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When should I issue a contract – can’t I do this after I’ve decided whether I want the employee to stay?

By September 9, 2016Uncategorized

We strongly advise contracts are sent out with the offer letter. By not issuing a contract at this time it gives the employer less protection than issuing it as the employee will, whether issued with a contract or not, be working under an assumed contract. Essentially you may be giving excuses to employees by not issuing a contract for example, “I wasn’t sure what the absence reporting procedure was” “I wasn’t aware that I had to book holidays in advance” “I wasn’t aware I had to give my notice in writing”. In addition, you are legally required to issue contracts within eight weeks of a start date. Should there be a claim bought against you and you are also found not to have issued the employee with a Statement of Main Terms an additional award to the Claimant may be given equivalent to 2-4 weeks’ pay (capped at £958/£1,916)