Contracts of Employment

What are the benefits of having contracts of employment drafted by Warings ?

At Warings we believe that it benefits all businesses to generally have an ongoing relationship with employment lawyers they trust. It is a fact of life that when employing human beings, there are inevitably challenges along the way. Employment contracts often prove the start of a beneficial long term relationship not only with employees but with us as lawyers.

We fully understand that clients adopt a cost/benefit approach to legal services. It is entirely possible now to source decent employment contracts on the internet at low cost. However, one size rarely fits all and it often make sense to have a standard template amended by employment lawyers so it suits your requirements and  the staff needs and policies of your organisation. Engaging with us has a major benefit in that we will ask you the types of questions as part of the drafting process which encourage proper thought to go into your contracts of employment. If you don’t understand your contracts, how can you expect your employees to understand them ? More importantly, if you are not clear about certain issues and policies, how can you apply them properly and consistently ? If you have different types of employees, different roles and management levels, will one standard contract be appropriate for them all ? What happens when laws change, as they frequently do in employment law ?

We offer highly cost effective services of ensuring your business has the right contracts of employment, that you understand the underlying law and reasons for including or excluding certain clauses and that you get ongoing support for your employment contracts. The cost of instructing us is likely to be far less than dealing with one employment tribunal claim, so commercially, it’s a good investment.

Possible things to consider

There is a very long list of possible issues and clauses which may go into employment contracts. Some of the more topical ones at the moment are :-

• Anti-bribery and corruption, including policies relating to corporate hospitality and gifts
• Clear policies regarding flexible working
• Policies regarding data protection and social media and email usage
• Dress codes
• Bonuses
• Sickness absence
• Gardening leave
• Use of protective clothing & equipment
• Right to monitor and search employees
• Drugs and alcohol
• Restrictions on employees taking second jobs

All of the above are just examples of some highly significant issues where it is important to have clarity and consistency from the outset.

What are “implied terms” in an employment contract ?

Due to the importance of employment law and the inherent inequality in bargaining position between employer and employee at the outset of the employment relationship, certain terms are implied into these types of contracts and the Tribunals can also in some cases override express clauses which are seen as being “over the top”. Typical implied terms for employment contracts include :-

• a safe and healthy workplace
• Honesty and loyalty
• A duty of mutual  trust and confidence between employers and employees

What’s the position on varying employee’s  contracts ?

An employment contract is like any other contract in the sense that one party to the contract cannot unilaterally vary it. Seeking to change an employee’s terms and conditions without consent is a breach of contract and depending on which aspect you want to change, if it’s fundamental to the contract such as the role, amount of pay, changing without consent can lead to a claim for constructive unfair dismissal. There are ways of handling the possibility of changing employment contracts, but correct procedure and careful handling is vital. Warings can assist in these types of situations.

For advice on contracts of employment or employment law generally, please contact David Winston, head of the employment law team.