Having well-drafted employment documentation including employment contracts, staff handbook and policies in place, not only ensures legal compliance but also plays a fundamental role in protecting the interests of a business. More importantly, it sets out the relationship between employers and employees.
The law requires than every employee is provided with “a written statement of key terms” (contract of employment) before or on the date their employment commences and dictates what should be included.
The law also dictates what should be included, such as the place of work, the title and nature of position, remuneration and how the contract can be terminated. The terms in the contract of employment are legally binding and a breach of the terms may give rise to an Employment Tribunal claim. If an employer wants to change a term of the contract of employment, they must consult with employees.
A staff handbook, or employee manual, communicates the policies and guidelines that defines the culture and day to day operation of the employer. It is typical for a staff handbook to include HR policies, such as how to raise a grievance, how the employer will take disciplinary action and sick leave. It should also be tailored to the industry and include instructions on issues such as a dress code, health and safety and probation. Staff handbooks are not legally binding and therefore can be changed.
Documentation setting out the employment relationship provides a written record of the relationship that may be required where difficulties arise between employers and employees. A contract of employment and staff handbook will set out the Company procedures for example, disciplinary action and redundancy.
Davenport Solicitors offer expert legal advice on the terms of various employment documentation. With our assistance, you can be confident that all your employment contracts, procedures and policies are up-to-date and comply with UK employment law.
With a comprehensive understanding of your business objective and goal, we will work with you closely, to draft your employment documentation to meet your business needs. From drafting to implementing and reviewing employment documents, our employment lawyers and HR specialists, will assist you through every step to make sure your employment documentation is “fit for purpose” so you can run your organisation effectively.
Employment law is a constantly changing area of law. Our employment law experts keep up to date with upcoming changes to ensure that documentation prepared is compliant with current legal requirement.
Failure to provide an adequate contract of employment to an employee on or before their first day of employment, can result in an award in the tribunal. While an employee cannot bring an employment tribunal claim for not being given a contract of employment on or before the day their employment commenced, they can add it as an additional claim should they bring a different claim, such as unfair dismissal or discrimination.
Our employment team are experienced in drafting and advising on the policies and procedure which sets out the day to day employment relationship and ensure that all documents prepared are compliant.
An employer who wants to commence disciplinary action against an employee or who receives a grievance from an employee must follow ACAS guidance. Having detailed policies and procedures in a staff handbook, which incorporates ACAS guidance, will ensure that employment disagreements are dealt with in a fair way. If an employee brings an employment tribunal claim and ACAS guidance has not been followed, if their claim is successful, they may receive an 25% increase of their award.
The preparation and/or review of employment documents is also included in some our HR Support packages. In addition to the drafting of bespoke employment documentation, our HR advice line provides direct access to an employment lawyer, Monday to Friday, 9am – 6pm.
Davenport Solicitors is a specialist employment and immigration law firm based in the City of London. We help businesses of all sizes on all aspects of employment law and business immigration.
If you want to speak to our specialist Employment Documentation Solicitors in London, call us on 020 7903 6888 or request a call back at a time convenient for you. You can also email us at contact@davenportsolicitors.
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