FAQs about Employment Law

GREENWICH EMPLOYMENT LAW ADVICE FOR EMPLOYERS

Do I need to offer my employees a contract ?

Whilst there is no concrete legal obligation on employers to offer a contract, you are, in the very least, obliged to offer a statement of your employee’s main terms in writing within two months of the commencement of their employment.  You should also bear in mind that contracts can be formed by both verbal and non-verbal means, so what you say and do may be taken into account when and if an employee’s and employer’s duties and obligations need to be defined.

What should I include in the main terms of employment?

  • Job title
  • Names of the employer and employee
  • Date the employment commenced
  • Location of the workplace
  • Rate and frequency of pay
  • Terms stating holiday entitlement
  • Terms regarding sickness pay
  • Terms regarding pension schemes
  • Hours of work
  • Terms regarding notice
  • Reference to any  collective agreements
  • Terms regarding grievance and disciplinary procedures

When should a contract of employment be amended?

You should make changes to a contract of employment when changes are made to:

  • The type of work the employee does
  • The location of the workplace
  • Pay
  • The number of hours

When is an amendment of a contract of employment valid?

For an amendment of an employment contract to be legally valid, you will need the explicit consent of the employee.  Without the consent of the employee, any amendment will be considered legally invalid.  Furthermore, if the employee subsequently decides to leave the job due to the changes, he/she may have a claim for constructive unfair dismissal.  For these reasons, it is vital to consult employees and trade unions if you wish to bring negotiate on a collective agreement when making changes.

Is the employee employed by me or self-employed?

It can be tricky to make a distinction between employment and self-employment.  Naturally, there are many shades of grey, so it is vital to seek legal advice where you are unsure.  With that being said, someone will be considered self-employed where they:

  • Manage and run their business
  • Are responsible for the liabilities of their business
  • Provide their own materials and equipment
  • Can sub-contract out work
  • Have to correct mistakes in their own time and at their own expense