EMPLOYMENT CONTRACTS, POLICIES AND PROCEDURES

Along with the employment contract it is important that you have up to date policies and procedures in place covering the day-to-day aspects of the business. This may include things such as data protection, privacy, disciplinary actions and grievances. The employment contract will normally refer to these policies and procedures to ensure that both employer and employee comply with them. Failure to comply may result in a breach of contract claim.

If an employer wishes to amend the terms of the employment contract they will need to consult with the employee, explain the reason behind the change, and allow the employee the opportunity to respond. Employers however need to act with caution when proposing to amend the terms of an employment contract. If the terms proposed are unreasonable, or should the employee decline the proposed amendments, the employee could treat any attempt to enforce those terms as a breach of contract. This would entitle the employee to resign and claim constructive dismissal.

Employment contract disputes can arise at any time. In the first instance, the parties should try and resolve the issue between themselves on an informal basis. If the dispute cannot be resolved informally then the employee should raise a formal grievance or the employer should consider disciplinary action depending upon the circumstances. If the parties are still unable to resolve their dispute the matter should be referred to the employment tribunal.

At Birch Law our employment team can help with your employment contracts, policies, and procedures. We work with our clients to prepare contractual documentation tailored to the specific requirements of your business. Our employment law solicitors can also help if a contractual dispute arises between employer and employee. Claims would include unfair dismissal and wrongful dismissal claims, redundancies, grievances, and settlement agreements. For a free no obligation chat please contact us on 0161 669 4621 or by email at sbirchall@birchlaw.co.uk.