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A well-drafted employment contract creates the foundation for the employer/employee relationship. It is vital that you create the right document from the start and our employment advisers can assist you from the consultation stage through to the drafting of the document and finally providing regular checks to ensure your employment contracts are in line with current legislative requirements.
Whether you are a SME or a multi-national organisation, our solicitors have the necessary background, qualifications and experience to ensure your contracts are drafted to protect your best interests and harmonise your employment relationships.
What Constitutes an Employment Contract?
As soon as a person begins to work for a particular organisation there is a contract between the employer and employee. The contract does not have to be in writing, there are basic implied terms covering health and safety responsibility and rights to a certain amount of annual leave that apply the moment that an employee accepts an offer of employment.
As an employer you will already be bound by implied mandatory terms, therefore it is better to take the time to draft your own contract that sets out the terms, conditions and the type of relationship you wish to create between you and your staff.
Our employment team will sit down and talk with you about your business and your values, and draft a bespoke employment contract that suits your business.
Individual and Collective Agreements
Our experienced lawyers can assist you in drafting contracts between yourself and an individual employee as well as large, collective agreements between a company and employee representatives such as trade unions. We will assist you with negotiations to ensure that win/win clauses are drafted as well as detailed grievance procedures which will assist you in avoiding costly disputes at a later date.
Tips for Drafting an Employment Contract
- An employer should make clear which parts of the contract are legally binding
- Minimum statutory rights cannot be contracted out of, an employment contract can only improve on the minimum rights, not decrease them
- In order to avoid a situation where you are accused of constructive dismissal make sure you draft job descriptions as flexibly as possible
A compromise agreement is a legally binding agreement entered into by an employer and employee. It protects the employer from future action by the employee for any breach of statutory duty it may have committed. Under this agreement the employer will usually pay the employee a sum of money in exchange for his promise to make no further claims. Our employment team can draft the compromise agreement and ensure you achieve the best possible position and protection. We can liaise with the other party and negotiate the terms of the agreement until you are both in a position to conclude the contract, quickly and efficiently.Find out more
At Saracens, our specialist employment team are at hand to draft employment contracts for employees from a range of backgrounds and of varying seniority. Our method of drafting enables us to limit the possibility of employment claims being brought against you. We are also at hand to review your existing employment contracts to ensure that they meet all current legislative and regulatory requirements. The membership of the UK to the EU has vastly changed the legal employment landscape and so it is essential to ensure all employment contracts are compliant with these changes.Find out more
Employee handbooks and policy documentation, such as health and safety booklets, help to ensure employees understand their role and procedures within the business. Such documents help to protect your business from employee disputes and costly litigation. Our employment team can assist with drafting tailored handbooks that meet your specific business needs. If the handbook is required by law, we will ensure that all necessary criteria are met in the handbook’s content. Our team can also review existing policy documentation to provide advice on any updates that are necessary or desirable.