Basic Employment Contract
A basic employment contract is the agreement between the employer and the employee, which confirms the basis of the employment relationship. The contract is formed as soon as the offer of employment is accepted provided that the terms and conditions offered by the employer are clear and certain enough by that stage.
The contract must include minimum ‘statutory terms’, which are terms regulated or imposed by law. ‘Express terms’, are those specifically referred to in agreements that have been agreed by both the employer and employee, usually terms including the specific duties and responsibilities of an employee, and ‘incorporated terms’, are rules that have been included in contracts from other collective agreements. These may be from staff handbooks or collective agreements negotiated with unions or staff representatives.
The professional legal advice Davies and Partners Solicitors can offer when a company is producing an employment contract ensures that employer’s interests are best protected and that legal minimum standards are adhered to. This is crucial to companies as a well drafted basic employment contract offers much greater protection for the business. Without the safeguard of an employment contract, theoretically employees are able to leave without company required notice; they would be less likely to keep business information confidential, with employers having no documentation to enforce the specific rules and terms of their business.
The use of a basic employment contract provides the employee with clear knowledge of his or her responsibilities. This allows for a better understanding of job roles within the company and assists the smooth running of the business.
An employment contract can be terminated by an employee resigning or by an employer dismissing an employee or it may expire on the end of a fixed term. If an employee would like to resign they must give the notice specified in the employment contract, or statuary minimum notice if not specified. When dismissal is required, procedures must be applied to ensure fair and lawful dismissal of an employee. Davies and Partners Solicitors can provide the legal support needed throughout this procedural process to both employers and employees.
The employer must also reflect on the consequences of termination of an employment contact, such as employee rights, notice and pay, which must be carefully reviewed in order to ensure the employee receives what they are entitled to and minimises risk of claims.
The skilled team at Davies and Partners Solicitors can provide appropriate assistance and advice throughout the drafting, life and termination of contracts of employment. The professional support comes from a team of experienced and dedicated individuals that both employers and employees can rely on.
Don’t hesitate to contact Davies and Partners Solicitors for further information regarding the drafting, use and termination of employment contracts.