Employment Contract Review

The rules and regulations in employment law can change frequently. This means that it is important to regularly review your contracts of employment and other employment documentation such as staff handbooks, policies or procedures. 

At CWJ, our employment lawyers can carry out a review of your contracts and recommend any necessary changes, by adjusting the employment contracts in place or drafting new bespoke contracts.  

We can also review and advise on the potential enforceability of restrictive covenants and post termination restrictions such as non-compete or anti-poaching clauses.

Why work with our employment solicitors?

Our Employment Law team are leading experts with a wealth of combined experience in dealing with various employment matters. We work with a wide range of employers in a variety of industries and, as such, are perfectly positioned to provide tailored employment advice.

Head of Department  Laura Claridge has more than 12 years of experience in employment law and is a member of the Employment Lawyers Association and an Affiliate Member of the Chartered Institute of Personnel and Development (CIPD). 

Our Employment law team have been recognised nationally for their expertise in the following ways:

• Ranked band 4 for Employment Law by Chambers and Partners
• Laura is recognised as an ‘Associate to Watch’ by Chambers and Partners
• Ranked by the Legal 500 for Employment Law

What happens in an employment contract review?

We will review the terms of the contract, including:

• Termination and renewal
• Hours of work
• Employee Benefits
• Holiday entitlements
• Pension arrangements
• Absence and sick pay
• Notice periods
• Intellectual property
• Data protection
• Health and safety
• Restrictive covenants

We can also assist with drafting a reviewing director service agreements and negotiating employment contract terms.

Our additional employment services

Employment retainer schemes

We offer cost-effective Employment Retainer Schemes, providing up-to-date legal advice on the ever-changing area of employment law. These schemes work on an annual fee basis.

Employment training sessions

Our Employment Team offer a series of practical and informative training sessions which cover a variety of employment issues.

Defending employment tribunal claims

Where an employee has submitted an employment tribunal claim against you, our Employment team can provide sound legal advice and representation to defend the claim, and advise on settlement options.

Employment contract review FAQs

What should an employment contract include?

A contract between an employer and an employee is a legally binding agreement which includes:

• Specific terms which are agreed in writing, such as an employee’s pay and working hours (these are ‘express’ terms)
• The terms that are part of employment law (‘statutory’ terms)
• Terms that may be obvious but should be included to ensure an employee is aware of their rights and responsibilities (‘implied’ terms)
• Terms put into a contract from other sources such as a staff handbook (‘incorporated’ terms)
• Terms restricting an employee from taking certain actions during their employment or once it ends

Do employment contracts need to be in writing?

As soon as someone accepts a job offer from your business, they have a contract with you. An employer is required to give a written statement of terms of employment on or before the employee's first day of employment. Employers may face a financial penalty for failing to do so. 

When can you change the details of an employment contract?

It is only possible to change the terms of an employment contract once you and the employee, have agreed to the new terms (either individually or through a recognised trade union).

There are lots of reasons why you might need to consider employment contract changes, including where you need to:

• Update contracts with new laws and regulations
• Reflect changes to someone’s job role
• Introduce new terms and conditions
• Reflect changes to the wider organisation, such as restructuring

Does an employment contract need to be signed?

It is not necessary for an employment contract to be signed for it to be considered a legally binding agreement between the parties.

Contracts can be agreed verbally or simply implied through conduct. Even where a contract has not been signed by the employee, it can still be legally binding and seen as acceptance of the terms which have been set out.

What options are available if an employee breaches their contract?

If an employee breaches their employment contract, you will typically have the right to go through the disciplinary process to address the issue. Depending on the circumstances, this may result in the employee’s dismissal.

There may be certain situations where you can pursue the employee in question for damages. However, in practice this is unusual this can only be in respect of a financial loss which you have directly suffered as a result of the breach.

When acting on any breach of contract, it is essential to follow the terms and conditions which are set out in the employment contract regarding disciplinary, dismissal or grievance policies.

Why are employment contract reviews important?

Given that employment law is constantly shifting, it is essential that your employment contracts remain up to date to ensure that your position as an employer is protected and that your employees have a clear understanding of where they stand.

It is especially important to seek advice on these matters from a legal professional who specialises in employment law, because you may be unaware of if there are any issues which may leave you vulnerable.

How often should employment contracts be reviewed?

The frequency that employment contract reviews should take place will vary. Typically, employment contract reviews should take place at least annually – or sooner if there have been any significant changes to the business, such as a restructure.

Speak to our employment solicitors to arrange a free employment contract review

If you are interested in receiving a free employment contract review, please get in touch with our Head of Employment, Laura Claridge, using the contact details on her staff profile.