Contract Negotiations

To read the Employee Contract Negotiations section please follow this link.

Employer

A Contract of Employment is an agreement between an Employer and Employee and forms the basis of their employment relationship. A contract begins as soon as the offer of employment is accepted. Starting work is evidence that the Employee accepts those terms of employment.

Most Employees are entitled by law to a written Statement of the main terms and conditions. of their employment within two calendar months of their starting work, otherwise they can be entitled to compensation. The Statement should include certain information relating to pay, hours of work and entitlement to holidays. It is essential the Employer ensures all relevant clauses required by Law are included.

It may also be in the Employer's interests to include other clauses to protect their interests, for example:

  • Relating to the requirement to wear a uniform and who is responsible for its care;
  • To prevent a senior Employee going to work for a competitor for a set period of time following their leaving the Employer, or preventing the poaching of staff;
  • A confidentiality clause may be advisable in order to protect sensitive or confidential information;
  • Longer periods of notice than provided by Law,
  • A "flexibility clause" which enables the Employer to make certain changes to some conditions of the Employment Contract, for instance with regard to relocation.

It may be advisable that some clauses are not contained in the actual Contract of Employment but referred to in the "Staff Handbook" making it easier to change such clauses in the future, for instance with regard to sickness absence.

It is always best to have a clear and concise Contract in order to save misunderstanding and to avoid costly disputes.

What We Can Do For You

The above is for general information only and should not be construed as formal legal advice. We understand the impact your employee contracts can have on you and your business. If you believe your contract is not in your best interest or in the best interest of your employee, please get in touch. Our approach is efficient, prompt and knowledgeable; we assess problems and identify solutions as quickly as possible to bring your case to a satisfactory conclusion with a minimum of fuss.

Employee

A Contract of Employment is an agreement between an Employer and Employee and forms the basis of their employment relationship. A Contract begins as soon as the offer of employment is accepted - starting work is evidence that the Employee accepts those terms of employment. It is therefore important the Employee is clear with regard to the terms of employment before starting work.

Most Employees are entitled by law to a written Statement of the main terms and conditions. of their employment within two calendar months of their starting work; otherwise compensation can be claimed. The written Statement should include certain information relating to pay, hours of work and entitlement to holidays.

Certain things which are not included in the written Statement can be imported into the Contract such as custom and practice and terms that are necessary to make the Contract work.

It is important to check the Contract carefully with regard to what is known as "restrictive covenants" which can bind the Employee even after his or her employment has come to an end, with regard to such things as working for a competitor, working in a certain area for a specified period.

The Contract may require the Employee to give a longer period of notice to leave the Employer than is required by law. It is advisable to check this to ensure the period of time is acceptable.

It is always advisable to be clear as to what is in the Contract and to ensure that you agree with it all before signing. Otherwise it may be too late and you will be bound by terms which you did not fully understand and which are not beneficial to you.

What We Can Do For You

The above is for general information only and should not be constituted as formal legal advice. We understand the impact your contract can have on you and your future. If you have been working for a firm for more than two months and not received your contract of employment, or you believe your contract is not in your best interest, please get in touch. Our approach is efficient, prompt and knowledgeable; we assess problems and identify solutions as quickly as possible to bring your case to a satisfactory conclusion with a minimum of fuss.

Contacting Us

Fosters Solicitors Team of Business & Commercial Lawyers have a wealth of experience and knowledge to assist you in relation to any legal query or matter you may have. Call us on 01603 620508 or complete our and a member of the department will be in touch very soon.