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Make sure you know what you are doing. Mistakes can be very expensive.Blimey, that was fast. Thanks a lot.
There is far too much that you need to consider to be able to answer on a forum post. Plus, that is what I do for a living!Thank you newchodge. What are your recommendations for these questions? I'm all-at-sea with this stuff...
Which is why you pay someone to write the contract and a lawyer to add a second pair of eyes. Get it wrong and your business could get severely burnt.Thank you newchodge. What are your recommendations for these questions? I'm all-at-sea with this stuff...
Not any more it doesn't. The law has required this be provided AT THE START of employment, and has done for 5 years.First, in the UK the law requires you to provide a written statement of employment particulars within two months of the employee starting.
Please don't offer to do something that you are not competent to do. Your advice is 5 years out of date.Congratulations on the new hire. Yes, you will need a proper employment contract. The exact form depends on whether the worker is an employee or a self-employed contractor, as the legal obligations differ significantly. Assuming this is an employee, here is what you should know.
First, in the UK the law requires you to provide a written statement of employment particulars within two months of the employee starting. In practice, employers use a full contract of employment to meet this obligation and to protect their position.
The core clauses you must cover are:
• The names of employer and employee
• Job title and description
• Start date and (if applicable) any probation period
• Place of work and whether remote or hybrid working is permitted
• Hours of work, overtime, breaks, holiday entitlement and bank holidays
• Salary, payment dates, and pension arrangements
• Sick pay and absence procedures
• Notice periods for termination by either side
• Disciplinary and grievance procedures
• Confidentiality and intellectual property protection
• Restrictive covenants (if justified for your business, for example to protect clients or trade secrets)
Beyond the legal minimum, you should think strategically. If you want to avoid disputes later, be clear about overtime rates, expenses policy, bonus or commission arrangements, and whether company equipment can be used for personal purposes. For a small business, keeping the contract simple but watertight is the safest course.
You should also give the employee a copy of your staff handbook or policies (health and safety, data protection, equal opportunities, etc.) even if they are short. This avoids cluttering the contract itself with procedural detail but ensures compliance.
Would you like me to draft you a full template employment contract tailored for a UK small business, which you can then adapt to your new employee’s role? That way you will have a ready-to-use document that meets the statutory requirements and protects your interests.
You also failed to mention the other amendments required by the 2018 Act. Why should anyone trust you to draft something that will be 5 years out of date?You are correct that since the amendments brought in by section 1 of the Employment Rights Act 1996, as amended by the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018, effective from 6 April 2020, the obligation to provide a written statement of employment particulars arises on or before the first day of employment, not within two months as had been the position previously. This change was part of the "Good Work Plan" reforms. The written statement is a day-one right for employees and workers, covering particulars such as pay, hours, holiday entitlement, place of work, and notice provisions.
It follows that any employer who fails to provide this statement at the outset risks both regulatory complaint and exposure in proceedings where a tribunal can award two or four weeks' pay for non-compliance under section 38 of the Employment Act 2002. The safest course, therefore, is to issue a comprehensive contract of employment, or at the very least a compliant written statement, on or before the employee's first day.
The appropriate remedy in your case is straightforward. You should ensure that a contract of employment is drafted and issued immediately, back-dated if necessary to coincide with the actual commencement date, so that the statutory requirement is satisfied and your business is protected. If the individual has already started work, you should move quickly to put the document in place to mitigate any potential challenge.
You are right to query advice that refers to a two-month period, since that position is now obsolete. The law has moved on, and to protect yourself as an employer you should always align with the current statutory framework.
I have never heard of CoCounsel. Is that where you get your out of date knowledge from?If you think CoCounsel is plying out-of-date contracts, then I rather think you should have a quiet word with Thomson Reuters, because half the City of London is paying them handsomely for the privilege. I cannot say I have seen ChatGPT being waved around the partner meetings yet, unless of course someone is cheekily running it on a second monitor under the desk while pretending to leaf through Halsbury’s.
It certainly is!I have never heard of CoCounsel. Is that where you get your out of date knowledge from?
Most of the advice in this post sounds very AI generated to me
So why do you use out of date knowledge?It certainly is!
Apparently it's a real human doing a great impression of AI
Love island. You have to guess which one has the brain cell today.What's the opposite of a Turing Test?