All employees of a business have a contractual relationship with their employer. Surprisingly, there is no written requirement to have a written contract of employment.

Instead an employer must give the employee a written statement within 2 months of commencement of the engagement. The statement must cover certain prescribed matters, such as details of the parties, rates of pay, hours worked, holiday entitlement and so on.

Frequently, a letter offering a role can set out these matters. A photocopy of pages from a staff handbook would also suffice, as long as it deals with the relevant matters and there is additional communication in writing to identify the parties and deal with any prescribed matters not mentioned in the handbook.

In order to avoid misunderstandings as to the nature of the relationship it is advisable for employers to enter into a written contract of employment with the employee(s).

Contracts of Employment

Employing people has been identified as one of the biggest risks to a business. Defining the contractual relationship by issuing a written contract of employment puts boundaries around that risk by setting out the terms and conditions of employment in a clear and referable way.

MTM can draft contracts of employment and provide advice on all aspects of employment related matters. We can provide expert assistance with:–

• Directors service contracts
• Full, part time and temporary staff engagements
• Employee handbooks
• Written statements
• Offer & termination letters
• Disciplinary process documentation

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