Melanie Slocombe - Ready-made employment contracts: letters & forms

Ready-made
Employment Contracts
Letters & Forms

1st edition 1997
2nd edition 1999
3rd edition 2002
4th edition 2005
5th edition 2006
Reprinted 2007
6th edition 2009

2009 Lawpack Publishing

Lawpack Publishing Limited
7689 Alscot Road
London SE1 3AW

All rights reserved
Printed in Great Britain

ISBN: 978-1-906971-11-3

Exclusion of Liability and Disclaimer

While every effort has been made to ensure that this Lawpack publication provides accurate and expert guidance, it is impossible to predict all the circumstances in which it may be used. Accordingly, neither the publisher, author, retailer, nor any other suppliers shall be liable to any person or entity with respect to any loss or damage caused or alleged to be caused by the information contained in or omitted from this Lawpack publication.

For convenience (and for no other reason) him, he and his have been used throughout and should be read to include her, she and her.

This Lawpack publication may not be reproduced in whole or in any form without written permission from the publisher, except that individual forms may be photocopied by the purchaser for his or her own use, but not for re-sale.

Lawpack publications are designed to provide authoritative and accurate information on the subject matter covered. However, neither this nor any other publication can take the place of a solicitor on important legal matters.

This Lawpack publication is sold on the understanding that the publisher, author and retailer are not engaged in rendering legal services. If legal advice or other expert assistance is required, the services of a competent professional should be sought.

The forms included in this Lawpack publication cover many everyday matters, but we cannot cater for all circumstances. If what you want is not included, we advise you to see a solicitor.

This Lawpack publication is designed only for use in England and Wales. It is not suitable for Scotland or Northern Ireland. The law is stated as at 1 May 2009.

The information this book contains has been carefully compiled from reliable sources but its accuracy is not guaranteed as laws and regulations may change or be subject to differing interpretations.

As with any legal matter, common sense should determine whether you need the assistance of a solicitor rather than relying solely on the information and forms in this Lawpack book.

We strongly urge you to consult a solicitor whenever substantial amounts of money are involved, or where you do not understand the instructions or are uncertain how to complete and use a form correctly, or if you have any doubts about its adequacy to protect you, or if what you want to do is not precisely covered by the forms provided.

Ready-made Employment Contracts, Letters & Forms contains all the important and ready-to-complete forms and documents you need to manage your companys or organisations employees.

Virtually every employment record-keeping form is at your fingertips, giving you the protection you need without the inconvenience or cost of using a solicitor for simple employment matters you can easily handle yourself.

Lawpacks Ready-made Employment Contracts, Letters & Forms is the ideal way to get it in writing. What better way to legally document your important employment agreements and contracts, avoid troublesome disputes, enforce your legal rights, comply with legal obligations and avoid liability?

Virtually every size and type of organisation can use Ready-made Employment Contracts, Letters & Forms. It can be used by both non-profit-making and profit-making businesses to document employee turnover, agreements, salaries and policies. It will be particularly useful to time-starved small and medium-sized businesses, which can easily keep up-to-date, accurate and valuable employment records with this book.

Using Lawpacks Ready-made Employment Contracts, Letters & Forms is easy by following these simple instructions.

To find the appropriate form, look through the two tables of contents. The first lists them by category in Sections; the second alphabetically. Consult Section Glossaries for summaries of each form.

You may find several forms for the same general purpose, read through and select the form most appropriate for your specific needs.

Cut out and photocopy the form you want and keep the original so it can be used again in the future. Alternatively you can use the form as a template to prepare your own documents. Letter-type documents can be personalised by being reproduced on your own letterhead.

Complete each form fully. Make certain all blanks (name, address, dates, amounts) are filled in. You may need to delete or add provisions in some forms to suit your requirements. If this is necessary, make sure each deletion or insertion is initialled by all parties. If there is not enough space on the document to make your insertion, it is best to type out the entire document, including the insertion, on a new sheet of paper.

Some forms and sections have noted instructions, which should be observed if you are to use the form or forms properly. Some forms refer to other forms in this Ready-made Employment Contracts, Letters & Forms, other documents or copies of documents which will need to be attached to the form before use.

The pronoun it within a form can refer to an individual as well as a business entity. The pronoun he can refer to a woman as appropriate.

Under English law a contract does not have to be written down to be valid and enforceable. A verbal contract has just as much validity as a written contract. The problem associated with a verbal contract is that if there is a dispute over the contract the only evidence of the terms of the contract is the verbal evidence of each party to the contract which will be based on memory.

The reason that important contracts are written down, therefore, is so that a written record exists of what was agreed between the parties, to minimise the possibility of later disputes.

A contract exists where two or more parties make mutual promises to each other to take some sort of action or to make some payment to each other. An exchange of goods for money is the simplest form of contract. A simple promise by A to B, however, is not a contract, because B has given no consideration to As promise. In order to turn As promise into an enforceable contract B must also make some promise or payment in return (the consideration). A contract like this involving mutual promises can be referred to as both a contract and an agreement, and both terms are used to mean the same thing in Ready-made Employment Contracts, Letters & Forms.

Signature of Agreements: The part of an agreement that the parties sign is known as the attestation clause. In simple agreements, the attestation clause is the same for both companies and individuals. Each party should sign the agreement and also get a witness to sign and provide his or her name and address if indicated.

Use caution and common sense when using Ready-made Employment Contracts, Letters & Forms or any other do-it-yourself legal product. Whilst these forms are generally considered appropriate for self-use, you must nevertheless decide when you should seek professional legal advice instead. You should consult a solicitor if: