Employment Contract Lawyers

Our nationally recognised employment law department includes specialist Employment Contract Solicitors who are best placed to help protect your company’s interests.

Employment Contracts are legally binding commercial agreements that form the framework for the relationship between employer and employee. A carefully drafted Employment Contract bespoke to your operation and the responsibilities that will be placed on employees is crucial to offering protection and minimising risk.

The importance of drafting contracts of employment that are unique to the nature of a specific business is often overlooked. This can leave you liable for employment tribunal claims. If you want to make sure you have the best protection for now and in the future, then the expertise of our Employment Contract Solicitors will guarantee peace of mind

As an employer, it is vital that all new employees are furnished with a written statement, describing their role and responsibilities, within two months of starting their employment (this must include specific criteria if it is to comply with the Employment Rights Act 1996). Without doubt the best way to cement this new work relationship while setting out the terms of employment is through an Employment Contract.

At Mounteney Solicitors, we take the view that no two businesses are the same and what might work for one business will not necessarily be effective for another. In employing people to work for your business, the smartest and safest option is to instruct our Employment Contract Solicitors to create a bespoke, well-drafted and thorough employment contract, tailored to your needs and that of how your business operates.

In seeking expertise from qualified and nationally recognised Employment law specialists at Mounteney Solicitors you are making an invaluable decision to protect your business, protect your people and future employees, while mitigating a whole range of possible risks.

What is commonly included in Employment Contracts?

An Employment Contract is the most important documentation that exists between an employer and their employees that the Courts would deem as legally binding. The law implies a duty on an employer to provide a written statement of employment terms within a short time of employment commencing, outlining penalties for not doing so.

Employment is a very common agreement, long-established legal relationship. It is subject to extensive statutory and case law.

  • Employment gives rise to certain rights between the parties relating to matters of social policy, such as limits on minimum wages, working hours, holidays, an entitlement to payment for sickness or parental situations, and also on termination of employment such as redundancy.
  • British Law protects some employment relationships so that they cannot be varied other than by certain methods, and UK tax authorities commonly require the employer to deduct from and account for Income Tax and employees’ National Insurance contributions from pay.
  • All terms are subject to obligations on the employer to record, report and account for employment in particular ways. This is commonly undertaken by payroll services.

When two parties enter an employment agreement, they are legally obliged to specify the many terms in their relationship. This is especially true of senior executives and employees expected to become a valuable party of the employer’s business.

Our employment contract service for senior employees includes producing a full contract, with obligations of loyalty and appropriate controls such as post-termination obligations.

How We Can Help

If any kind of contract, whether that of employment terms or other, is ambiguous and open to interpretation, then the contract will always carry a potential risk.

We will talk you through the basic legal requirements and then recommend a range of additional clauses. Our employment law solicitors aim to create a contract of employment that is genuinely tailored to meet the individual needs of your business.

We will provide you with the specific advice you need and regularly update you on the progress of your employment contract as it is created.

Our employment solicitors are also happy to agree a deadline with you for carrying the work, and are able to offer a range of pricing options, including fixed legal fees.

Whether we are drafting Employment Contracts for junior members of the workforce or your senior execs, you can have confidence that our Employment Contract Lawyers have the experience and commercial acumen to have considered all eventualities when we make our proposal to you.

Why should I have an employment contract?

There are countless types of claims that an individual can bring against their employer. A well-drafted contract of employment will give you maximum protection from the outset, outlining behaviours that constitute breach of contract by the employee. Other reasons for creating an employment contract, or reviewing an existing one, include:

Avoiding financial penalties

If you do not have a contract of employment, your employee can potentially claim four weeks’ pay from you. They are entitled to receive details of certain legal provisions within eight weeks of them starting work. Having a clear contract drafted for all employees limits your liability for costly settlement agreements down the line.

Preventing unfair competition and protecting your customer base

Employees sometimes leave to work for a competitor or to set up as competition. In both cases, your business will be at risk. Our solicitors can include specific contractual provisions such as restrictive covenants that restrict the ability of ex-employees to remove confidential information and/or damage your customer relationships.

Outlining disciplinary procedures

Many employers make the mistake of not including procedures for the handling of grievances and misconduct in their contracts, leaving them liable for claims by their employees. There should be a clear protocol to allow employees to both be informed of rights and duties, and dispute disciplinary actions as they see fit. If the process is not clearly agreed upon, an employee may be eligible to make claims for unfair or constructive dismissal.

Reclaim costs

Unless otherwise stated in special provisions in an employment contract, you have no right to reclaim overtaken holiday pay, training fees or other expenses that have been paid for or on behalf of the employee were they to leave part way through the holiday year or before the benefit of the training had been obtained by the business.

 

A little time and investment at the outset of the employment relationship can result in substantial savings for the business later down the line. Get in touch with our employment law team for help with contracts of employment.

How long will it take to draft an employment contract?

The time our work takes to conclude will depend on precisely what we are asked to do, but we would generally expect to have taken your instructions within two days of you having bought this product. We would normally expect to have produced a usable template within 4 working days. Special dispatch may be available where necessary at an extra charge.

Our work for you includes:

  • Ascertaining from you the full circumstances
  • Preparing an appropriate Employment Agreement template
  • Advising on the negotiation and execution of that form
  • Offering advice and support throughout the process.

Employment Rights Act 1996 Section 1 requires all new employees to receive a statutory form outlining their basic terms of employment, prior to their commencement of work; failure to adhere to this requirement is actionable in the Employment Tribunal with compensation for failure to adhere of up to four weeks’ basic pay (currently up to £2,100 in total). Employment Tribunals normally make an award toward the maximum level possible.

We will draft the relevant notice for you, that you should provide.

How much will it cost to draft an employment contract?

Your supplier is unregulated Mounteney Legal Services Limited, that does not charge VAT

Our work will be charged at a fixed fee of £375

There is more about our fees on our website here

If you have any questions or require any further information, please don’t hesitate to Contact Us.

Statutory Terms notice fees are £275

Contact our Employment Contract Solicitors in Stockport

For a discussion or help creating an employment contract for your business or for advice on amending terms of an existing employment contract, contact our Leeds, Sheffield or York office to speak to one of our solicitors today by using the details on the form.

We have experienced HR Lawyers and Employment Lawyers ready to answer your enquiries via email or telephone.

Mounteney Solicitors is a leading personal and commercial law firm in Stockport with well-established offices of highly experienced HR Solicitors in Bramhall, Heald Green, and Cheadle, with many years’ experience in drafting employment contracts

We provide personalised legal advice for all business clients through our HR Support Services, with sector specialists and extensive resources to call upon. We understand that no two businesses are the same so we always go to great lengths to ensure we are giving you the best solutions to your problems.

Within every area of law, we put your interests first.

Our Employment Lawyers act regularly for clients across the country, and support your business needs wherever you operate in England, Wales, and the UK.