The Commercial Employment Law Solicitors are assisted businesses across the UK on day-to-day employment issues, and also those companies who are facing legal action. If you are looking at creating or drafting a new contract of employment for your employees, employment solicitors will be able to assist you, oversee the drafting and ensure that the objectives and aims of your business are in accordance with the contract of employment.
When necessary, Employment Law Solicitors can also help your business through the process to vary the terms and conditions of employment, either as part of a restructure process on an individual basis, or full specific employees where large numbers of people are being moved. They will ensure that your business does this in a lawful, proportionate and non-discriminatory way, while keeping your business objectives paramount at all times in this process.
Why employment contract is so important within the “eyes” of UK law?
A contract is an agreement between two parties which is enforceable by UK law. A contract of employment is legally binding when an employee agrees to work for an employer, in return for pay. The contract can be verbal of written; however, it is advisable always to have a contract of employment written.
The contract terms can be expressed in the contract, or implied, and the written statement should usually contain the rate of pay, the job title, pension scheme membership and holiday entitlement. Implied terms include those that may not be referred to in any contract for which the law would assume automatic, for example, minimum wage requirements, the right not to be subjected to discriminatory behaviour, etc.
A contract is so important because if you breach one of these terms then an employee is legally entitled to claim compensation through the Employment Tribunal which is why it is imperative you get the contract lawful and correct initially.
What are the advantages of a written contract?
A full written contract gives an extra layer of certainty to employees and employers alike. Whereas a statutory statement of terms is just evidence of what was agreed, and it contains the terms themselves. The document will be conclusive as to what the terms are.
Many employers wish to insert anti-competition clauses into an employment contract. The aim is to restrict the employees activities for a period after the end of their employment. Such clauses can be very helpful and effective, but they need careful draughting. Unless they are written in very precise terms, they will be impossible to enforce.
When is an employment contract lawyer necessary?
There are several reasons that an individual or company might need an employment contract lawyer in this day and age. Legal experts, such as law solicitors that are familiar with the language and laws regarding employment procedures and contracts can be useful in a couple of important situations that involve employees and employers. They can provide expert employment legal advice to those that are in need of protecting their interests. They are essential in draughting the contracts between two entities that will be working with one another on a specific project over a predetermined period.