raise grievances if the written terms are not followed.
What is included in an employment contract?
The ‘principal statement’ of this written statement must at least include information on the start date, payment, hours of work, job responsibilities, holiday entitlement, location of work, probation period, other benefits, and obligatory training. This document is often referred to as the contract, but an actual employment contract may be broader and may include verbal agreements.
Employment contracts may also include terms that are binding not just during the employment but post-termination. These usually include ‘restrictive’ clauses (that prevent you from working for a competitor) and confidentiality clauses.
How can Sharper Labs Legal Team help?
We can advise and check on employment contracts to provide legal protection for you. There are basic employment rights that must be met in the contracts.
We can also help solve disputes that can arise when an employer tries to change terms without any intimation to the employee, or when the contract is breached by either the employer or the employee. We will initially advise on informal mediation methods, which are less costly and quicker in the process than immediately resorting to litigation. But when necessary, we may also advise you in claiming an employment tribunal based on the contract, or a successful constructive dismissal (resigning from job due to a breach of contract).
We can also advise you if you are facing trial or discipline for your breach of the contract by preparing defense documents.
If you are new to work, we will also assist you during the probationary period on possible disagreements about the contract or unfair early dismissal.
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