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Employment contracts in the equine industry

Employment contracts in the equine industry

There is often confusion about employment contracts in the equine industry, and it’s very easy for both employers and job seekers to make mistakes that at the least can be a source of misunderstanding and dissatisfaction and in the worst case scenario, can have serious legal and cost implications which potentially can be devastating further on in time.

There seems to be a not uncommonly held perception within the equine industry that an employment contract is somehow optional or not relevant to the world of equestrian employment! For absolute clarification, this is not so and, not to put a too finer point on it, in the eyes if the law ignorance is no defence. That being said, obtaining and then understanding the correct information is not always straightforward. To assist all concerned, in this article we describe as simply as possible:

  • What an employment contract is
  • When the employment contract is given
  • Who should receive an employment contract
  • Examples of illegal employment contracts
  • What happens when an employment contract is broken

Obviously, we are not legal experts, but we are experts in equine recruitment, so the following information is for guidance only. We always advise taking expert legal advice on your specific circumstances.

 

What is an employment contract?

Employment contracts in the equine industry - legal contractsAccording to UK employment laws, as soon as an employee accepts a job offer they have a ‘contract’ with their employer. They do not need to have signed any documents or even have started work – the verbal acceptance of a job legally marks the start of the employment contract, in other words, an employment contract doesn’t have to be written down in order to legally exist!

By default, the acceptance of a job offer triggers a contract that contains relevant statutory rights of the employee, for example:

  • a right to receive a written statement of the terms of employment (known as a Written Statement of Employment Particulars)
  • a right to an itemised pay statement (payslips)
  • a right to maternity leave
  • a right to pay in compensation for being made redundant
  • a right not to be unfairly dismissed

The absence of a written contract does not remove these statutory rights and any contract, verbal or written, that takes away or denies any of these statutory rights is not legally enforceable.

Likewise, there are implied terms that come automatically with employment:

  • the employer’s obligation to provide a secure, safe and healthy working environment
  • mutual obligations not to do anything that might undermine the relationship of mutual ‘trust and confidence’ between the employer and the employee
  • the employee’s obligation to work honestly and faithfully, fulfil reasonable instructions and work with due diligence, skill and care
  • the employee’s obligation not to undermine the employer’s business

This is why it’s so important for employers AND job seekers to understand employment contracts and what they contain, and not make any assumptions.

Why give written employment contracts in the equine industry

 

So, why issue a written employment contract?

All employees are legally entitled to receive a written statement that describes the main terms of the contract of employment. This is usually referred to as a written contract, but the official term for this is a “Written Statement of Employment Particulars”. This isn’t actually the employment contract itself (the employment contract started when the job seeker accepted the job), these are the terms of the employment contract, and they must be issued in writing! This ensures both parties are clear on the employee’s:

  • employment conditions
  • rights
  • responsibilities
  • duties

Both the employee and the employer must stick to the employment contract until it ends (e.g. by the employer or employee giving notice or the employee being dismissed) or until the terms of employment are changed (usually by agreement between the employee and employer).

Whilst most employment contracts do not need to be in writing to be legally valid, it is the employee’s statutory right to receive a Written Statement of Employment Particulars in two parts; the Principle Statement and the Wider Written Statement no later than their first day of work in a new job.

It is rarely true to say an employee “does/did not have an employment contract” as an employment contract as offered and accepted by default when a job offer is made and accepted. What might be true is that the employer never fulfilled their legal obligation to provide a Written Statement of Employment Particulars to the employee.

 


In a nutshell, in employment law, the employment contract works like this:

  1. The employment contract begins when the employer appoints a candidate with a formal job offer (verbally or in writing) and once the candidate accepts the offer they become, legally, an employee.
  2. The employer must give the prospective employee their Written Statement of Employment Particulars no later than their first day of work.
  3. From step 1, both parties are in contract with each other until either terminates the employment, as per the agreement at step one

 

Employment contracts in the equine industry - an infographic


What does the ‘Written Statement of Employment Particulars’ (the written part of the employment contract) contain?

The Written Statement of Employment Particulars can be one single document or it can be made up of several documents if different sections are given at different times. For example, an employer might:

  1. give a new employee a formal offer of employment in writing
  2. give the new employee the Principle Statement of the *Written Statement of Employment Particulars AND the Wider Written Statement of Employment Particulars before or on the first day of their new job

All three documents will form the employee’s Written Statement of Employment Particulars.

No matter how the Written Statement of Employment Particulars is issued, the employee must receive the Principle Statement and the Wider Written Statement in full no later than their first day of work. *You can read more about the legal requirements of the Written Statement of Employment Particulars here.

 

Who should receive a Written Statement of Employment (a written employment contract)?

Employed vs Self-Employed

Employment contracts in the equine industry - Self EmployedFirstly, it’s very important to be clear on what a groom’s employment status is, whether working full or part-time on a permanent or temporary basis.

Many employment rights, such as the right not to be unfairly dismissed and the right to redundancy pay, rely on the groom being an employee. It is common for an employer to call a groom self-employed, freelance or a ‘working pupil’ when they are in fact an employee. Some employers might do this in order to avoid having to pay Tax and National Insurance for their employees and to try to avoid them having employment rights but, in many cases, it is due to a lack of understanding or care on the part of both parties. Again, no legal defence.

