HR Solutions DIY Checklist for a contract of employment

Recent Employment Tribunal decisions have made it clear that when someone is employed a Contract of Employment exists-whether it is in writing or not. 'Common Practice', 'normal behaviour' and 'obvious events' form part of an unwritten but binding verbal or written Contract of Employment.

It is also assumed that an implied degree of confidence and trust must exist between employer and employee. Breaching of this implied term would incline Courts and Tribunals to favour whoever has been disadvantaged as a result.

It is the content of the contract, how it is presented and what happens when things go wrong that vary. Therefore, it is vital to establish an appropriate contract at the outset of employment.

Every employee has to receive a written statement of particulars of employment specifying required basic information not later than two months after they start work. There is a specific difference between a written contract and a written statement. A contract, which can exist as soon as a job has been offered and accepted without there being any written agreement, is nonetheless binding. The written statement of particulars is just a statement, although these days most particulars in the statement form part of the contract.

It is considered that an offer letter is the accepted 'contract' and sets out the terms that are then followed through in more details in the written statement. Ideally, the written statement should be sent out with the offer letter then there is no doubt as to the terms of employment.

HR Solutions has devised a 'DIY check' to help you assess how your current contract of employment measures up.

	1. Offers of employment are made subject to: Yes No Don't Know Satisfactory references Asylum and Immigration checks Work permit requirements CRB and other checks A pre-employment medical questionnaire being completed Submission of original copies of qualification certificates Submission of personal documents, e.g. passport, birth certificate, driving licence

	2. Offer letter Yes No Don't Know The offer letter is sent with all the terms of the offer, which together are constructed to become the contract of employment

	3. The written statement contains the obligatory provisions of the Employment Rights Act in respect of information concerning: Yes No Don't Know Name of employer and employee Date of commencement of employment Date when continuous employment began Job Title/job description Place of work and address of the employer Pay and the interval between payments Hours of work Holidays pay and entitlement Sickness and sick pay arrangements Pension scheme Disciplinary and Grievance Procedures Collective Agreements Temporary or fixed-term employment Termination and notice periods

	4. The written statement contains appropriate additional information, for example: Yes No Don't Know Flexibility in respect of duties, hours and place of work Management discretion in respect of pay, reviews, pay structure and bonus schemes Garden leave clause or provision to pay money in lieu of notice Treatment of probationary period Holiday rules Sickness and absence notification procedures Deductions from wages Confidentiality Email, Internet and telephones Computers and software Appropriate restrictive covenants (non competition, solicitation, poaching, inventions, etc) Other Employment Right to search Other benefits Smoking, drinking, drugs, substances Conflicts of Interest Dress and behaviour codes Other work rules

	5. Handbook Yes No Don't Know If you have a handbook does this summarise your employment policies and are they up to date?

If you have marked a 'NO' against any item in this checklist, it is advisable to get your current documents reviewed. Contracts and written statements are complex documents and should be written carefully by professionals. HR Solutions can review and amend your documentation for you.