
For those that don’t know (or are choosing to ignore the fact) it’s the law! You are obliged toprovide all employees with certain terms of employment from day one. Go check out section 1of the Employment Rights Act 1996 if you don’t believe me!
A well-drafted contract avoids ambiguity by defining what is contractual and what is notbetween you and your employee, including bonuses, benefits and pay increases. The rule ofthumb is that if it’s the contract, it’s contractual and if it’s not, it’s not.
You can include consents to make deductions from pay, suspend, demote, lay off, put on shorttime working, attend training, medical reviews and monitor staff. Without such contractualprovisions, you will need to obtain specific consent before doing any of these things.
A bespoke contract can protect your business in a dispute and/or when an employee leaves.You can include clauses that cover repayment of training fees, protect your confidentialinformation and intellectual property and prohibit leavers from poaching your key staff andclients. You can also include terms relating to the return of property, garden leave and pay inlieu of notice if you wish to do so.
You can build in flexibility by allowing for certain clauses to be interpreted according to theneeds of the business. For example, the job title, duties, place of work and working time.If you don’t have a contract or your current contract does not provide these 5 essentialelements, get in touch to fix that now.