The Relationship Between An Employer And Employee Is Built On The Contract Of Employment Which Is Drafted By Specialised Employment Contract Solicitor

By Author: Grant Saw Solicitors LLP
Total Articles: 22
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When an employer hires a new employee, the ground rules upon which both parties agree would be contained in an employment contract, which is a legally binding document. This will specify the terms and conditions of the expectations by the employer to get the job done efficiently and within legal and reasonable boundaries.
According to set legal requirements, the employer must present specific terms of the contract to the employee. This document must be in writing, and the document is referred to as the written statement of particulars.
The employee is entitled to this document before commencing employment with the company. The legal document must contain the major terms of the employment, and it is compulsory that it includes the job title, rate of pay, holiday entitlement, and entitlement to remuneration during illness, notice period required from the employee and employer, and the place of work.
For clarity, purposes for all parties concerned, other terms and conditions may be added to the contract. Although not required by law that it should be in writing, it will make the process more transparent from the ...
... onset, hence circumventing future misunderstandings and discrepancies between employee and employer.
These non-compulsory documents can be put in separate attachment and will include a formal letter of employment, a letter confirming a promotion or any other significant information that the employer feels the need to document.
There is a lawful implication in a contract, which is not necessarily put in writing, but is a necessary default to bring the contract to fruition. It simply means that these terms are included in the contract, although it is not spelled out in words.
To illustrate, the employee needs to use reasonable skills in performing the job and no action should be taken to disrupt or derail the employer’s business. The employer has an implied obligation, without it being written into the contract, to take reasonable precaution and care to ensure the safety of employees in the work environment.
It is an implied expectation in the contract that neither employer nor employee will do anything to break the crucial mutual trust and confidence deemed necessary to conserve the employment relationship.
If the employer neglects to honour a term in the contract of employment, it is referred to as a breach of contract. The employee may be able to resign, or alternatively look at constructive dismissal. If the employer has neglected to allow a notice period during the breach of contract, a claim for wrongful dismissal could occur.
When the employee suffers financial loss resulting from an employer’s breach of contract, the employee may bring a breach of contract claim to an employment tribunal, in the High Court or County Court. This is allowed when employment has terminated and the claim amounts to less than £25,000. It must be addressed within 3 months of the termination of the contract. All other breaches are brought to the courts, which is a far more timeous process.
Specialist employment contract solicitors are valuable assists in any company’s team, providing employers with prompt and acclaimed legal advice, as well as assisting with tricky labour related situations that may occur. They fulfil the role of negotiators between employers and employees in a formal manner, following the correct legal procedures.
A team of specialist employment contract solicitors will be able to advise employees on every stage of the employment life cycle. While the average person spends approximately 30% of their life at work, it is therefore imperative that employers treat employees fairly. A system should also be in place where issues that arise can be dealt with in an efficient manner.
Employment contract solicitors are also able to guide employees regarding matters such as unfair dismissal, constructive dismissal, redundancies, termination of employment, pay and benefits, sickness absence, bullying and harassment and a variety of other issues.
Solicitors are well trained to explain the legal rights of both parties in a clear manner and assist with the best advice to resolve unnecessary employment issues. Workplace issues are usually emotive and delicate and should be addressed by professional employment contract solicitors with the necessary training and skills.
About Us
Grant Saw Solicitors LLP, a well-established, highly acclaimed firm of solicitors, is based in South East London, with offices in Greenwich and Blackheath. Offering divergent services to individual clients and businesses, this accredited, award-winning practice has received the highest accolades for consistent excellence in different segments of the practice. The firm was established in 1851 and combines their resplendent history and tradition with a fresh modern approach. The innovative approach has led to reaccreditation by Cyber Essentials Plus for the next twelve months, as well as a shortlist nomination for the 2022/23 LawNet for Law firm of the Year. For more information, please visit: http://grantsaw.com/.