All businesses require comprehensive internal written documentation to operate efficiently.
An effective suite of company documentation will detail company practice and procedure rigorously, and systematise the terms upon which the relationship between the company and its employees is governed. It creates transparency and sets out the vision for a shared workplace ethos.
In an employment context, such documentation is not only best practice but also a mandatory requirement given the legal obligations imposed on employers in the UK. Ensuring current and legally compliant documentation protects your business from employee grievances and legal risks.
Employment Contracts
The Employment Rights Act 1996 sets out the legal requirement for an employer to provide an employee with a written statement of employment particulars on or before their first day of work. The statement must include various terms relating to the conditions of the employee’s employment. This statement is usually issued in the form of the contract of employment. The contract of employment can be extensive as it needs to detail a variety of considerations. This includes not only the practical terms under which the employee works, such as the hours of work and salary, but also other arrangements such as provision for the end of employment and considerations about how to protect confidentiality and intellectual property both during and after the contract ends. It must also adhere to the employment rights enshrined in law for employees. This includes provisions on notice periods and statutory leave rights, amongst other things.
Conversely, a well-drafted contract will define the employee’s responsibilities, establishing a clear and enforceable framework for employee conduct and performance.
During the employment relationship, any changes to the contract must be discussed and agreed with the employee, with the contract being amended or a letter detailing the new terms issued. Unilateral changes cannot be imposed. Such action risks claims for breach of contract and constructive unfair dismissal.
Failing to provide a compliant contract of employment can lead to employment tribunal claims and financial penalties.
Staff Handbook
A staff handbook is the Company’s tome, communicating to employees the organisation’s practices, procedures and expectations. It is values driven, setting out the vision and the blueprint for the Company’s mission. It doesn’t operate in isolation, however, as much of its content is determined not just by best practice but by UK law. The staff handbook must embody the rules and regulations surrounding employment law and must therefore contain comprehensive policies that reflect this. The policies are extensive and must be reviewed and amended regularly to ensure updates following legal or regulatory changes.
For the handbook to be effective, it needs to not only be drafted expertly but also enforced. This requires ensuring that employees have access to it, receive training on its contents and that it is monitored for effectiveness and applied consistently across employees.
How we can help
We work with you to understand your objectives when onboarding employees in order to create bespoke contracts of employment that are effective and enforceable. We listen to your vision and draft staff handbooks that are expertly tailored to reflect your organisation’s culture whilst ensuring legal compliance.
We can:
- Draft offer of employment letters
- Advise on employment structures
- Draft permanent, fixed-term, part-time, freelance and consultancy contracts
- Draft Director’s Service Agreements
- Advise on termination clauses, notice periods, restrictive covenants, intellectual property and confidentiality clauses
- Draft complete staff handbooks
- Provide individual policies for inclusion in staff handbooks
- Legally review current contracts of employment and staff handbooks for legal compliance
- Standardise contracts
Please call us today to speak to an expert employment solicitor for a free 30-minute initial consultation on 01753 861 115, email us at enquiries@charles-coleman.com or complete our contact form, and we will be happy to help.
