employee contracts

Business Link also have an online wizard type thing, where you can do your own Employment Contract/Statement of Employment. :D

But to be honest, i would steer away from DIY contracts
 
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If you contact me direct I can draft one for you. My email address is below.

It is too risky to buy a template or to attempt in drafting it yourself

Jonathan
 
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Sorry to butt in, but do all employees have to have a contract now? Or, if you employ only 2 or 3 people are you still exempt?

Hayles
 
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you need to make sure a contract is in place. You are unlikely to be taken to a tribunal on the lack of one but the lack attracts a greater award if there ever is a tribunal. You should provide this contract within 8 weeks of the person starting employment. There are a lot of other items you need to stay within the law with one employee too.
 
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As an employment lawyer, a written contract does not have to be in place by law but an employee is entitled to a statement of terms and conditions which must include the minimum requirements under the Employment Rights Act 1996. This is what Antonia is referring to.

A contract can be created in many ways, including verbal, written, conduct and performance. If the statement of terms and conditions as mentioned above is signed by the employer it is likely to be strong evidence of a contract.

Jonathan
 
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Antonia was referring to the rules in the Employment Act 2002 which removed the small business exemption. :lol:

I viewed it as clear what the member was asking and it is common for 'contract' and 'statement of particulars of employment' to be used to mean the same in such questions.
 
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Antonia @limeone.com said:
Antonia was referring to the rules in the Employment Act 2002 which removed the small business exemption. :lol:

It is now clear you were referring to s.36 of the Employment Act 2002

I was making a slightly different point that there is no legal requirement for a written contract to be in place, but if an employer gives a document which contains information in the form of a statement in s.1 then the employer would meet his obligations

I viewed it as clear what the member was asking and it is common for 'contract' and 'statement of particulars of employment' to be used to mean the same in such questions.

Yes, but dealing with employment cases daily I often get clients saying they do not have a contract. When they then provide me with a document/letter containing information in the form of a s.1 statement it is construed to be a contract or any terms found will be implied to be the agreed terms

My point was that an employer does not have to give the employee a contract by law - reiterating, whether any document is construed as a contract or s.1 statement is another matter entirely and is a matter of technicality. I was not making any reference to the small employers exemption
 
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