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Employment Contracts

At Rowlinsons, we pride ourselves on some of the most reliable Employment Contracts Solicitors in Cheshire. We have been supporting local and national businesses in drafting contracts that fit their needs thanks to our expert and professional legal advice.

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Employment Contracts Lawyers for Employers

Our Employment Contract Solicitors in Cheshire are experienced professionals who have been supporting businesses for years. Rowlinsons Solicitors helps you draft contracts of employment which protect your business's interest.

Having a clear, legally binding agreement between you and your employees will also keep the risk of employment tribunal claims to a minimum.

We tailor our legal advice for employment contracts to how your business functions, its values, and its goals. The contracts we draft for our clients are always compliant with the current laws and regulations to ensure your business is protected.

With the support of our Employment Contract Solicitors, you will have the piece of mind of an employment contract that works for you, and helps you achieve the goals you have set for the business. Contact Rowlinsons Solicitors today for a free, no-obligation assessment of your case, and start protecting your business and your employees with a tailored employment agreement.

 

What is an Employment Contract?

An employment contract is a legally binding agreement between an employer and an employee. This document is crucial for a working relationship, as it outlines the basic terms of employment.

These agreements will include both express and implied terms. Express terms are put in writing, or discussed verbally, at the time an agreement is made. Implied terms, also known as terms implied by custom and practice, are not written in the contract, but are assumed to be agreed upon - such as duty of care and mutual trust and respect.

Contracts of employment will usually include:

  • Job responsibilities: a definition of the role and job title of the employee, their employment status, and the duties they are expected to perform on the job.
  • Compensation: the details of how much and how often the employee is to get paid, plus any additional financial benefits.
  • Working hours and conditions: a description of when and how long the employee is expected to work, including breaks and other conditions.
  • Entitlements: an outline of any holiday, absence, or sick leave rights and benefits.
  • Notice periods: a time limit on either or both parties on the notice required to terminate the agreement.

Our Employment Contract Solicitors may advise you to include additional clauses depending on your circumstances and the way your business operates, however these terms are included in the vast majority of employment agreements.

 

Why should I have an Employment Contract?

Every employee has a contract of employment as a matter of law. If you do not set out the terms of that contract in writing they may have to be determined by a Tribunal on the basis of what the employee and the employer said and intended.

This can be unpredictable and uncertain.  It is always advisable, therefore, to ensure that the terms of employment are not only agreed, but that the agreements are recorded in writing.

If an employer does not provide an employee with written confirmation of certain basic terms of the employment contract and the employee later makes a successful claim against the employer, an Employment Tribunal can award a further sum to the employee for the failure to provide a statement of these basic contract terms in writing.

To ensure that all parties are aware of their rights and obligations and to ensure that disputes are avoided we would strongly recommend that written statements of the main terms of employment are given to all employees from the outset of their employment.

 

What can I include in an Employment Contract?

In addition to the standard elements of job duties, salary, working hours, and entitlements, employment contracts often include several other crucial clauses. At Rowlinsons Solicitors, we ensure that every contract we draft or review addresses all necessary aspects to protect both employers and employees. Here are some additional key clauses that should be considered:

Confidentiality Clauses

These clauses are essential for safeguarding sensitive business information. They restrict employees from disclosing or using confidential data both during and after their employment.

Restrictive Covenants

These are vital for protecting a business’s interests post-employment and can include non-compete, non-solicitation, non-dealing, and non-poaching clauses. The enforceability of these clauses depends on their reasonableness in terms of duration, geographical scope, and nature of restrictions.

Dispute Resolution

This clause outlines the steps to be followed if a dispute arises between the employer and the employee, helping to avoid lengthy and costly legal proceedings.

Governing Law

It specifies the legal jurisdiction that governs the employment contract, crucial for businesses operating in multiple regions.

Social Media Use

With the increasing relevance of digital presence, a clause on social media use is becoming increasingly important. This clause typically covers:

  • The acceptable use of social media platforms both during and outside of work hours, especially when referencing the company or its related activities.
  • Restrictions on sharing confidential company information on personal social media accounts.
  • Guidelines on representing the company in a professional manner when using social media.

This clause helps in protecting the company's reputation and intellectual property and sets clear boundaries for employees' social media activities related to their employment.

A well-drafted employment contract that includes these key clauses is instrumental in establishing a clear and fair working relationship. At Rowlinsons Solicitors, we have the expertise to provide employment contract services that are comprehensive, compliant, and tailored to your unique business needs.

 

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What can lead to issues with employment contracts?

Having a clear employment contract is key to avoiding issues and disputes between employers and employees. We have helped countless businesses across the UK to minimise their risks and liability to claims and disputes by employees, drafting employment contracts that address issues such as:

  • Unfair contract terms: Having a well drafted contract is crucial to avoid claims by the employee regarding the fairness and balance of the terms.
  • Discrimination and Equal Pay Disputes: Issues related to discriminatory terms, such as those regarding pay, hours, or opportunities, can be avoided with the support of expert Employment Contract Solicitors.
  • Redundancy and Termination Clauses: Outlining the process for termination, including notice periods and severance pay, is vital to minimise the risk of an employee claiming they have been unfairly dismissed.
  • Changing Contract Terms without Consent: Any changes to an employment contract should be agreed upon. Altering the terms of the agreement without the employee’s consent can lead to disputes.
  • Breach of Contract: If either the employer or employee fail to fulfil their contractual obligation, they may be found in breach of contract, leading to disputes and claims.

At Rowlinsons, our Employment Contract Solicitors are leading experts in the field. We can help you draft agreements with your employees that keep workplace disruption and the risks of disputes to a minimum, allowing you to focus on what is important: growing your business.

 

What laws regulate employment contracts in the UK?

The Employment Rights Act 1996 outlines the duties of an employer to provide a written statement of employment particulars. This must include the basic terms and conditions of employment, such as pay, duties, and hours.

It’s important to notice that, in UK employment contract law, a “written statement” and an employment contract are not the exact same document. A contract may include additional clauses, for example regarding privacy or conduct.

Employment contracts must adhere to any additional regulations that apply, such as the current National Minimum Wage, the Statutory Maternity Leave (currently at least 2 weeks, and up to 52 weeks), and the employer’s duty to enrol an employee in a workplace pension scheme.

Our Employment Contract Lawyers are specialised in this area of employment law, and can advise you on how to draft a contract that is not only legally sound, but beneficial to your business’s interests.

 

Contact our Employment Contract Solicitors

If you are looking to draft or audit an employment contract, contact Rowlinsons Solicitors today for a free, no-obligation chat with our team of business solicitors.

Our Employment Solicitors for Employers in Cheshire support owners and managers in the drafting of legally sound employment contracts across the United Kingdom including individuals in Warrington, Widnes, St Helens, Chester, and Northwich, from our offices in Frodsham and Runcorn (Sutton Weaver).

We are always available to guide you through every step of the way. Your business goals are always our priority, and we always work to ensure your employment contracts reflect them and help your business run smoothly. To discuss your circumstances, contact us today.

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