Employment Contract Solicitors

Employment Contracts

An employment contract sets out the legal relationship between the employer and employee. A contract does not need to be written, but it usually is due to the requirement that employees must be provided with a “written statement of employment particulars” on or before their start date. Failure to provide a contract of employment on time could lead to Employment Tribunal action against the company. Therefore, to save costs and for the avoidance of any doubt, employers often fulfil this obligation within this contract of employment. These key terms include pay and hours.

Most contracts go well beyond the written statement of employment particulars. They set out a variety of additional clauses and extended terms to protect the employers interest. In most circumstances, it is the employer that drafts the contract and therefore it is important that you, as the employee, receive independent advice on its terms.

Our team of employment contract solicitors can step in at any stage and assist with advising on and negotiating contracts. We can also review and assess other related documents and policies. Whether you are a new starter, current employee, or departing employee, we are here to help. We offer fixed fee drafting of employment contracts with all the necessary provisions from £450 plus VAT.

Breach of contract

A breach of contract is where an employer (or an employee) does not follow a term in their contract. An example of a breach of contract is where an employer does not pay the employee’s wages.

A breach of contract can be small and insignificant, or it could be big and substantial – therefore it is advisable that you contact a member of our team for specific advice on your situation.

Normally the first step to discuss the grievance informally with your line manager or HR department. Using the earlier example of non-payment of wages, it could have been an unfortunate oversight by the employer’s payroll department. By speaking to the relevant person, it may rectify the ‘breach of contract’ and resolve any issues without the need for further action.

However, if this discussion has not remedied the breach, the next step is usually to raise a grievance in line with your employer’s grievance policy and procedure. A grievance is a written document setting out the issue at hand. We have experience with preparing and reviewing written grievances for employees.

Assuming the above steps have not been successful, you may need to bring a claim to the Employment Tribunal to be remedied for the breach of contract. Again, using the example of non-payment of wages, this could be a claim for unlawful deduction of wages. You may also be able to bring a claim for constructive unfair dismissal, but we would again suggest you contact us for legal advice before taking such steps.