If you have not fully complied with the law then apart from breaking the law you are also leaving yourself wide open to all sorts of possible legal problems. Many employees who fall out with their employers seek redress through the employment tribunal system which can be very expensive for the employer in more ways than one. It would be very hard to defend a case without being able to present any legally binding documents in effect your are giving your employees a blank canvas on which to write their own employment terms and conditions. Any tribunals starting point would be the employment contract if you have not got one it is certainly not the employees fault.
Every employment contract must contain certain legally required statements such as hours of work, job title, a brief job description, details of pay rates and holiday entitlement, details of the companies grievance procedure, examples of gross misconduct, termination processes including how much notice each party has to give each other. Other clauses should cover are; right to search, alcohol and drug use at work, anti discrimination policy, deducting cash shortfalls from employees pay the list can and does go on and on. The employment contract is also a vital part of proving due diligence in defending many other possible court action both criminal and civil.
For example if an employee is drinking on duty and becomes violently drunk and attacks a customer or other member of staff and you have no employment contract then how can you prove it was your policy that members of staff should not drink alcohol whilst on duty. The answer is you cannot. The employee could then just say no one had told them they couldn't drink on duty therefore they were not in breach of company policy. Who do you think a court or tribunal might find to be at fault when the case is presented to them? plus who do you think they will perceive as having the greater amount of money available to settle any claim - you or your drunken employee?
If when you cash up you find that your till is £20 down and decide that you want to recoup the loss from the members of staff that were working that particular till. You then deduct £10 from each of theirs wages. Well, unless you had a contract of employment with a clause in it allowing you to do so you would be breaking the law.
We have written a editable employment contract which you can buy here and now and be using within minutes from now. Our employment contract covers, Bar Staff, Kitchen Staff, Waiting staff in fact just about any employee in any role. You simply download it, unzip it and start making it your own.
Not only do you receive the employment contract but we also supply a document explaining what you need to enter and more importantly guidance on vital aspects of employment law - for instance do you know what breaks your employees are entitled to or what their legal holiday entitlement is? our guide will give you all that info.