Employment Contract Review

Employment Contract Review

CASE STUDY

Dr X is currently working as a ST4 Consultant in Emergency Medicine. Dr X approached MDS to review their Consultant conditional offer letter and employment contract as they were due to commence a new position imminently. Initially, Dr X provided us with a copy of their conditional offer letter and our team reviewed this to highlight key points for their consideration. We advised we could complete a further review of their contract on receipt. . 

Later, Dr X sent over their employment contract for the Substantive Consultant position. On review, we noted Dr X’s salary had been calculated using the previous years’ pay circular. On perusal of the latest Pay Circular, which came into effect earlier that year, we advised Dr X of the correct salary rate, which was more than what had been contracted..  

We advised Dr X to raise this concern with the Trust who later amended his contract to reflect the correct pay.

MDS ADVICE & OUTCOME

MDS reviewed Dr X’s conditional offer letter and employment contract carefully; considering each section, line by line. We located the issue in respect to the Dr’s pay within the contract and raised our concerns to the Dr. 

It is crucial to thoroughly review your employment contract to ensure it is up to date with current employment legislation, new regulations, or to reflect changes and developments within the workplace. 

Dr X has confirmed his basic pay has been corrected, and he has received all back-dated payment for this error.

LEARNING POINTS

• As per Employment Rights Act 1996, an employment contract between an employer and an employee/ worker is a legally binding agreement. Anyone legally considered as an employee or worker has the right to a written document summarising the main terms of their work. 
• The purpose of an employment contract is to ensure that both the employee/worker and the employer have a clear understanding of what is expected during the term of employment. 

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