If you need to draft an employment contract, our employment solicitors can advise on essential clauses such as salary, probationary periods, working hours, job title, holiday entitlement, sick pay, benefits, termination and notice periods. Our employment solicitors can also advise on more complex areas such as restrictive covenants (e.g., non-compete clauses), intellectual property and confidentiality clauses, and the creation of staff handbooks, which can help minimise the potential for disputes and can help to safeguard your business interests.
As an employer, you may wish to alter an employee’s existing contractual terms and conditions, due to a business reorganisation or economic reasons. Changes an employer may wish to make to the terms and conditions of a contract can include pay cuts, changing hours or place of work, job duties and entitlement to certain benefits.
If an employer asks to change an employee’s contractual terms and conditions, they need to be clear from the outset why they are seeking to make the changes and show evidence that they can be justified. Contractual terms in an employment contract cannot be changed without an employee’s agreement, unless this is permitted by the contract itself with a variation clause. Even if such a clause exists, it may not be effective unless carefully worded and a fair procedure followed – any ambiguity will likely be construed in the employees’ favour as Courts and Employment Tribunals often view such clauses as undermining trust and confidence considerations.
Our employment solicitors can draft, review and update contracts and handbooks, advise on variation processes, and provide tailored clauses to protect your business and ensure compliance.
Yes. Employers must provide employees with a written statement of employment particulars from the first day of employment. Well-drafted contracts reduce disputes and clarify both parties’ rights and obligations.
At a minimum: job title/description, pay and benefits, hours of work, place of work/mobility, holiday entitlement, notice periods, probationary arrangements, confidentiality and data protection obligations, and post-termination restrictions (if appropriate).
Whilst off-the-shelf employment contracts might seem a good idea, they can prove to be a false economy if put to the test. They can also be a useful starting point, but they often miss key protections (for example, intellectual property rights, restrictive covenants or sector-specific compliance obligations). Tailored contracts provide much stronger protection for your business.
Employment contracts are legally binding documents and should be tailored so that they provide clarity for all parties and can help avoid future claims. Our employment solicitors can draft and review employment contracts so that they facilitate effective management of employees and contain the key provisions and clauses that are required to protect your business.
Contractual terms in an employment contract cannot be changed by an employer without an employee’s agreement, unless this is permitted by the contract itself with a variation clause. Even if such a clause exists, it may not be effective unless carefully worded and a fair procedure followed – any ambiguity will likely be construed in the employees’ favour as Courts and Employment Tribunals often view such clauses as undermining trust and confidence considerations.
If no agreement can be reached, an employer can terminate an employee’s existing contract and offer continued employment on new terms. However, this constitutes a dismissal in law, and the employee will be able to bring unfair dismissal claims if they have 2 years’ service. Whether the dismissal is fair depends on why the changes are needed and if the employers can establish that they had a substantial reason. However, a tribunal would always expect there to have been consultation and an attempt to reach an agreement first.
If you plan to change the contracts 20 or more employees and/or consider dismissing and re-employing these staff on new terms, collective consultation rules may apply.
Yes, but they must be reasonable in scope, duration and geography to be enforceable. We draft covenants tailored to your business needs, such as preventing former employees from soliciting your clients or poaching staff.
Often yes, but only if the contract clearly sets out repayment provisions, including the circumstances that trigger repayment and how the repayment reduces over time.
Legal expertise balanced with a personal and attentive service.
Our insights into the law in plain English, so you know when it happens, what it means, and how it may affect you.
