I'm trying to draw up a job contract for employees in a new shop.

S

salesman

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Hi, I'm trying to draw up a job contract for employees in a new shop. I was just wondering:
  • If I might want to put hidden security cameras on site in the future, do I need to put this in the contract?
  • Would it be possible to include a clause saying that employees can be searched entering/leaving the premises if required?
  • I seem to remember hearing that an employer needs to make sure total employment hours don't exceed a certain limit??? How should I address this...? Do I need a clause in the contract telling them they've got to inform me of any other employment?
  • Can I put a clause at the end of the contract saying something along the lines of "The company reserves the right to vary the terms herein" in case something arises that I haven't thought of?
Would really appreciate help. Thanks!
 
Re: drawing up job contract

Think you need a few hours with a good employment solicitor - cost you < 1000 but worth every cent...
 
Re: drawing up job contract

Are there solicitors that specialize in that kind of thing? Any recommendations?

I certainly had planned to get my own solicitor to look at it, but what I'm trying to do is put together a complete draft of all the things I'd like to have in the contract - or think I might need - before I show it to him and get his advice. Otherwise, if I just turned up and ask him to put together a job contract I reckon there'd be a load of to-ing and fro-ing as he mightn't think of some specifically shop-related issues.

On that note, is there anything that the business people here would recommend should definitely be in a contract for sales staff?
 
Re: drawing up job contract

The time-keeping requirements you're talking about come from the Organisation of Working Time Act 1997 and subsequent regulations.
As an employer, you've got to keep records of the hours the employee works for you – see .
The Dept of Enterprise, Trade and Employment also has quite a good leaflet on the Act.
My understanding is that the Act's purpose was to protect employees from being forced to work excessive hours, but as far as I know there's no law that says the employee can't choose to work loads of hours. They just have an entitlement not to. I certainly don't think there's any onus on an employer to check that an employee who's working for a second company doesn't of their own volition clock up loads of hours. You're not a labour law inspector.

If I were you I'd cover myself by giving the staff the DETE's leaflet, telling them what hours you want them to work (which don't exceed the legal max) and explaining what the legal max is.
 
Re: drawing up job contract

There was a court case a few years ago about the use of hidden cameras in a workplace - see the report [broken link removed].
As current legislation stands, it isn't illegal to covertly film and photograph people in public or work spaces (except in places where personal privacy would be grossly invaded, such as a toilet).
However, it is a crime to tape their voice without their knowledge.
But not sure if the law has changed since then.
 
Re: drawing up job contract

Would it not make sense to make the cameras as obvious as possible – and point them straight at the tills or whatever you're concerned might be stolen? Then they act as a deterrent, rather than trying to catch someone who might or might not have noticed the 'hidden' cameras anyway.
 
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