
The biggest benefit for any business in providing each member of staff with
a written contract is ultimately its usefulness in helping to avoid
disputes.
Contracts need to be clear, unambiguous and sufficiently detailed to help
ensure that any disagreements can be easily resolved without recourse to a
tribunal. In order to safeguard your business, the terms and conditions you
wish staff to be bound by must be agreed in writing.
You are legally required to provide a written statement of the key terms of
employment such as hours of work, pay, holiday entitlement, notice periods
and so on to each new employee within two months of their starting work.
Such a statement is not a contract but is evidence of the terms as seen by
the employer. A written statement will provide only limited protection in
the long-run, investing in an expertly drafted contact which deals with a
much wider range of issues will help you handle more complex employment
problems. For example, an employee's duty of confidentiality, terms
governing expenses, dress codes, company mobile phones, and restrictive
covenants drafted to prevent a former employee soliciting customers are
invaluable contract clauses. It is also possible to build in a degree of
flexibility so contractual changes can be made as your business develops.
Contracts of employment do not have to be fair or reasonable as the
courts have a duty to enforce the terms as agreed. However, to secure
long-lasting and smooth relations with staff it is advisable to offer
employment on terms and conditions that are not too onerous or
one-sided. Inevitably you want to attract and retain the very best
people and you should therefore seek to encourage and motivate staff by
providing a balanced contract which takes into the account the needs of
both parties and arrives at an agreeable compromise.