Employees Contract of Employment

A contract of employment is an agreement between an employer and employee which forms the basis of the employment relationship.

Should my employer give me a contract of employment?
Employers should provide a written statement of the main terms and conditions of employment within two months of employment starting. The written statement of the main terms and conditions of employment will include, for example, the start date of employment and salary. Many employers prefer to have a more comprehensive contract of employment tailored to the needs of the business. Having a written document in place will provide clarity and help to avoid future disputes arising over contractual terms. Some employees like to seek legal advice before signing a contract of employment to ensure that it is reasonable.

What kind of additional clauses might my employer include?
A contract of employment should be tailored to the needs of the business. Additional clauses might include longer notice periods particularly for senior positions, confidentiality provisions or restrictive covenants. An employee should ensure that they fully understand the implications of the clauses and raise any concerns before they sign the contract of employment.

Changing contractual terms
There are occasions when either an employer or an employee would like to change the contractual terms. Whenever seeking to impose a change, it is important that the parties have a period of consultation to avoid breach of contract problems arising. On the part of an employer, we find that many disputes arise because changes are unilaterally imposed at short notice and without consultation, leading to breach of contract issues arising and constructive unfair dismissal arguments. Taking the time to plan for changes can save a lot of time and cost as well as preserving the employment relationship.

Any changes should be reflected in writing which may include reissuing a contract of employment. Failure to properly document changes can result in future disputes arising over what was actually agreed.

What if I do not agree with the change?
Some employees prefer to raise any objection informally, however, where this is not possible a formal grievance can be raised. Some employers may also take steps to still impose a change which could result in a claim arising. Depending on the nature and timing of the problem, there could also be a basis for a constructive unfair dismissal claim. There are strict timeframes for issuing claims.