Just because a groom pays Income Tax and National Insurance as a ‘self-employed’ individual, it does not automatically follow that they are self-employed rather than an employee! Instead, this is defined by the nature of the working relationship. An example is when a groom has to ask for time off work like an employee rather than tell the employer what days/hours they are available to work like a self-employed person.

To be clear, if an employee:

  • has to ask to take time off work
  • is paid a regular salary rather than per task/requirement
  • is provided work by the employer to fill their hours

and the employer:

  • provides the majority of the tools and equipment required for the job
  • provides/sources cover when the groom is off sick or taking time off work

then it can be argued the person is not self-employed but an employee and requires at least a “Written Statement of Employment Particulars“.

 

Full-Time Grooms

When it is established and mutually agreed that a groom is to work on an employed basis, the employer must provide the Principle Statement and the full “wider Written Statement of Employment Particulars“no later than the Gropom’s first day at work.

 

⇒ Short Term/Temporary Cover

Again, as soon as a person accepts a short term job role they have a verbal contract with their employer, no matter how short the cover required. Both employers and the person concerned must be clear on whether the temporary cover is provided on an employed or self-employed basis, as detailed above.

The employer must give the groom the complete ‘Written Statement of Employment Particulars’, to confirm the terms of the employment if their employment is intended to last at least a month or more. This must include:

  • how long a temporary job is expected to last
  • the end date of a fixed-term contract

The employer must give the groom the complete ‘Written Statement of Employment Particulars’ no later than the day they start their new job.

 

Grooms who travel or work abroad as part of the job

Employment contracts when the employee travels abroadAs with any other employee, the groom must receive their complete ‘Written Statement of Employment Particulars’ no later than their first day of employment; in addition, their employer must state:

  • how long they’ll be abroad
  • what currency they’ll be paid in
  • what additional pay or benefits they’ll get
  • terms relating to their return to the UK

This information can be given to the employee in a separate document, as part of the Written Statement of Employment Particulars.

An employer may send an employee to another of their yards in a country within the European Economic Area (EEA). In this situation employees must get the terms and conditions that are the legal minimum in that country for:

  • working hours and rest breaks
  • holiday entitlement
  • minimum pay (including overtime)

 

Part-time Grooms

A part-time worker must be given their Principle Statement and their “Wider Written Statement of Employment Particulars” no later than their first day of starting a job that’s intended to last at least one month or more.

Again, as soon as a groom accepts a part-time job role they have a verbal contract with their employer, no matter how few hours they work in a week. Both employers and grooms must be clear on whether the temporary cover is provided on an employed or self-employed basis, as detailed above.

 

Freelance Grooms

Freelance Grooms are service providers and the “employer” is their client. The client will have a “contract to provided services” with the Freelance Groom, not an employment contract, and Freelance Grooms do not require a Written Statement of Employment Particulars.

This is another situation in which it is imperative to be clear on the legal status of the individual groom, and not assume that a part-time groom on a zero-hour contract is, by default, a Freelance Groom. Freelance Grooms are self-employed contractors. They are the type of grooms that come in, fully armed with tools and equipment (where appropriate), fully insured, and provide one-off or ad-hoc services or “cover”. A yard/horse owner will book the services of a Freelance Groom in the same way as those of a Farrier, Electrician or maintenance company.

 

Illegal Employment Contracts

Employment contracts in the equine industry - Illegal ContractsAny employment contract will be deemed an illegal contract of employment if:

  • the employee gets all or part of their wages paid cash in hand; and
  • Tax and National Insurance contributions aren’t paid on the wages when they should have been; and
  • the employee knew they were being paid in this way to avoid paying tax and/or national insurance contributions.

A contract of employment will not be illegal if only one of the parties is not declaring the payments and/or making appropriate deductions.

If within a contract an employer tries to take away the employee’s statutory rights, it is not an illegal contract but it cannot be legally enforced.

 

Breach of Contract – What happens when an employment contract is broken?

Employment contracts in the equine industry - Broken ContractsA contract may be broken if either the employee or the employer does not follow a term in the contract, which is known as a “breach of contract”.

For example:

  • if the employer doesn’t pay the employee in lieu of the notice which the groom is entitled to under their contract, this would be a breach of contract.
  • the employee fails to turn up for work without good reason or leaves without giving/working due notice, this would be a breach of contract.

If either party breaks the contract, you should try and sort the matter out between you informally before taking action.

The ACAS Helpline is free to call or if you are a member of the British Grooms Association or Equestrian Employers Association you have specific help on hand for these matters.

 


Sources and further reading

Employment Contracts: UK Government website

Law Donut: www.lawdonut.co.uk/business

ACAS: www.acas.org.uk

The “Written Statement of Employment Particulars” Explained

Making and Accepting a Formal Job Offer

What Happens when a Job Offer is Withdrawn?

Employment Law in the Equine Industry

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The content provided in this article is for informational purposes only. It is the responsibility of the individual to ensure that the information they are working to is correct and appropriate for their specific circumstances.

