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What is an Employment Contract?

An Employment Contract sets out the legal agreement between an employer and employee in England & Wales, spelling out each party's rights, duties and working conditions. It covers essential details like pay, hours, holiday entitlement, and notice periods, while protecting both sides by making expectations clear from day one.

Under UK employment law, employers must provide written terms within two months of starting work. The contract becomes legally binding once both parties agree to it, even if made verbally at first. Good contracts help prevent disputes by addressing key issues like confidentiality, sick pay, and workplace policies upfront.

When should you use an Employment Contract?

Use an Employment Contract whenever hiring new staff in England & Wales - from the moment you agree to bring someone on board. This legally required document protects both employer and employee by clearly setting out the terms before work begins, helping avoid misunderstandings about pay, hours, and responsibilities.

Many businesses create Employment Contracts when converting temporary workers to permanent roles, promoting staff to new positions, or making significant changes to working conditions. Having proper contracts in place becomes especially important during workplace disputes, restructuring, or when dealing with sensitive information that needs confidentiality protection.

What are the different types of Employment Contract?

  • Job Contract: Standard permanent employment agreement covering basic terms and conditions for most regular employees
  • Employment Letter: Simpler format often used for junior roles or short-term positions, outlining key terms in letter form
  • Recruitment Agency Contract: Specialised agreement for temporary staff hired through agencies, including agency fees and transfer terms
  • Work Separation Agreement: Documents terms for ending employment, including notice periods and post-employment obligations
  • Employee Leasing Agreement: Used when temporarily transferring employees between companies while maintaining original employment

Who should typically use an Employment Contract?

  • Employers: Companies, organizations, and business owners who draft and issue Employment Contracts to protect their interests and set clear expectations
  • Employees: Workers who review, negotiate, and sign these contracts, gaining clarity on their rights, duties, and benefits
  • HR Managers: Oversee contract creation, ensure compliance with UK employment law, and manage contract updates or amendments
  • Legal Teams: Draft and review contracts, provide guidance on terms, and help resolve any contractual disputes
  • Trade Unions: May negotiate contract terms on behalf of workers and ensure fair treatment under collective agreements

How do you write an Employment Contract?

  • Employee Details: Gather full name, address, start date, job title, and reporting structure
  • Role Specifics: Define working hours, location, key responsibilities, and performance expectations
  • Compensation Package: Document salary, benefits, bonus schemes, and pension arrangements
  • Company Policies: Include references to sick leave, holiday entitlement, and disciplinary procedures
  • Legal Requirements: Our platform ensures compliance with UK employment law while generating clear, enforceable contracts
  • Review Process: Double-check all terms align with company policies and internal approval procedures

What should be included in an Employment Contract?

  • Core Details: Names and addresses of employer and employee, start date, and job title
  • Working Terms: Hours, location, salary, benefits, and holiday entitlement
  • Notice Period: Required notice for termination from either party and conditions for immediate dismissal
  • Confidentiality: Rules about handling sensitive information and intellectual property rights
  • Data Protection: GDPR compliance and personal data handling procedures
  • Restrictive Covenants: Post-employment restrictions like non-compete and non-solicitation clauses
  • Disciplinary Rules: Reference to company policies and grievance procedures

What's the difference between an Employment Contract and an Addendum to Contract?

An Employment Contract differs significantly from an Employment Letter (also known as an offer letter) in both scope and legal weight. While both documents establish working relationships, they serve distinct purposes in UK employment law.

  • Legal Formality: Employment Contracts are comprehensive, legally binding documents covering all terms and conditions, while Employment Letter typically serves as an initial proposal or summary of key terms
  • Content Depth: Contracts include detailed clauses about confidentiality, intellectual property, and post-employment restrictions; letters usually outline basic terms like salary and start date
  • Timing: Letters often come first as preliminary offers, followed by full contracts before or shortly after employment begins
  • Enforceability: While both can be legally binding, contracts provide stronger protection and clearer enforcement mechanisms for both parties

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