How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48496
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

how do i get round the problem of staff contracts i was stupid

Customer Question

how do i get round the problem of staff contracts i was stupid enough not to give out contracts at the beginning of starting my business which was 7 years ago i was told i can still give them out with a 4 week discussion period i gave one to a senior member of staff to read over she handed it back saying its a old contract and said am not signing it
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

What does she mean it was an old contract - that it does not reflect what terms she believes currently apply to her?

JACUSTOMER-in91wzn9- :

yes she reclons the laws have changed but as i said i was told issue them giving them 4 week discussion period but must state in it how things are just now am a bit muddled now

JACUSTOMER-in91wzn9- :

i didnt get a answer?

Ben Jones :

I have not provided one yet

JACUSTOMER-in91wzn9- :

okay sorry

Ben Jones :

what does she not agree with in the contract?

JACUSTOMER-in91wzn9- :

no just said its not up to standards with new laws

JACUSTOMER-in91wzn9- :

she didnt exactly state what. am not too sure what should and shouldnt be in it

JACUSTOMER-in91wzn9- :

the contracts i gave out where normal contracts but for some reason she has a problem i need to find out where i stand

Ben Jones :

where did you get the contract from?

JACUSTOMER-in91wzn9- :

my solicitor

Ben Jones :

ok let me get my response ready please

JACUSTOMER-in91wzn9- :

okay thank you will it be emailed as i am off out

Ben Jones :

you will get an email when I have resopnded

JACUSTOMER-in91wzn9- :

okay thanks

Ben Jones :

Under law you are required to provide a written statement of employment particulars within two months of the start of someone's employment. This is not a contract and actually by law you do not have to issue a contract, but doing so will give you a clearer indication of what terms apply to the employment relationship.

So as mentioned the law only requires you to issue the written statement. You can find details of its contents here:

https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars

If you wish to issue a contract instead, then it must contain at least these things as required above. In addition you can add any other terms that apply to this specific relationship.

I would guess that the employer has given you a legally compatible contract so you need to check what exactly this person is unhappy with and discuss the matter with them further. Go through each point they dispute and see why they do not agree with it. Point them to the legal requirements of a contract and check they are supposed to be included. If they still do not agree to the contract then you can just issue them with the basic statement of employment particulars by following the link I provided and that should still cover you legally.

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much