Employment contract solicitors for individuals/employees

If you need advice on your employment contract, including terms of employment, reviewing your contract and restrictive covenants, our employment law experts can help.

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Call us: 0161 475 7668

Employment contracts

What are employment contracts?

An employment contract is a legally binding agreement, setting out the rights, responsibilities, duties and obligations of you as an employee and also of your employer.

Having a written contract in place clearly outlines what is required from the working relationship and protects the interests of both parties.

Types of employment contracts

There are a number of different employment contracts you may be offered depending on the type of role and how the business operates. These are:

  • Full time contract
  • Part time contract
  • Fixed term contract
  • Agency worker contract
  • Freelance, consultant, contractor or self-employed contract
  • Zero hours contract
  • Apprenticeship contract

Which contract should be used will depend on the nature of the role.

What terms are included in an employment contract?

  • Express terms – the specific terms which have been agreed between the parties and are present within the employment contract itself. Express terms typically include things like pay, hours of work and notice periods.
  • Implied terms – often not specifically included within the contract itself but are ‘implied’ into the contract by common law or statute. Implied terms often come from custom and practice and can include things like duty of fidelity (acting with honesty in the best interests of the employer) and confidentiality.
  • Incorporated terms – incorporated terms are most often found in policies and/or the employee handbook. The employment contract might refer to the existence of a particular policy and will usually explain whether such a policy does, or does not, form a term of the contract.
  • Restrictive covenants –commonly found as a list of ‘post-termination restrictions’ within the employment contract. These restrictions aim to prevent the employee from doing certain things once their employment has terminated, for example working for a competitor for a specific time period and/or within a specific geographical range or poaching staff/clients.For an employer, the purpose of having restrictions in place is usually to minimise the risk of confidentiality breaches or the misuse of intellectual property. However, employers need to be careful that covenants are not overly restrictive, for example putting them in place for an unreasonably long time period (over 12 months), as this can render the restrictions unenforceable. Employees should keep this in mind when reviewing any restrictions contained in their own contracts.
  • Collective agreements – this is an agreement between an employer and a trade union. An employer can agree to terms and conditions with the union in relation to employees who are covered by the agreement.

What should be included in an employment contract?

The purpose of the contract of employment is to outline the terms and conditions of the job. The main elements which should be included are:

  • Job title and description
  • Date of continuous employment
  • Salary and benefits
  • Hours and place of work
  • Probationary period (if applicable)
  • Pension scheme
  • Holiday entitlement
  • Termination and notice periods
  • Employee confidentiality and restrictive covenants

 

Can I get my employment contract reviewed?

 Our employment lawyers can review your employment contract and explain any wording or clauses that you may not understand, have concerns about or that require further clarification.

 

Employment contract disputes, termination and changes to contracts

If you are considering leaving your job and require clarification on any post-termination restrictions contained within your contract, we can review your contract and advise you on the nature of the restrictions and the extent of their enforceability.

If your employer is trying to change the terms of your employment contract, we can provide advice on your rights and the enforceability of any terms and proposed changes.

Unless the contract specifically allows changes to be made, your employer must agree to a proposed change with you. If they fail to do so, you may have a claim for breach of contract. We can advise you on your prospects of successfully bringing a claim for breach of contract, the tribunal process, time limits and next steps.

 

What are employment contracts?

An employment contract is a legally binding agreement, setting out the rights, responsibilities, duties and obligations of you as an employee and also of your employer.

Having a written contract in place clearly outlines what is required from the working relationship and protects the interests of both parties.

Types of employment contracts

There are a number of different employment contracts you may be offered depending on the type of role and how the business operates. These are:

  • Full time contract
  • Part time contract
  • Fixed term contract
  • Agency worker contract
  • Freelance, consultant, contractor or self-employed contract
  • Zero hours contract
  • Apprenticeship contract

Which contract should be used will depend on the nature of the role.

What terms are included in an employment contract?

