Clause reference: Clause 7.1
Clause 7.1 calculates holiday pay at basic rate only. Workers on variable hours are entitled to holiday pay based on average earnings over 52 weeks under Working Time Regulations 1998, Reg.16, as confirmed in Brazel v Harpur Trust [2022] UKSC 27. This clause may not meet that requirement — worth discussing with a solicitor.
Statutory ref: Working Time Regulations 1998, Reg.16
Remediation: Review holiday pay calculation method. Consider applying the 52-week reference period averaging method required under WTR 1998 Reg.16 for workers with variable hours.
Clause reference: Clause 11.3
Clause 11.3 specifies one week's notice regardless of length of service. Under ERA 1996 s.86, after two years of continuous service you are entitled to one week per year of service. If you have been employed for more than two years, this clause may be below the statutory minimum.
Statutory ref: Employment Rights Act 1996 s.86
Remediation: Review notice clause against your actual length of service. If you have 2+ years continuous service, the statutory minimum exceeds the contractual provision.
Clause reference: Clause 4.2
Clause 4.2 does not include a provision linking pay to annual National Living Wage increases. While not strictly required, its absence means your employer is not contractually obliged to notify you of minimum wage rate changes — a risk for ongoing compliance.
Statutory ref: National Minimum Wage Act 1998
Remediation: Consider requesting that your contract includes a reference to the employer's obligation to pay at least the prevailing NMW/NLW rate.
Clause reference: Not present in contract
The contract does not reference a disciplinary or grievance procedure, nor does it direct the employee to a staff handbook or separate document where these procedures can be found. ERA 1996 s.1(4)(k) requires this information in the written statement of particulars from day one.
Statutory ref: ERA 1996 s.1(4)(k); ACAS Code of Practice
Remediation: Your employer should provide a written reference to the applicable disciplinary and grievance procedures. Consider raising this with your employer or HR department.
Clause reference: Clause 8 (absent)
The contract makes no reference to workplace pension arrangements or auto-enrolment obligations under the Pensions Act 2008. If you are an eligible jobholder, your employer must auto-enrol you and this should be reflected in your employment terms.
Statutory ref: Pensions Act 2008 (auto-enrolment)
Remediation: Request written confirmation of your pension arrangements from your employer. If you are an eligible jobholder, auto-enrolment is a legal requirement.
Clause reference: Clause 9.1
Clause 9.1 references a 26-week qualifying period for flexible working requests. The qualifying period was abolished from 6 April 2024 under the Employment Relations (Flexible Working) Act 2023 — you now have the right to request flexible working from day one.
Statutory ref: Employment Relations (Flexible Working) Act 2023; ERA 1996 s.80F
Remediation: This clause is outdated but not harmful. You have the statutory right to request flexible working from day one regardless of what the contract states.
The contract correctly identifies both parties.
Statutory ref: ERA 1996 s.1(3)
Job title, duties description, and place of work are clearly stated.
Statutory ref: ERA 1996 s.1(4)(f)-(h)
Hourly rate and weekly pay interval are stated and appear to meet NMW requirements at the current rate.
Statutory ref: ERA 1996 s.1(4)(a)-(b)
The contract includes notification requirements and references to SSP. Adequate for statutory purposes.
Statutory ref: ERA 1996 s.1(4)(d)(ii)