Using template employment documents wisely and safely

1. Legalese/legal language

While it’s okay to rewrite things into plain English, be very careful not to lose any key phrases, words or clauses that are there to protect your organisation. If you don’t understand something don’t just assume you can delete it.

Key clauses that will protect your organisation in a time of crisis include:

• temporary lay-offs.
• short-time working.
• taking accrued holiday during notice periods.
• right to dismiss people during the probationary period using a shorted/abbreviated disciplinary process.

Key clauses we find people deleting because they don’t think they are required include:

• date of continuous service.
• working outside the UK.
• union recognition agreements.

Only include in the contract, items that are contractual. Once signed this document creates the structure for the relationship between you and your employee and cannot be changed without consultation/agreement. Topics/clauses that are NOT contractual and so can be set out elsewhere include: how shifts are notified, arrangements for a first day, reporting when sick, performance review process, non contractual bonuses, expenses reimbursement, job responsibilities.

2. Look and design

There is no point in having a great document if no one ever reads it or, if they do try to read it, they get put off by poor design.

After you have done your tweaks and changes, check the formatting, check spacing, stand back to check your document has ‘visual’ appeal. The things that will damage the visual appeal include putting too much content on each page, overly long sentences, overly legalistic sentences, a mess of colours or branding……

Consider too if the document still works as intended on different devices…mobile, laptops etc . Get different people to check on their devices if all words etc display correctly.

3. The ‘tone’

When your employees read the document, the language needs to reflect the language used in your organisation. Don’t ever use words that will ‘jar’ or just not feel right to those who know your culture.

Also be careful to include words and phrases, introductions and explanations that set this document in context. If it’s the first formal document a new employee sees then think about whether it’s welcoming, encouraging questions, easily accessible language/words are all important, so they don’t feel isolated or unclear.

4. Attention to detail

Have you got the name right, the date right, the signatories correct, the holidays properly calculated, the correct notice period, start date, continuous service date, salary and hours/days of work all double checked. And have you checked the current job title and who they report into?

The little details, especially for a new starter, can say so much about your organisation and how much it ‘cares’ about professionalism and helping its new employees settle in.

5. Avoid

• Making the document overly long will result in your employees either not reading it at all or otherwise just skim reading a few bits. If in doubt, add in some links to policies or procedures elsewhere so as to keep the focus here on the contractual essentials.
• Check there is no link in the footer to the website you downloaded the template from!
• Using an out of date document that doesn’t include the latest legislation or best practice – check the date the document was first downloaded. 

6. If in doubt, ask!

It’s not uncommon that legal phrases and jargon are misunderstood both by managers, new HR team members and the employees themselves. If you’re responsible for putting together a contract of employment don’t assume you have great knowledge, instead ask and check – and then double check! This is a legal document so this is not a time to let ego’s or complacency get in the way.

How we can help

Jaluch as always is here to support, even on just an ad hoc basis while you are finalising your contracts and other documents. If you are looking for professional template documents (which are always kept up to date!) have a look at Docs Wizard. Please do call our team if you have questions.