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Contracts of Employment

Our employment law solicitors advise company directors, senior executives, professionals, and other employees on their employment contract terms and how those terms impact their contractual relationship with their employer.

Our employee guidance covers all stages of your employment – from initially negotiating the terms of your contract to advising you on your rights and obligations and any proposed changes to your terms of employment. We can also help you to exit your employment in the most advantageous way possible, ensuring the terms of your contract are properly observed. We will review and look at ways to limit any post-employment restrictive covenants your employer may wish to impose.

Looking for more information? Please take a look at our Employment contract FAQs.

To discuss how our employment contract lawyers can help you, please contact us on 01689 887840 or fill in our enquiry form.

Our employment contract services

Our employment contract expertise

Our Employment team advises senior executives, high-level managers and other key employees on a wide range of matters. Whether you are embarking on a challenging new position or leaving your present employment, our experienced employment contract lawyers can provide comprehensive, specialist advice. 

We are based in Orpington and work with clients in London, Kent and across the South East.

Our employment solicitors are externally recognised by several respected legal directories, including Chambers & Partners and the Legal 500. Additionally, members of our Employment law team have the following memberships:

Our employment contract solicitors’ fees

We are completely transparent about the cost of our services, combining a high degree of expertise with value for money.

We will provide a clear cost estimate at the outset, with no hidden fees or charges.

Where requested, we may be able to act on a fixed fee basis for initial advice. We can also represent you at an hourly rate.

How our employment solicitors can help you

Negotiating and drafting employment contracts

A signed employment contract sets out the relationship between an employer and employee, establishing each party’s rights and obligations. Our employment lawyers will help you to negotiate terms that are representative of your best interests.

Guidance on directors’ service agreements

Company directors have specific duties and responsibilities under the Companies Act 2006. A director’s service agreement establishes the director’s obligations and usually requires greater detail than a typical contract. At Clarkson Wright & Jakes, we have substantial experience in drafting and negotiating directors’ service agreements.

Advising on amendments to employment contracts

Many factors can necessitate a contract amendment, including business reorganisation, changes to the business, or a flexible working request. Our employment lawyers can advise you on how to legally amend an employment contract or resolve disputes relating to contract amendments.

Breach of employment contract

If either employee or employer breaks the terms of a contract, seeking specialist legal representation is vital at an early stage. Employment contract terms do not necessarily have to be written to be enforced as some clauses are implied into the working relationship. Our team of contract lawyers at Clarkson Wright & Jakes can provide timely and robust advice to ensure that such breaches are met with the correct legal action.

Employment contract disputes

It is essential to seek advice at an early stage in the event of a dispute.  We can represent and assist you with the ACAS early conciliation process, and if all else fails, we will represent you in the employment tribunal or court to help you reach the desired outcome.

Terminating contracts of employment and Settlement Agreements

Terminating a contract can be a complicated and stressful process. A settlement agreement sets out the agreed terms of termination of employment. The employee agrees not to bring any employment related claims in exchange for a payment. The Settlement Agreement can cover matters such as share options, redundancy and bonuses.

If you are looking to claim a settlement agreement or you are looking to terminate an employee, it is vital to seek advice at an early stage to avoid complications. Our specialist employment solicitors will provide bespoke advice to help you agree terms that you are happy with if you find yourself in this situation.

Garden leave and employment post-termination restrictions on employment

Gardening leave is a period when an employee is not required to work whilst remaining on full pay.

Post-termination restrictions prevent former employees from taking certain actions after their employment ends that may harm the business, like poaching staff or customers. These restrictions need to be drafted carefully to ensure that they are legally enforceable because if the terms are too restrictive, they will be void.

Our expert solicitors can provide concise and practical guidance about these clauses.

Employment contract FAQs

What is a contract of employment?

Your employment contract is a legally binding agreement between you and your employer. It should include a description of your role, establish your responsibilities and give details of the employer’s obligations to you.  In addition to any written contract terms, certain obligations are implied by the general law.  

What are the four key elements for an employment contract to be legally binding?

Before you or your employer are fully committed legally, there must be:

  1. An offer of employment
  2. Acceptance by the employee of the offer
  3. Consideration – usually payment of a salary
  4. An intention by both sides to create legal relations – indicated by clear, agreed terms of employment

 Some terms are implied even if they are not specifically stated, such as the requirement that an employer and employee act in good faith.

What should be included in a contract of employment?

Employees must be given a principal written Statement of Employment Particulars when starting their job. This is a legal requirement and will cover many of the elements of an employment contract.

Clauses you would expect to see in a well-drafted employment contract include:

  • Expected working hours
  • Nature of the agreement: is it a fixed-term employment contract, for example?
  • Salary details, including any bonus or other incentive schemes
  • Employee benefits
  • Expected hours of work and holiday entitlement

What happens if I breach my employment contract?

The consequences of a breach of employment contract will vary depending on how severe the breach is and the nature of your relationship with your employer.

Minor breaches or one-off occurrences can usually be resolved informally. More severe or ‘material’ breaches of an employment contract, which go to the very heart of the contract, can irreparably damage the employer-employee relationship. In such circumstances, your employer may be legally entitled to end the contract. Likewise, there may be situations where you are entitled to bring a constructive dismissal claim if your employer fundamentally breaches a key term of your employment contract. These claims are difficult for employees to win, so seeking advice at the very earliest opportunity is essential.

Am I entitled to a copy of my employment contract?

You are entitled to a Statement of Employment Particulars when you start work. Seek advice if your employer fails to provide this.

Employment contract case studies

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Speak to our employment lawyers in Orpington, Kent about your employment contract

If you are starting a new role or need advice on any aspect of your employment contract, our specialist solicitors can help.

To discuss the advice and support our employment contract lawyers can provide, please call 01689 887840 or fill in our enquiry form.