The contract of employment is the cornerstone of the working relationship between an employer and their employee. The legal name for the document widely referred to as the contract is actually the “written statement of employment particulars” and it includes information such as pay and working hours. Legally speaking the contract of employment covers more than the written terms and includes things like the implied term of trust and confidence within the employment relationship.
A common error when dealing with the written statement of employment particulars is when it should be given to the employee. By law employees must receive this document on or before their first day of work. Generally speaking it is good practice to issue the written statement in advance of a new employee’s first day anyway so that they can read through and fully understand what they are signing up.
During the course of employment there might be times when for one reason or other you need to vary an employee’s contract either temporarily or on a permanent basis. If that is the case then you must consult with all affected staff and talk to them about the proposed changes, be honest let them know why the changes are needed, when you are hoping to change things by and any other details that are relevant. For consultation to be meaningful you should give employees time to consider what you have told them, to ask questions and make suggestions, it might also be useful to elect a staff representative so that information can flow through them. Hopefully you will then reach a point of agreement and at that point you should confirm the changes in writing in a contract variation letter and ensure that staff sign to say that they have agreed to the change. If you don’t gain agreement that can be very risky so please contact us for advice.
Contract variation letters can also be used where there are minor changes in employment, for example a new job title or a relocation to a new office. Where changes are more significant, then a new contract should be issued and in those cases it is important to include the continuous employment start date as well as the start date of the new contract. As always there is no need to guess what you should do, just give us a call and we’ll talk you through it.
Do you have questions about contracts?
Give us a call at CUBE HR on 01282 678321, we’ll be happy to advise you and we have policies and templates available to meet every HR need.
Why not check out our blog on a similar topic What You Need to Know About Contracts
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