  • Express terms – the specific terms which have been agreed between the parties and are present within the employment contract itself. Express terms typically include things like pay, hours of work and notice periods.
  • Implied terms – often not specifically included within the contract itself but are ‘implied’ into the contract by common law or statute. Implied terms often come from custom and practice and can include things like duty of fidelity (acting with honesty in the best interests of the employer) and confidentiality.
  • Incorporated terms – incorporated terms are most often found in policies and/or the employee handbook. The employment contract might refer to the existence of a particular policy and will usually explain whether such a policy does, or does not, form a term of the contract.
  • Restrictive covenants –commonly found as a list of ‘post-termination restrictions’ within the employment contract. These restrictions aim to prevent the employee from doing certain things once their employment has terminated, for example working for a competitor for a specific time period and/or within a specific geographical range or poaching staff/clients.For an employer, the purpose of having restrictions in place is usually to minimise the risk of confidentiality breaches or the misuse of intellectual property. However, employers need to be careful that covenants are not overly restrictive, for example putting them in place for an unreasonably long time period (over 12 months), as this can render the restrictions unenforceable. Employees should keep this in mind when reviewing any restrictions contained in their own contracts.
  • Collective agreements – this is an agreement between an employer and a trade union. An employer can agree to terms and conditions with the union in relation to employees who are covered by the agreement.

What should be included in an employment contract?

The purpose of the contract of employment is to outline the terms and conditions of the job. The main elements which should be included are:

  • Job title and description
  • Date of continuous employment
  • Salary and benefits
  • Hours and place of work
  • Probationary period (if applicable)
  • Pension scheme
  • Holiday entitlement
  • Termination and notice periods
  • Employee confidentiality and restrictive covenants

 

Can I get my employment contract reviewed?

 Our employment lawyers can review your employment contract and explain any wording or clauses that you may not understand, have concerns about or that require further clarification.

 

Employment contract disputes, termination and changes to contracts

If you are considering leaving your job and require clarification on any post-termination restrictions contained within your contract, we can review your contract and advise you on the nature of the restrictions and the extent of their enforceability.

If your employer is trying to change the terms of your employment contract, we can provide advice on your rights and the enforceability of any terms and proposed changes.

Unless the contract specifically allows changes to be made, your employer must agree to a proposed change with you. If they fail to do so, you may have a claim for breach of contract. We can advise you on your prospects of successfully bringing a claim for breach of contract, the tribunal process, time limits and next steps.

 

Speak to a member of our employment team on 0161 475 7668 or get in touch via our contact form

Speak to a member of our employment team on 0161 475 7668 or get in touch via our contact form

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Why work with us

Why choose SAS Daniels for employment law support?

Employment law solicitors with your best interests at heart. We take the time to understand your individual situation at work and advise you on what would be the best outcome for you.

Employment solicitors frequently asked questions

View the most frequently asked employment contract questions that we get asked at SAS Daniels.
  • When should I be given an employment contract?

    Ideally this should be provided before you start your first day of work. However, the legal requirement is that you must be provided with your written terms no later than the first day of your employment.
  • Does a change of business ownership affect my employment contract?

    Although there will be new owners of the company, the identity of your employer stays the same. So your contract will not be affected. However, if there is an asset purchase, the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) may apply. This is something we can give advice on if it is applicable in the circumstances.
  • Is an employee handbook different to an employment contract?

    An employee handbook differs in that it is a collection of company policies. The handbook is usually not enforceable in the same way a contract is. However, if the employee’s contract states that a handbook or policy is contractual, it may be seen as part of the employee’s terms and conditions. If an employee breaches a policy, the employer may decide to take disciplinary action.
  • Do self-employed people need an employment contract?

    Whilst it is not a requirement, if you are a self-employed person it’s advisable to ask for some form of agreement or written terms. This is often referred to as a ‘contract for services’, setting out how the person is engaged and what services they agree to provide. Whilst self-employed individuals do not have access to the same rights as an employee, there are still requirements that have to be complied with, for example health and safety.
  • Can an employment contract be a verbal agreement?

    An employment contract can be agreed verbally, however it is technically a legal requirement, and far more advisable, to have a written contract of employment to avoid any ambiguity.

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