- Look for samples of written statements and contracts: contact Acas or your trade association, or ask similar businesses you know.
- Decide the basic terms for the written statement: for example, pay, working hours, holidays and notice periods.
- Decide whether the job is permanent and whether you want to include a probationary period.
- Consider which areas may need flexibility, for example, the employee's job title and role, and place of work.
- Clarify any areas which you want to be non-contractual, such as discretionary bonuses.
- Draw up the written statement; ensure that you have included all the legally required information.
- Ensure that any other documents you refer to in the written statement are readily accessible (eg disciplinary and grievance procedures and pension schemes).
- Review the job and any problems you have experienced with employees and ex-employees in the past.
- Decide whether there are any requirements for the employee (eg to hold or achieve a professional qualification or a driving licence).
- Identify any other concerns, for example, confidentiality, intellectual property or the potential for ex-employees to compete with you.
- Draw up a clear contract; include the written statement and extra clauses to cover the additional contractual elements you want to include.
- Ensure that the contract is not discriminatory, does not override the employee's statutory rights and is legally enforceable.
- Take legal advice as necessary, particularly if the contract attempts to restrict employees after they leave your employment.
- Give each employee their employment contract within two months of commencing their employment.
- Explain the contract and its significance to the employee; agree the contract, and ask the employee to sign a copy.
- find out the legal requirements for the written statement
- identify key issues and areas of concern
- ensure that the contract is clear and achieves your objectives
- take legal advice as necessary
- get the employee to agree and sign the written contract
- restrict your flexibility
- include legally unenforceable clauses
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