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Contracts of Employment

Your employment contracts set the terms of every working relationship in your business. A well-drafted contract protects you from disputes, restricts competitors from poaching your people, and gives your employees clarity from day one. We create contracts that actually work.

Why Your Employment Contracts Matter More Than You Think

Since April 2020, every employee and worker in the UK has been legally entitled to a written statement of their main terms and conditions on or before their first day of employment. This is not optional. Under section 1 of the Employment Rights Act 1996, failing to provide a compliant written statement can result in a tribunal awarding two to four weeks' pay in compensation, and that award is often added on top of any other claim the employee brings. But the legal minimum is just the starting point. A proper employment contract goes much further than the statutory statement, and for most businesses the additional clauses are where the real value lies.

Think about what happens when an employee leaves to join a competitor and takes your clients with them. Or when a senior team member resigns and starts approaching your other staff. Or when a dispute arises over whether a bonus was discretionary or contractual. If your contract does not address these situations clearly, you have very limited options. Restrictive covenants, confidentiality clauses, intellectual property provisions, garden leave, and clawback clauses are all tools that protect your business, but only if they are properly drafted and appropriate for the role. Generic contracts downloaded from the internet rarely cover these areas adequately, and poorly worded covenants are routinely struck out by the courts as unenforceable.

At Rebox HR, we draft employment contracts from scratch, tailored to your business and to each role within it. We also review and update existing contracts, advise on contract variations when you need to change terms, and help you roll out new contracts to your workforce. If you are setting up a new business and hiring for the first time, we create everything you need as part of our new business support package. For existing businesses, we can audit your current contracts as part of an HR health check and bring them up to date. Our retained clients receive ongoing contract support, including updates when legislation changes and advice on new hires as your business grows.

What We Cover

Practical, expert support across every aspect of contracts of employment for your business.

Bespoke Contract Drafting

We draft employment contracts tailored to your business and to each specific role. A warehouse operative needs different terms from a sales director, and a part-time flexible worker needs different provisions from a full-time office employee. We create contracts that reflect the actual working arrangements, include the correct statutory terms, and add the commercial protections your business needs. Every contract we produce covers the section 1 statement requirements as a minimum, plus additional clauses on confidentiality, data protection, company property, and any other provisions relevant to the role.

Contract Reviews and Updates

If you already have contracts in place, there is a good chance they need updating. Employment law changes regularly, and contracts that were compliant five years ago may now be missing required information or contain outdated clauses. We review your existing contracts line by line, identify gaps and risks, and produce updated versions that reflect current legislation. Common issues we find include missing pension auto-enrolment details, outdated holiday entitlement wording, notice periods that do not match statutory minimums, and restrictive covenants that are too wide to be enforceable.

Restrictive Covenants

Non-compete, non-solicitation, non-dealing, and non-poaching clauses can protect your business from departing employees, but only if they are drafted correctly. The courts will not enforce a restrictive covenant that is wider than reasonably necessary to protect a legitimate business interest. That means the duration, geographic scope, and activities restricted must all be proportionate to the employee's role and seniority. A six-month non-compete for a junior employee is likely unenforceable, while a twelve-month non-solicitation clause for a senior account manager may be perfectly reasonable. We draft covenants that are tailored to each role and designed to stand up in court if challenged.

Contract Variations

When you need to change an employee's terms, whether that is their working hours, job title, pay structure, or place of work, you cannot simply impose the change. A unilateral variation of contract can give rise to a breach of contract claim or, if the change is significant enough, a constructive dismissal claim. We manage the variation process properly: advising on whether the proposed change is reasonable, consulting with the affected employees, seeking their agreement, and documenting everything. If agreement cannot be reached, we advise on the alternative options available to you, including dismissal and re-engagement on new terms as a last resort.

Zero-Hours and Casual Contracts

Zero-hours contracts and casual worker arrangements are legitimate and useful for many businesses, but they come with specific legal requirements that are often overlooked. Workers on zero-hours contracts have the same rights to the National Minimum Wage, paid annual leave, rest breaks, and protection from discrimination as any other worker. Exclusivity clauses in zero-hours contracts have been banned since 2015. And the distinction between a worker and an employee matters, because employees have additional rights including unfair dismissal protection and redundancy pay. We draft zero-hours and casual contracts that are legally compliant and clearly define the relationship, reducing the risk of a worker later claiming they were an employee all along.

Director Service Agreements

Company directors often work without a proper service agreement, relying on their articles of association or a simple employment contract that does not reflect the realities of their role. A director service agreement covers the specific duties and powers of the director, board meeting obligations, compliance responsibilities, the relationship between the service agreement and the articles, termination provisions (including what happens if the director is removed from office), and enhanced restrictive covenants appropriate to a director-level role. We draft service agreements for both executive and non-executive directors, tailored to your company's structure.

How We Help

A clear, structured approach from start to finish.

1

Audit

We review your current contracts, or if you are starting from scratch, we discuss your business, your team structure, and the roles you need contracts for. We identify what is missing, what is outdated, and what needs creating. This initial consultation is free and gives you a clear picture of where you stand.

2

Draft

We produce bespoke contracts for each role, written in clear English, legally compliant, and tailored to your business. We walk you through each contract so you understand every clause, and we make any revisions you need. If we are updating existing contracts, we produce a summary of the changes so you can see exactly what has been amended and why.

