Employment Contracts for Employees

There may come a time where you need legal advice in relation to your staff contract. Our expert solicitors at Anderson Strathern can offer specialist advice on employment contracts for employees, ensuring that you understand your contract, and that your employee rights are protected.

Whether you are starting a new job and would like legal advice regarding your contract terms, or you need help settling a disagreement, we can support you. Our specialist lawyers can help clients with many areas, including:

• Reviewing your contract
• Employment disputes
• Employment tribunal representation

Speak to our employment solicitors today

If you’re looking for employment contract advice, get in touch with our expert lawyers today. Our team are on hand to answer any queries you may have.

Contact us on 0131 270 7700, visit our offices in Edinburgh, Glasgow, East Lothian, Shetland or Orkney, or fill in our enquiry form to request a call back.

Our expertise with employment contracts

Reviewing employment contracts

If you’re starting a new role, or you have some concerns about your current contract, our experts can review your employment contract, checking that everything is as it should be.

We have much experience reviewing contracts of employment, helping clients to ensure that their contract meets legal requirements, whether related to termination conditions, or a certain benefits package.

We can also check over any restrictive covenants, ensuring that you are happy with these, and understand your obligations here.

If you haven’t received an employment contract, you should raise this informally with your company, sooner rather than later. Where you are having issues with this, our solicitors can offer support.

Employment contract disputes

Facing an employment contract dispute can be extremely stressful, particularly if you feel that you are being treated unfairly. Our solicitors at Anderson Strathern can assist you with many different types of contractual disputes, including:

• Flexible working claims
• Unfair or constructive dismissal claims
• Where the employer has breached the contract terms

If an employer changes an employee’s contract without their permission, the employee may treat this as a breach of contract. Our solicitors are able to support employees with all manner of disagreements, using meditation processes to negotiate and settle matters with their employer.

Employment tribunal cases

Where disputes escalate, and cannot be resolved out of Court, we can assist clients to raise an employment tribunal claim against their employer.

We regularly represent clients across the UK in cases before the Employment Tribunal and Employment Appeal Tribunal and, when required, the Court of Session, Supreme Court, and European Court of Human Rights.

No matter which type of contractual dispute you are having with your employer, we can assist you to defend your rights as an employee, securing a favourable and fair outcome.

We understand that making a claim against an employer can feel tense, and will ensure that you have an appreciation of the relevant stages, and your position.

What employees need to know about employment contracts?

What is an employment contract?

An employment contract is a legal agreement between a worker or employee and their employer. It may be a verbal or a written agreement, however, employees and workers have the right to request a written document.

An employment contract should outline the employees’ job title, type of contract, benefits, salary and notice period. It should include any terms that define their rights and responsibilities, as well as the obligations of the employer.

Why are employment contracts important?

Clearly drafted employment contracts are vital for any type of business. Contracts help employees to understand the expectations, and their rights. They help employers to manage staff properly, and allow both parties to protect their interests.

Without clearly drafted employment contracts it is more likely that disagreements and disputes will arise. Where contracts are not stated in writing it may be harder for the employee to protect their legal rights, and understand their responsibilities.

What are the main points of employment contracts?

Contracts of employment should cover areas such as:

• The date that the employment started
• Job description and their job title
• The name of the employee and the employer
• How much the employee will be paid, (and when they will get paid)
• Benefits and pension
• Their place of work, and working hours
• Details of notice period
• Holiday they are entitled to
• Details of statutory sick pay
• Agreements which impact the employment terms
• Restrictive covenants related to that role or the company
• The dismissal, disciplinary and grievance processes

What are the main types of contract?

The main types of employment contracts include:

• Full time or part time contracts
• Contracts on a fixed term basis
• Agency worker contracts
• Self-employed contractors, (also including freelancers and consultants)

Different contract types are associated with different employment rights and responsibilities, and so it’s imperative that both parties understand the type of contract they have.

If you are unsure about your type of contract and need advice, please contact us to discuss the different employment contracts for employees.

Does an employer have to give you a contract of employment?

Since 6 April 2020, employers have been required to provide employees and workers with a written statement of particulars of employment by section 1 of the Employment Rights Act 1996 (ERA 1996).

However, Employers do not always provide a written contract of employment and the result of this is you must still have a contact with orally or implied terms. Naturally, it is preferable to have a written document, and all employees have the right to request this.

If your employer has not provided you with a contract prior to your start date, it’s best to request one, so that you understand your working terms and conditions. An employee or worker may make a complaint to an employment tribunal where an employer:

• Fails to provide a section 1 statement
• Provides an inaccurate or incomplete statement.

What are statutory rights?

Statutory rights are rights that all employees have by law, any rights in an employment contract are given in addition to these rights. Statutory rights include:

• Employees are entitled to paid holidays
• Staff members are paid at least the National Minimum Wage
• To receive pay statements
• Compensation if made redundant
• The right to maternity/paternity leave
• The right to not be dismissed unfairly

Where an employer has failed to provide an employee with basic statutory rights, the employee may need to pursue a formal claim against them.

When might you make an employment tribunal claim?

You might pursue an employment tribunal claim under the following circumstances:

• Your employer is preventing you from accessing paternity or maternity rights
• They are failing to provide holiday pay, notice pay, or paying you minimum wage
• They have dismissed you from your job without a good reason
• Your employer has breached the terms of your contract
• They’ve failed to give you time off work

Anderson Strathern fees for employment advice

Our legal fees for employment law advice depend on your case, and the expertise you require. For certain matters, our law firm may be in a position to provide fixed legal fees. Where fixed fees are not an option, we will offer an hourly rate, based on the legal matter and stages involved.

We will always be up-front about our pricing, ensuring that you are well-informed and happy to proceed. For more information about our legal fees, please get in touch with our experts at Anderson Strathern.

Speak to our employment solicitors today

If you’d like to discuss employment contracts for employees, get in touch with our expert lawyers today. Our experts are on hand to answer any queries you may have.

Contact us on 0131 270 7700, visit our offices in Edinburgh, Glasgow, East Lothian, Shetland or Orkney, or fill in our enquiry form to request a call back.