Once you have made an offer of a job, the most basic terms of the employment can be confirmed in the offer letter, matters such as start date, salary, hours etc. You may wish to make the job offer conditional on satisfactory references because a contract begins as soon as an employee accepts the job offer, whether verbally or in writing. By making the offer conditional, it means that you can retract the offer if you find references are not quite what you would want to see.
You must provide written terms on or before the date the employee starts working for you and should state the basics of the job. A more detailed contract can be given within 2 months of the employee starting work. A full list of terms is included in the attached checklist, but here are some clauses where explanations are required:
The start date - this should also include any previous employment with the employer which could be seen as continuous employment depending on the gap
A job title and job description - this should be as comprehensive but also broad in it’s range to allow for flexibility in duties. A job description can be provided on a separate document from the main contract - this allows you to adapt it following future reviews with the employee
Places where the employee may be expected to work - these would have to be within reasonable distance of each other unless otherwise agreed
Pay - pay heed to the annually changing minimum pay rates for each age group. The national living wage for anyone over 23 years old is currently £9.50.
Hours - again, these should not exceed the statutory maximum hours of work (48 hours per week) unless the employee has opted out of the limit and must include a break of at least 20 minutes after every 6 hours of work
Holiday and holiday pay - the minimum for a full time worker is 5.6 weeks (which is 20 days and usually 8 bank holidays per year.) This of course is pro rata for part-timers and also applicable to those on zero hours contracts. You may want to specify that certain holidays are taken at the same time for example, as the main dentist for whom a nurse may work
Other paid leave - this can include time off for further education or training
Conditions of the employment - for example, vaccinations and GDC registration
Notice periods required from either side - there is a statutory minimum of one weeks’ notice from the employer after an employee has worked for one month and thereafter a week per year worked up to a maximum of 12 weeks. However, there may be a different notice period on the contract which cannot be less than the statutory minimum
Length of the job if for a fixed term or temporary. A fixed term contract usually automatically expires at the end of the fixed term, but make this clear
A probation period - this may be 3 or 6 months and then reviewed. However, a probation period does not mean that an employee can be easily dismissed during that time - employment rights may still be applicable to protect the job
How the employee will be paid - eg. directly into the employee’s bank account
Standards of behaviour expected from staff and how failure may be sanctioned, for example in cases of gross misconduct
Other contractual policies must also be included in the contract and these are usually given as appendices to the main terms and conditions as they will apply to all staff equally. These may also form part of a staff handbook are:
Disciplinary and grievance procedures
Sick leave and pay procedures
Equality and diversity policies
Confidentiality policies
Pension provisions
Ensure that employment contracts are updated every few years so that they reflect how things may have changed in the practice or when you may want certain changes made to working methods. For example, many Practices do not have terms relating to social media or mobile phone usage in their contracts and if it eventually becomes an issue, it is more difficult to discipline over if does not form part if the contract. Any changes to contracts will require consultation with the staff affected. By all means use template contracts provided by many organisations, but ensure that you also adapt them to suit the specific needs of your practice.
Lastly, but most importantly, ensure that the contracts are signed by both parties and signed copies are kept by both. Check and retain copies of passports, GDC registration, DBS checks and any training - these records are usually checked during a CQC inspection.
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