JMR Solicitors help businesses draft their employment contracts, help employees read and understand theirs, and many other services related to Employment legal matters.
Here are some frequently asked questions:
Should employers give every employee an employment contract?
Even if you don’t physically give you employee and contract, a contract will still exist, whether you want it to or not, as soon as someone accepts the job offer.
Employers however should legally give every employee a written statement covering specified terms and conditions, within two months of the employment beginning. If you fail to provide such a statement, the employee may refer the matter to an Employment Tribunal to decide what terms and conditions they are working under.
What is the penalty for not providing a written statement of employment?
The penalty for non-compliance is either two or four weeks’ pay (capped at the normal maximum of £508 per week), unless ‘there are exceptional circumstances which would make an award or increase unjust or inequitable’.
Can an Employer make a job offer conditional – for example, on taking up references or a medical?
Yes, this would be sensible. Otherwise, you will be bound by the contract even if the reference is disappointing, and will have to give full notice to terminate. Be cautious that your requirements are not discriminatory, particularly about the medical evidence, otherwise, you could fall foul of equality legislation. Under the Equality Act, you can only ask health-related questions of a job applicant under specific circumstances
Employment Contract Specialist
If you require assistance for drawing up an employment contract or need a solicitor to check an existing contract, feel free to get in touch with JMR Solicitors.