An employment contract is legally binding from the moment an offer is accepted — even if nothing is written down. But a well-drafted written contract protects both employer and employee by setting clear expectations and avoiding ambiguity.
The Legal Minimum: Written Statement of Particulars
In the UK, employers must provide a written statement of employment particulars from day one of employment. This must include:
- Names of employer and employee
- Start date and, if different, the date continuous employment began
- Pay and pay intervals
- Hours of work
- Holiday entitlement (including public holidays)
- Job title or a brief description of work
- Place of work
- Notice periods
- Sick pay provisions
- Pension arrangements
Optional but Important Clauses
Beyond the statutory minimum, well-drafted contracts often include:
- Probationary period — typically 3–6 months with shorter notice and review provisions
- Confidentiality — protecting trade secrets and sensitive business information
- Intellectual property assignment — ensuring work created during employment belongs to the company
- Restrictive covenants — post-termination restrictions on competing, poaching clients or colleagues
- Garden leave — allowing the employer to require an employee to stay away from work during their notice period
Restrictive Covenants: Are They Enforceable?
Restrictive covenants are only enforceable if they go no further than is reasonably necessary to protect a legitimate business interest. Courts will strike down covenants that are too wide in scope, geography, or duration. Take legal advice when drafting these clauses.
Varying the Contract
Changes to employment terms generally require the employee's agreement. Imposing changes unilaterally risks claims for constructive dismissal or breach of contract. Where changes are necessary, consult with employees and obtain written consent.
This guide is general information, not legal advice. Consult an employment lawyer when drafting or reviewing contracts.
