Terms and Conditions of Employment

As an employer you have certain statutory obligations in relation to providing employees with a Statement of their main Terms and Conditions (see Contracts of Employment).

It is sensible to have these in writing anyway to avoid disputes. Depending on the nature of your business you may also benefit from having various other Policies and Procedures.

From time to time a dispute may arise as to what an employee’s terms and conditions are, either because they are not covered by a written term or because the terms are ambiguous.

The Courts and the Employment Tribunal will imply certain terms, such as an obligation of mutual trust and confidence, even where these are not written down. Even the written (express) terms may be subject to implied limitations of reasonableness, or the employee may argue that by custom and practice their actual terms are different to those that are written down.

If you need to change someone’s terms and conditions this can amount to constructive dismissal if you do not have a contractual right to do so and/or you do not go about it in the right way.

Rees Page can help by drafting clear terms tailored to the needs of your individual business. We can also assist by advising on how to deal with any disputes.