Employment Contracts 

Employment law is a specialised subject which is dynamic and constantly evolving.  

Whilst this section aims to provide an outline of the legal requirements in relation to employment contracts it can by no means replace independent legal advice on the actual terms and conditions of the contract specific to individual employees. 

The relationship between an employer and employee is governed by Employment and it is is important to note that the existence of the relationship of employer and employee does not depend on the existence of a tangible document, but rather on the legal relationship between the individual and the club.

Every employee must be given a written statement setting out the details of the employment. This applies as much to casual or temporary workers as to long-term staff. The Employment Rights Act 1996 lays down the bare minimum that needs to be included in the particulars (referred to as the principal statement), though very often the employer will wish to have a fuller contract of employment, the existence of which will make a principal statement unnecessary.

The principal statement must contain the following information:-

• full name of employer;
• full name of employee;
• date when employment began and (if different) date when continuous employment began;
• pay, or method of calculating pay, and pay intervals ;(this should include details of overtime pay or time off in lieu);
• hours of work, with terms and conditions relating to normal working hours;
• holiday entitlement;
• job title or brief description of the work; (it is better not to go into detail in the statement or contract as any later variation of the work would then require the consent of the employee);
• place of work or, if various places, details of that, and address of employer;
• if employment is temporary, the expected end date;
• if employment is fixed term, the date on which it will end; (fixed-term arrangements need to be worded vary carefully, as they can expose the employer to large claims for wrongful dismissal. The phrase 'Unless previously terminated' should be included to allow termination of the contract before the agreed date by giving notice);
• if employment is for a task, a brief description of the task whose completion will end the contract;
• if employee is going overseas, details of the place and period and and currency of payment;
• any rules about time off sick, and sick pay (if any);
• pension details or lack of pension (Stakeholder Pension Regulations apply if there are five or more employees);
• any disciplinary or grievance procedures (if fewer than 20 employees, it is sufficient to nominate the person with whom any grievances should be raised);
• period of notice to terminate employment.

Any change in the particulars must be notified to the employee within one month of the change.

The statement of particulars sets out only part of the overall contract of employment, and should be regarded as the bare legal minimum. It is normal practice for the employer to provide a longer written contract of employment which includes further terms and conditions. These would normally include the following further information:

• any other person or organisation the employee may have to work for;
• any accomodation provided ;(there should be a separate agreement for the occupation of accomodation);
• pay review procedures;
• deductions from pay (if any);
• time off for public holidays;
• annual leave, and details (if any) of when it must be taken; (note the statutory minimum is 5.6 weeks paid = 28 days for someone working a five day week);
• probationary period of employment;
• retirement; (no claim for unfair dismissal can lie if the person is dismissed after the state retirement age or the employer's compulsory retirement age, so there are advantages for the employer in not setting too high an age);
• restrictions on working elsewhere; (note that the Working Time Regulations apply to all a person's employments, so each of his employers should know the details of his other paid work);
• confidentiality;
• privacy, and monitoring of communications;
• Data Protection Act and the employees consent for the employer to hold sensitive personal data;
• contact with the media;
• relocation expenses;
• expenses;
• car use;
• child care;
• use of facilities;
• outside remuneration;
• gratuities;
• variation; (a variation clause can be very useful in enabling the employer to make relatively minor changes to the contract);
• Signatures (not a legal necessity, but good practice and may be useful proof that the employee has had full notice of all the terms of the contract).

If you require further assistance please do not hesitate to contact the Legal Team Tel:  0844 5569519  Email: legal@rya.org.uk.