EMPLOYMENT LAW

What should a Contract of Employment include?

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Your Contract of Employment will include the terms of your employment.

A contract of employment is a legally binding written agreement between employer and employee. It sets out the terms of employment.  The main things you can expect to find in your contract of employment will include the following.

When should I be given a Contract of Employment?

You should be given a contract of employment when you start work, or at least a statement of basic terms and conditions including the basic information mentioned below.

Is a Contract of Employment one document?

Not necessarily – some employers use single documents with all contractual terms and conditions, but others use a short statement of your personal terms, then a longer general document with general terms that apply to all employees.  Some employers provide all terms at or before you start work, while others provide only the basic terms required at the start, with other details following later.

What is a Written Statement of Employment Particulars?

A written statement of employment particulars is another name for an employment contract, and could also mean a short document with just the basic terms that employers must issue when you start work.

What is an Office Manual?

An office manual is another name for a staff handbook or employee handbook.  It will usually contain lots of policies and procedures that the employer uses to help deal with employment related issues (like disciplinaries, equal opportunities, email policy).

Details of a Contract of employment

Your contract of employment has to include:

  • NAMES – you and your employer
  • START DATE – of your employment
  • CONTINUOUS EMPLOYMENT START DATE – if different
  • PLACE OF WORK – including details of places the employee is permitted to work
  • JOB TITLE
  • NOTICE – you to your employer and vice versa
  • PAY – how much and how often you’re paid, including contractual bonuses
  • BENEFITS – eg health insurance, pension
  • NORMAL WORKING HOURS & DAYS – and whether they may vary
  • HOLIDAY & SICKNESS – how much and details of pay
  • OTHER TYPES OF LEAVE
  • FIXED TERM – if applicable
  • PROBATION PERIOD
  • COLLECTIVE AGREEMENTS – details of any collective agreements that apply
  • WORKING OUTSIDE THE UK – whether you’re required to work outside the UK for more than one month
  • TRAINING – any training entitlement provided by the employer, details of training you must complete, and any other required training which the employer will not pay for
  • DISCIPLINARY RULES/PROCEDURES
  • GRIEVANCES – who to raise a grievance with

Your Contract of Employment should be in writing.

What else should a Contract of Employment include?

In addition to the basic terms required (see bullet points above), a contract of employment should include express confidentiality provisions, cross reference to any policies that are contractual or which if you breach them could lead to disciplinary action, such as an anti-bribery policy and facilitation of tax evasion policy.  Many contracts of employment will include post termination restrictions, controlling your activities after you leave, such as prohibitions against poaching clients or colleagues, and limitations on where you can work next.

Office Manual/Employee Handbook

Some terms of your employment may be held in an office manual (also known as an employee or staff handbook).  This will be available to all employees and other staff. However, not all terms in a handbook will be contractual.  A handbook might include:

  • INFORMATION ABOUT THE BUSINESS, HOW IT OPERATES, ITS CULTURE AND AIMS
  • GRIEVANCE POLICY
  • DISCIPLINARY POLICY
  • ANTI-BRIBERY POLICY
  • FACILITATION OF TAX EVASION POLICY
  • EQUAL OPPORTUNITIES/EDI POLICIES
  • COMMUNICATION/EMAIL/SOCIAL MEDIA POLICIES
  • SICKNESS & INCAPACITY POLICY
  • PENSION INFORMATION
  • ESG INFORMATION

Need more help?

If you need more help with the subjects covered here then do reach out to our expert online employment law solicitors.  You can email us at employment@qlaw.co.uk or call 03300 020 863.

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