Employment Contract Solicitors

All employees should be provided with a written statement of certain terms of their employment from the outset. This statement is also known as a "section 1 statement" as it relates to section 1 of the Employment Rights Act 1996. Usually, employers will provide this section 1 statement as a contract of employment.

A section 1 statement should include the following:

• Job title;
• Place of work;
• Whether the employment is permanent or for a fixed term;
• Any probationary period applicable;
• Scale of rate of pay;
• Intervals of pay (i.e. monthly, weekly or four weekly);
• Days and hours of work;
• Holiday entitlement (including public holidays);
• Notice periods;
• Details of any requirement to work abroad;
• Any training which the employee requires the employee to complete;
• Any other benefits and any rights to paid leave;
• Any disciplinary rules applicable to the employee;

Whilst usually all employment details are contained within the employment contract itself, a section 1 statement may refer the employee to a reasonably accessible document containing:

• Information relating to incapacity and sick pay provisions;
• Pension information;
• Additional training provided by the employer;
• Any collective agreements that directly affect the employee’s terms;

Employment contracts can still be formed between two parties even if they are not in writing, so a contract is not required to be signed.

Additionally, all employment contracts are subject to both express terms (the terms included in any written contract) and implied terms (such as the duty to obey lawful and reasonable orders).

However, it is clearly in both parties' interests to obtain a signed agreement; otherwise, it may be difficult to establish the terms and there may be disputes.

A contract of employment is a legally binding agreement. Once it is made, a contract may only be amended in accordance with its terms (which may, in limited circumstances, include flexibility clauses) or with the agreement of all parties.

Advice is often essential at the outset of the employment relationship to ensure that terms are understood and difficult issues anticipated. Once a contract of employment has been signed, it may be difficult to renegotiate terms unless there is a specific bargaining position, such as a change to your role or workload.

However, if you feel that during your employment, your employer may be breaching your contract and/or making unilateral changes, it is recommended that you take legal advice.

Additionally, if you are concerned about the interpretation of certain clauses in your contract, such as restrictive covenants and how they may impact you, or if you are looking to give notice to resign and are concerned about how best to do this in the context of certain onerous terms in your contract, it is advisable to seek legal advice before signing any new contract and before taking any steps that could breach your contract.

We know that clarity on costs is vitally important to our clients. As standard practice, we give our clients an estimate of the costs involved in undertaking any piece of work at the outset and then provide regular cost updates.