3

Roll Out

We help you issue new contracts to your employees, managing the communication and any consultation process required. For new hires, we provide the contracts ready to issue on day one. For existing employees receiving updated contracts, we advise on the best approach for gaining acceptance and handle any questions or pushback. We also set up a review schedule so your contracts stay current as legislation changes.

Frequently Asked Questions

Do I legally need to provide a written contract?

Yes. Since 6 April 2020, all employees and workers must receive a written statement of their main terms and conditions on or before their first day of employment. This applies from day one, with no qualifying period. Previously, employers had two months to provide the statement and it only applied to employees (not workers). The requirement is set out in section 1 of the Employment Rights Act 1996. If you fail to provide a compliant statement, and the employee brings a successful claim on any other matter, the tribunal can award an additional two to four weeks' pay as compensation for the missing statement.

What must be included in a written statement of particulars?

The written statement must include the employer's name, the employee's name, the start date, the date continuous employment began (if different), the job title or a description of the work, the place of work, pay and pay frequency, hours of work, holiday entitlement and holiday pay, notice periods, pension arrangements, and details of the disciplinary and grievance procedures. Since April 2020, additional information is also required on day one: the days of the week the employee is required to work, whether hours or days may vary, any other benefits provided, any probationary period, and any training requirements. Some information can be provided in a supplementary statement within two months, but the core terms must be given on day one.

What is the difference between a contract of employment and a written statement?

A written statement of particulars is the legal minimum: the information the employer is required to provide under section 1 of the Employment Rights Act 1996. A contract of employment is broader. It includes the written statement terms, but also any other agreed terms between the employer and employee, whether written, oral, or implied by custom and practice. A well-drafted employment contract goes beyond the statutory minimum to include clauses on confidentiality, intellectual property, restrictive covenants, garden leave, deductions from wages, company property, and other matters that protect the employer's interests. We always recommend issuing a full contract rather than just the statutory statement.

Can I change an employee's contract?

You can only change an employee's contract with their agreement, unless the contract contains a specific flexibility clause that covers the proposed change (for example, a mobility clause allowing a change of work location). Imposing a change without consent is a breach of contract, and if the change is fundamental enough, it can amount to constructive dismissal. The correct approach is to consult with the employee, explain the reasons for the change, and seek their agreement. If agreement cannot be reached after proper consultation, the last resort is to dismiss the employee on their existing contract and offer re-engagement on the new terms, but this carries significant risk and must be handled carefully. We manage the entire variation process for you.

How often should employment contracts be reviewed?

We recommend reviewing your employment contracts at least once a year, or whenever there is a significant change in employment legislation. Recent years have seen regular changes affecting contracts, including the extension of the written statement requirement to workers, changes to holiday pay calculations, updates to family leave provisions, and the introduction of neonatal care leave. Beyond legislative changes, contracts should also be reviewed when an employee's role changes significantly, when your business restructures, or when you identify a gap following a workplace dispute. Our retained clients receive contract reviews as part of their ongoing support.

What makes a restrictive covenant enforceable?

A restrictive covenant is only enforceable if it goes no further than reasonably necessary to protect a legitimate business interest. The courts consider several factors: whether there is a legitimate interest to protect (such as client relationships, confidential information, or workforce stability), whether the restriction is reasonable in scope (the activities it restricts), duration (how long it lasts), and geography (the area it covers). A non-solicitation clause preventing a departing sales manager from contacting clients they personally managed for six months is likely enforceable. A blanket non-compete preventing a junior employee from working for any competitor anywhere in the UK for two years almost certainly is not. We tailor each covenant to the role and keep the restrictions proportionate.

Do you provide contracts for new businesses hiring their first employee?

Yes. Hiring your first employee is a big step, and getting the contract right from the start avoids problems later. We draft a compliant employment contract tailored to the role, set up the key policies that every employer needs (including disciplinary and grievance procedures, which must be referenced in the contract), and make sure you understand your obligations around pension auto-enrolment, right-to-work checks, and employer's liability insurance. This is part of our new business support service, and many of our clients came to us at exactly this stage.

Can you help with contracts for temporary, fixed-term, or agency staff?

Yes. We draft contracts for all types of working arrangement, including fixed-term contracts, temporary contracts, and consultancy agreements. Fixed-term employees have the right not to be treated less favourably than permanent employees under the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002, and fixed-term contracts that are renewed repeatedly or last for four or more years can automatically convert to permanent contracts. We make sure your contracts are appropriate for the arrangement and comply with the relevant regulations.

We outsource all our HR to Rebox. They have been instrumental in helping us navigate the complexities of employment law and keeping our business protected.

James FieldingDirector, Fielding Properties

Retained HR Support

Ongoing HR support that includes keeping your contracts up to date as legislation changes and advising on contracts for new hires.

Retained HR Support →

New Business Support

Complete HR setup for businesses hiring their first employees, including employment contracts, policies, and compliance guidance.

New Business Support →

Policies & Procedures

Contracts and policies work hand-in-hand. We draft and maintain employee handbooks, workplace policies, and procedural documents alongside your contracts.

Policies & Procedures →

Need Help With Employment Contracts?

Whether you need new contracts drafted, existing ones reviewed, or help managing a contract variation, we are here. Book a free consultation and let us make sure your contracts protect your business.

Book Your Free Consultation

Or call us directly on 01327 640070