MANAGEMENTCorner Contracts of Employment
Here’s the next in our mini-s series of management information. By Chris Johnson, Pitchcare Training Coordinator
People tend to be a little apprehensive about Contracts of Employment but they are not as daunting as you might think. The key is to keep them simple and clear.
A Contract of Employment is an agreement between an employer and an employee. It can be:
• verbally agreed (but see notes on written statement, below)
• in a written contract, or similar document
• in an employee handbook or on a company notice board
• in an offer letter from the employer
The contract is made as soon as a job offer is accepted, and both sides are then bound by its terms (the rights and duties of both parties) until it is properly ended (usually by giving notice) or until the terms are changed (usually by mutual agreement).
If the terms of the contract change, the employer must give the employee the new information in writing within one month
If there is anything in the contract that an employee is unsure about, or which is confusing, the employer must explain it when asked.
The employer should be made clear about what forms a legally binding part (that is, a ‘term’) of the contract and what does not. For example, the company
handbook may set out a procedure that the employer will aim to follow if they can, but that is not legally binding.
Implied Contract Terms
Implied terms are not written down anywhere, but are understood to exist. If there is nothing clearly agreed between by the employee and the employer about a particular matter, then it may be covered by an implied term. Terms are implied into a contract for a number of reasons. For instance:
Terms necessary to make the contract work
Terms may also be implied because they are necessary to make the contract work. The most important of these is the ‘duty of mutual trust and confidence’. This means that employer and employee rely on each other to be honest and respectful. For example, the employer trusts the employee not to destroy company property, and the employee trusts the employer not to bully.
Obvious or assumed terms
Some terms are implied either because they are so obvious that it is not felt necessary to write them down, or because it will be assumed that such a term exists.
An example of this might be where a contract provides for sick pay without saying how long it will be paid. It will be assumed
Days OFF!
that it is not intended to be paid forever.*
Terms implied by custom and practice
These are specific to an employer or kind of work; they are arrangements that have never been clearly agreed but over time have become part of the contract. For example, there might be a Christmas bonus paid every year, or the business might close early on particular days. If a company practice has become a part of the contract then the employer must stick to it, and cannot normally change it without the employee's agreement.
An employee must be given a ‘written statement of employment particulars’ setting out the main terms within two months of starting work. The statement must include:
•pay • hours of work • holiday entitlement • sick pay arrangements • notice periods
• information about disciplinary and grievance procedures
*In support of Contracts of Employment, and for the avoidance of doubt, it is good practice to publish clear company guidelines with regard to absence. These should include procedures for requesting
holidays, reporting sickness absence, compassionate leave allowance etc.
It is also essential to publish a Job description for each role within your organisation. A job description defines a person's role and accountability. Without a job description it is not possible for a person to properly commit to, or be held accountable for, a role.
But more about job descriptions another time ….!
For further information on Contracts of Employment, try:
The Advisory, Conciliation and Arbitration Service (ACAS) offers free, confidential and impartial advice on all employment rights issues. Employers and employees can call the ACAS helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday.
Local Citizens Advice Bureaux (CAB) can provide free and impartial advice. Look in your local phone book or
www.citizensadvice.org.uk
The Department of Trade and Industry
www.dti.gov.uk
Your local Business Link
www.businesslink.gov.uk
... or what Pitchcare readers get up to out of office hours
BILLY McMILLAN, BIGGA’s newly elected Chairman for 2007: Every day is a day off to my thinking; having spent my whole life working in the greenkeeping industry I still consider it the best job in the world. Every day is different and rewarding, I have the opportunity to meet and talk with so many people and work in what you could describe as the best open plan office - the golf course. Being part of a large family of Greenkeepers has helped, of course, my father and brothers have all been dedicated to golf, having spent all there lives managing and maintaining some wonderful courses. My father, Jack, was Head Greenkeeper at Sunningdale, he was chairman of BIGGA in the early 1980s, and is still involved in golf as a consultant for the European Tour. I have four brothers following in the family tradition; all are course managers at top clubs - Stewart at Mill Ride, Bobby at Hendon, Ian at Walton Heath, and Cameron at Queenwood. I regard everybody who works in this industry as a family friend and associate. I am currently Course Manager at Tyrrells Wood Golf Club, in Surrey which is, in my opinion, one of the friendliest clubs I have had the pleasure of working with. My life is divided between running the course and bringing up my six wonderful children. Being a single parent means I spend most of my days off looking and caring for my kids. I enjoy every minute of every day with them. They enrich my life and give me so much pleasure and amusement that I rarely have to bother about other self-indulgent activities. Family values are important to me, and I am keen to promote these values in my role as BIGGA Chairman. I see Greenkeeping as an extended family of people who have many similar goals and ambitions to fulfill alongside the pressures of managing a golf course in today’s ever changing climate. My role in the next twelve months is, of course, one of providing support to our members, making full use of BIGGA’s resources where possible and, in particular, taking time to listen to their views and concerns.
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