Employment Rights
Employees and Employers have a number of employment rights and obligations attached to their relationship. These are specified in the employment contract that an employee should sign before to starting employment but, more importantly, they are implied into the relationship through statute and case law.
An employee does not necessarily need to be provided with an Employment contract. The legal requirement is to provide a statement of terms. That said, it is good practice to provide all employees with an employment contract. It will make any issues much easier to deal with at a later date.
Express/Contractual terms
An employment contract can deal with the following :-
- Definition of role; title, specifics, areas of responsibility, reporting obligations, targets and obligations;
- Pay rate: including any provisions for a bonus or commission;
- Location: flexibility to ensure that employees can work at alternate offices and/or overseas in certain situations. A mobility clause;
- Restrictive covenants, preventing soliciting of clients/workers/suppliers post termination, preventing working for a competitor within a reasonable distance. Care needs to be taken when drafting restrictive covenants to ensure that they are enforceable;
- Termination: Length of notice period, gardening leave, redundancy rights;
- Employee Warranties
- Incapacity and Holidays
- Confidential information
- Pension requirements
(this is not an exhaustive list)
Implied terms to an employment relationship
Employee
These terms will apply to an employer/employee regardless of whether they are stated in the employment contract and they cannot be overridden.
- Duty to exercise reasonable skill and care
- Duty of Fidelity: This means that an employee must serve the employer in good faith. Case law has shown that this can include the following: A duty not to disrupt the employer’s business, not to compete, not to solicit the employers customers, not to entice employees, to disclose wrongdoing, of confidentiality, not to misuse the employer’s property, to account.
- Duty to be adaptable: The relates to new working methods and in some cases mobility;
- Duty to obey lawful and reasonable orders: It is a matter of fact as to whether an instructions is lawful or reasonable, but if it is the employee has an obligation as the cornerstone of the relationship to undertake it;
Employer
- Duty to pay wages, although there is no right to be paid for a period when an employee refuses to work.
- Duty to provide work
- Duty to give reasonable notice: The notice period will be set out in the contract or alternatively a default position is laid down by statute;
- Duty to provide a safe working environment, including health and safety duties;
- Mutual trust and confidence;
- As well as this a number of duties apply in relation to an employees treatment which include not to bully/harass. Discriminate (age , race, sex, religion, sexual orientation etc).
(this is not an exhaustive list of obligations)
It is important that employers are fully aware of their obligations. Employment law is one of the most dynamic and evolving areas of law and it is important that they obtain regular updates. They need to understand their obligations when dealing with grievances, disciplinary processes, redundancy, retirement, maternity leave, interviews, disabilities and complaints. A better grasp of obligations and procedures required at an early stage will ensure that less employer/employee matters become litigious. Tribunal claims are expensive and time consuming to deal with.
If you are in any doubt about employment rights or employment law, seek specialist advice from solicitors.
