Employee Contracts, Policies and Procedures

Contracts are the cornerstone of almost all workplace relationships.

They contain the key terms that govern the relationship between parties, whatever an individual’s seniority and employment status.

We work with you to tailor your contractual terms to the needs of the business, an individual and their role. Policies and procedures help govern the day to day issues and procedures that arise in a workplace and we ensure they are legally compliant with currents rights and fair procedures that should be followed. A good set of employment documentation ensures that the parameters of the relationship, rights and expectations are clear to both parties.

Our team of legal experts can guide you through the development of contracts and policies, to suit your business and its needs. We understand that not all employment relationships are the same and ensure that your documentation will manage your exposure to risk in the ever evolving modern world of work.

Can we update our company policies and procedures at any time?

We generally advise that policies should be non-contractual. This allows you flexibility in changing the contents of the policy (for example, if the law changes) without needing to seek agreement and/or consult with your workforce. This does not mean that the policies carry no weight. We work with your team to ensure that your contracts and policies work together to ensure a well-governed workplace relationship and are kept up to date with legal requirements and best practice at all times.

Policies that are fair, clear and easily accessible to staff promotes their relevance and importance and ensures that your workforce have a clear understanding of your expectations in relation to behaviour and procedures that should be followed.

We want to change our employment contracts to introduce new terms and amend our contractual benefits. Can we do this?

In theory, yes. There are statutory procedures that you must follow in order to ensure that the changes are enforceable. The first step is to seek agreement with your workforce. You must genuinely and openly address any feedback, which may include making amendments to your original proposals/wording in order to reach agreement. Any perceived negative changes (such as a reduction in bonus/benefits) are likely to be contentious and therefore having strong business rationale for the changes will assist the discussions.

“Fire and Rehire” has become contentious in recent years, and it is now clear that this must be reserved for a last resort, and can generally only be used to ensure a change in a business critical situation. Where this is used, additional requirements will apply when you are considering dismissing and re-engaging 20+ employees. Our experts can guide you through the process approaching your employees with the proposed change, and supporting you through the required process and procedure if agreement cannot be reached.

Unfortunately, businesses can sometimes be faced with a scenario where an employee is absent from work with no reason given and/or fails to make and maintain contact. We can help advise on a process that will explain how these cases can be dealt with and what necessary steps should be taken when an employee does not attend work. This can include advising on welfare checks, methods of contact and where appropriate, disciplinary action.

If you require any support with absence-related policies, or have a specific question relating to absence or ill health, please contact the team here.