FAQs on UK Employment Contracts

UK Employment Contracts FAQs

  • What is an employment contract in the UK?

    An employment contract is a legally binding agreement between an employer and an employee, outlining the terms and conditions of employment. It covers aspects such as pay, working hours, and job responsibilities. Catherine Herries-Smith Solicitors provides expert advice on drafting and reviewing UK employment contracts to ensure they are compliant with the law and fair to both parties.

  • Do all employees need a written employment contract in the UK?

    While a written contract is not legally required, UK employers must provide a written statement of terms and conditions within two months of the start of employment. Catherine Herries-Smith Solicitors can assist in creating comprehensive written contracts that protect both the employer and employee.

  • What should be included in a UK employment contract?

    A UK employment contract should include the job title, duties, salary, working hours, holiday entitlement, and notice period, among other terms. Catherine Herries-Smith Solicitors specialises in drafting thorough and legally sound employment contracts tailored to your specific needs.

  • Can an employment contract be changed after it is signed?

    Yes, but changes to an employment contract must be mutually agreed upon by both the employer and the employee. Catherine Herries-Smith Solicitors can provide guidance on how to legally modify contracts and ensure that any amendments are properly documented.

  • What happens if an employment contract is breached?

    A breach of contract occurs when either party fails to comply with the agreed terms. This can lead to legal disputes and potential claims. Catherine Herries-Smith Solicitors offers expert legal advice and representation in cases of contract breaches, helping to resolve issues effectively.

  • Can an employee be dismissed without notice under a UK employment contract?

    An employee can be dismissed without notice if they have committed gross misconduct, such as theft or violence. However, this must be clearly stated in the employment contract. Catherine Herries-Smith Solicitors can help employers draft contracts that include the necessary provisions for fair and lawful dismissal.

  • What is a probationary period in an employment contract?

    A probationary period is a trial period at the beginning of employment, allowing the employer to assess the employee's suitability for the role. During this time, the contract may include different terms regarding notice periods and benefits. Catherine Herries-Smith Solicitors can help structure probationary periods that are fair and effective.

  • How are fixed-term employment contracts different from permanent contracts?

    Fixed-term contracts are for a specified period, ending automatically when the term expires, while permanent contracts continue until either party terminates the agreement. Catherine Herries-Smith Solicitors can help you understand the legal implications of both types of contracts and ensure they are correctly drafted.

  • What are restrictive covenants in a UK employment contract?

    Restrictive covenants are clauses that limit an employee's actions during and after employment, such as non-compete or non-solicitation clauses. These must be reasonable and necessary to protect the employer's interests. Catherine Herries-Smith Solicitors provides expert advice on enforcing and challenging restrictive covenants.

  • What is the notice period in an employment contract?

    The notice period is the amount of time either party must give before ending the employment relationship. It varies depending on the contract terms and the employee's length of service. Catherine Herries-Smith Solicitors can advise on appropriate notice periods and ensure they are legally compliant.

  • Can zero-hours contracts be used for regular employment in the UK?

    Zero-hours contracts allow employers to hire staff with no guaranteed hours of work, offering flexibility but often less job security. Catherine Herries-Smith Solicitors can guide you on the legal considerations of using zero-hours contracts and ensure they meet the necessary regulations.

  • How can I resolve disputes over an employment contract?

    Disputes over employment contracts can often be resolved through negotiation or mediation. If this fails, legal action may be necessary. Catherine Herries-Smith Solicitors offers expert legal representation in employment disputes, helping to achieve a fair resolution for both employers and employees.