- Most employers are aware that there is a need to provide their employees with a contract setting out the terms and conditions of their employment. It is more than good practice it is a legal requirement to provide this document on time. According to the Employment Rights Act 1996, employees must receive a written statement of particulars on or before their first day of employment.
The contract as a minimum must set out the following
Employer and Employee Details
- Names and Addresses: The full name and address of both the employer and the employee must be clearly stated. This identifies the contracting parties and ensures legal clarity.
2. Job Title and Description
- Title: Specify the employee’s job title.
- Duties: A concise description of the main duties and responsibilities associated with the role. This helps in managing expectations and clarifies the scope of work.
3. Start Date and Duration of Employment
- Commencement Date: Clearly mention the start date of employment.
- Duration: If the contract is for a fixed term, state the end date. For permanent roles, indicate that the employment is ongoing until terminated by either party.
4. Probationary Period
- Length and Conditions: Outline any probationary period, including its duration and the conditions for passing it. This period allows both parties to assess suitability.
5. Place of Work
- Primary Location: State where the employee will be working. If there are multiple locations or the role requires travel, this should be specified.
6. Working Hours
- Normal Working Hours: Specify the number of hours and the days the employee is expected to work. Include details of breaks and any flexible working arrangements if applicable.
7. Remuneration and Benefits
- Salary: Clearly state the employee’s salary, payment frequency, and method.
- Benefits: Outline any additional benefits if any, such as pension schemes, health insurance, company car, etc.
8. Holiday Entitlement
- Annual Leave: Specify the number of days of paid leave the employee is entitled to, including public holidays and how they accrue.
- Holiday Year: Define the holiday year (e.g., January to December) and any rules around carryover or holiday approval processes.
9. Sick Pay and Procedures
- Statutory Sick Pay (SSP): Explain the company’s sick pay policy, including any provisions for occupational sick pay and the process for reporting sickness.
10. Notice Periods
- Notice by Employer and Employee: State the required notice periods for both the employee and the employer in case of termination. This ensures clear expectations for contract termination.
11. Disciplinary and Grievance Procedures
- Policies: Provide details on the company’s disciplinary and grievance procedures, ensuring they comply with legal standards. It’s essential for both parties to understand the procedures for handling disputes and disciplinary actions.
12. Confidentiality and Restrictive Covenants
- Non-Disclosure: Include clauses that protect sensitive company information.
- Social Media : include clauses that protect the company from unauthorised use of social media describing the company, its products or services, employees, customers or clients .
- Post-Employment Restrictions: If applicable, specify any restrictive covenants such as non-compete, non-solicitation, and non-poaching clauses.
13. Health and Safety Obligations
- Employer Responsibilities: Outline the company’s commitment to maintaining a safe workplace.
- Employee Responsibilities: Highlight the employee’s duties regarding health and safety regulations.
14. Collective Agreements
- Union Agreements: If any collective agreements affect the employee’s terms and conditions, these should be referenced.
15. Amendments to the Contract
- Change Process: Describe how any changes to the employment contract will be communicated and agreed upon, ensuring transparency.