Employment Contracts & Handbook | Employment Law

What is an employment contract?

An employment contract is a legally sound, comprehensive document which illustrates legal compliance. It ensures that employers and employees alike understand what is expected of them, right from the beginning.

Employers are legally obliged to issue employment contracts on the first day of employment and should be read, signed, and returned by the employee. The contract sets out the employees’ rights, responsibilities, and duties within the employment relationship. As well as this, as the employer, you will need to set out the policies complying with the Acas Code on grievance and disciplinary procedures.

Employment contracts should be kept under regular review to ensure they remain legally compliant with ever-changing employment laws and accurately reflect evolving working practices.

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What is an employment handbook?

An employment handbook contains an introduction to the company and sets out the culture, values, aims, ethos, and policies.

It gives employees and new recruits an overview of what is expected of them, and also what they can expect from you in terms of holiday allowance and other benefits. It includes policies that are not contractual and supplementary information on particular processes, such as notifying the employer of parental leave requests.

While every company handbook will be different, there are some common elements.

Please note that not all policies will be necessary in all industries.

Example employment policies

Bribery Act policy
Maternity, paternity, and adoption policies
Parental leave policy
Time off for dependants
Compassionate and bereavement leave
Flexible and home working policies
Equal opportunities policy

Employment Contracts & Handbook

Katie is my first stop for any employment law guidance. She always provides clear and effective advice to assist us in dealing with any issues.
Hamish
Active Business Partnerships

Employment Contracts & Handbook

Katie is my first stop for any employment law guidance. She always provides clear and effective advice to assist us in dealing with any issues. Over the years, this guidance has always been both proactive and successful, and handled in a short time frame.
Hamish
Active Business Partnerships
Employment Contracts & Handbook

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Care Plus

Employment Contracts & Handbook

Having built up an excellent working relationship the needs of our business, aims, and ethics are thoroughly understood, and we work in a true partnership way to achieve the required outcome. The matters that are being dealt with are often sensitive and contentious and the advice provided is always given in a professional, friendly and supportive manner.
Maria Tomkinson
Care Plus
Employment Contracts & Handbook

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Libertas

Employment Contracts & Handbook

Wilkin Chapman has supported us for a number of years now, and while the advice is always excellent, by far the most important thing for us is accessibility and continuity. We always get a quick response and almost always have the same person seeing a case or query through from start to finish. This makes a huge difference for our managers and leaders, often just in terms of confidence, knowing that there is someone to bounce even the simplest question off.
Wilkin Chapman does of course offer a lot more than this, and this is where we go for contractual advice and disputes too.
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Libertas

Why use Wilkin Chapman?

We believe that dealing with workplace HR and employment law issues does not always have to be reactive. A problem can be avoided by working with our solicitors, who are adept at spotting and tackling a potential issue before it arises.

We get to know you, your business, and your objectives to ensure that your interests are properly represented and that we obtain the best outcome to protect the future of the business.

This service is available individually or as part of a bespoke package through our Adapt HR advice line.

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How our employment solicitors can help

Contracts of employment are not a one-size-fits-all. We can help you assess the job roles within your organisation to provide a contract of employment which appropriately reflects the working conditions and requirements of the employee’s job role.

Our employment solicitors can provide brand new employment contracts or review and update your existing employment contracts and handbook to ensure they comply with any employment law changes.

We can provide a paper review of your existing contracts to check they are legally compliant, or we can provide a more in-depth review where we discuss the business, the job roles, and your needs as a company. We are always happy to sit down and discuss the needs of the business prior to the review and post-review to explain any changes.

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Employment contract and handbook FAQs

We help clients nip problems in the bud and resolve their employment issues every day.

Here are the most common questions we receive in regard to our employment contract and handbook reviews.

What is the difference between a staff handbook and an employment contract?

An employment contract creates a binding obligation from both parties and if either breaks this, the other party can ultimately go to court.
An employment handbook is a collection of policies which are not contractual and cannot be enforced in court. However, if an employee breaches a policy, as an employer, you may take disciplinary action, such as issuing a warning or termination.
Do I have to have an employment contract?

Yes, if you are a worker or an employee, under section 1 of the Employment Rights Act 1996, employers must provide a written Statement of Terms and Conditions of Employment on or before the date the employment commences.
Do terms of employment have to be in writing to be binding?

No, terms that have been verbally agreed between an employer and employee are also binding although it will be harder to prove that these terms have been agreed.
Implied terms are also binding. Implied terms are terms which arise by implication of the employment relationship, these can be evidenced by previous custom. All contracts of employment will contain certain implied terms such as the obligation of mutual trust and confidence.
What are the consequences of breaching a contract of employment?

If an employee breaches a term of their employment, they can face disciplinary action ranging from a first written warning to dismissal depending on the severity of the breach.
If an employer breaches the contract of employment, an employee could be entitled to treat the contract as void, resign and claim constructive dismissal in an employment tribunal.
Can an employer vary a contract of employment?

An employer cannot unilaterally vary the fundamental terms and conditions of employment without the employee’s agreement, unless the change is due to a legal requirement, or the employer is contractually allowed to do so.