TSE Solutions Employment Law Case Study – No he hasn’t got a contract of employment…
Employer (with regards to a new client): None of our employees have been issued with any documentation which set out the terms of their employment with the business. What do I do?
When clients come to us for advice on any given matter, one of the very first things we ask to see is the written documentation which sets out their terms and conditions of employment. An employer is required to provide its employees with a written statement of terms and conditions of employment (often referred to as a “contract of employment”) within two months of their employment commencing.
A clear, concise and properly drafted written statement of terms and conditions of employment can assist an employer in a number of ways. It can prevent a number of disputes arising on issues such as pay, bonuses, hours of work etc. Alternatively, if a dispute has already arisen, it is the first document when is referred to when assessing the merits of the defence to an Employment Tribunal claim.
Also, one of the dangers of not having a written statement of terms and conditions of employment is that depending on the type of an Employment Tribunal claim that has been brought against an employer, if that claim is successful, an Employment Tribunal can award an employee additional compensation of between two to four weeks’ pay, for not having a written statement of terms and conditions of employment.
As part of the TSE Solutions service, we draft written statements of terms and conditions of employment and Employee Handbooks which we develop with you in order to meet the needs of your business. We also provide a very useful ‘Management Handbook’ which contains guidance on numerous issues and precedent letters.