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Employment Contracts

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 Employment Contracts 

 Drafting a contract of employment may appear to be a simple task, but that is far from the case.

Yes, everyone knows that an employer should provide one, and may be aware that the contract of employment must contain certain information such as the number of hours, rate of pay etc. This may suggest that all is straightforward. However, what a contract of employment must contain is only half the story.

An employment contract governs the relationship between the parties. There are essential elements, but much more may be needed than that. What may be required in one role may not be relevant in another. Therefore, every situation may need different drafting in order to achieve the desired outcome.

For example:

  • What happens if a person who was important to the organisation wanted to leave?
  • Would the person be able to set up in competition with their former employer soon after departure?
  • Did that person have access to sensitive information whilst with his former employer?
  • What damage would it do if that information got into the wrong hands?
  • Is the individual really an employee or would a different status be more appropriate?
  • What is the situation regarding laying people off?
  • Will information be supplemented in policies or a handbook?

These are all common issues and there are many more besides. The point is that difficulties can arise because when the contract was done, consideration was not given to the potential consequences if the relationship broke down. Before drafting a contract of employment it is necessary to consider all the situations that may arise in the future, good or bad, and the protection that would be needed if such events were to occur. 

If you need guidance with employment contracts, we are experienced in drafting these documents and will take steps to ensure that your company is shielded from potential risks in the future. 

Either sign up for one of our monthly HR support packages or get in touch to discuss how we can support you on an ad-hoc basis.

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