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*Salary IRO £28-£32K pa depending on experience *Every other weekend off/5.5 day week * Accommodation shared with one other currently in 4 bed home with garden 2 miles away in a lovely village *Dog welcomed Based not too far from the M4, in a lovely and popular part of Wiltshire, this is a great opportunity for an experienced Stud hand to step up to Stud Groom or for an experienced Stud Groom. You would be working with a lovely Team of 6/7 people under the guidance of the Stud Manager and Owner of this medium-sized Thoroughbred Stud. Foaling experience useful of course but doesn’t need to be extensive. The yard is home to a teaser stallion and approximately 70 thoroughbred horses of all ages. No groundworks are required as someone is employed to do all paddock maintenance, keep the Stud fencing in order etc. No sitting up is required. General: The Stud does a lot of sales preparation and consigns to all the major Yearling and Breeding Stock Sales in England and to some sales abroad. The Stud has permanent boarding broodmares and rears youngstock through until their Sales Preparation or they go into training. The Stud offers rest and recuperation for horses that need a break or are recovering from injury. The Stud offers pretraining. Good facilities amongst 130 acres with restricted and All-Weather turnout available, a 2.5 furlong railed circular all-weather gallop, two covered Claydon horse walkers and a Polytrack Lunge ring & of course, foaling boxes equipped with CCTV For more details and/or to apply, Pls call Caroline and The Grooms List team on 0203 006 5730 or email info@carolinecarterrecruiment.com
We are keen on promoting the equestrian sport and has funded the establishment of four riding schools. Various equestrian activities are held in the schools to promote the sport, including group training classes, horse hiring, taking a horse at livery, visits and competitions. After strict assessment, these schools are the only riding venues recognized by the British Horse Society in Hong Kong. The Equestrian Affairs Department aims to fulfil the Club’s vision to promote riding as a sport and raise participation at all levels, from beginner through to elite. The Beas River Equestrian Centre, being the largest in Hong Kong, houses 257 horses and provides world class facilities including a riding school, livery yard, competition centre, rehabilitation and retraining unit, as well as a spelling unit for Hong Kong’s racehorses. The Equestrian Rider will report daily to the Retraining Unit Officer and in collaboration with the Senior Equestrian Trainer of the Retraining Unit.  He/she will be responsible for, but not exclusively, the duties listed below, 6 days a week. Job Description Reporting daily to the Retraining Unit Officer & Senior Equestrian Trainer Assist with the assessment and planning of re-training activity for horses recently retired from racing Plan & document appropriate exercise and training programs to progressively adapt the horses to their new careers as riding horses Undertake daily exercise and training of the horses both under saddle and from the ground Assist where necessary during the Veterinary Surgeon’s visits and work closely with vet and farrier teams for the management of horses Implement training programmes that cover variety of work and locations of work for each horse – eg. hacking, driving, lunging, jumping on grass, arena, roads and tracks etc Help train and supervise the Equestrian Assistants in their work with retraining horses Cover any day-to-day exercise schedules planning and administration, or operational tasks assigned by the Retraining Unit Officer in his absence, perform any other tasks as assigned by management. Minimum Requirements An experienced horse person with a background in handling and riding difficult horses Have a good knowledge of training methods for re-schooling horses both under saddle and from the ground Have experience of working with thoroughbreds / race horses Team player but able to work on own initiative Preferably be a fluent speaker of English; good communication of Cantonese will be an advantage Holder of first aid certificate Highly experienced rider with patience and empathetic riding style Highly knowledgeable in the rehabilitation of racehorses and willing to work closely with vets and farriers for remedial work alongside prescribed treatment of equine sports injuries. Proven capability to train ex-racehorses from restarting up to competing in low level dressage, jumping and cross country. Strong client relations skills & customer service work ethic Benefits An attractive package based on a 2 years contract, 6 days/week/48h including: Substantial monthly salary related to qualifications and experience Low level of Taxation in HK Comfortable & Furnished Flat on-site 2 bedrooms Relocation passage and reimbursement allowance Discretionary annual performance bonus subject to performances
The Hong Kong Jockey Club is keen on promoting the equestrian sport and has funded the establishment of four riding schools. Various equestrian activities are held in the schools to promote the sport, including group training classes, horse hiring, taking a horse at livery, visits and competitions. After strict assessment, these schools are the only riding venues recognized by the British Horse Society in Hong Kong. The Equestrian Affairs Department aims to fulfil the Club’s vision to promote riding as a sport and raise participation at all levels, from beginner through to elite. The Beas River Equestrian Centre, being the largest in Hong Kong, houses 257 horses and provides world class facilities including a riding school, livery yard, competition centre, rehabilitation and retraining unit, as well as a spelling unit for Hong Kong’s racehorses. The Senior Equestrian Coach will work in close partnership with Equestrian Center Manager report to the Senior Manager, Equestrian.  He/She will be responsible for, but not exclusively, the duties listed below. Job Duties: Deliver quality services to customers Conduct Riding Lessons and organise equestrian activities for riders, ensuring excellent quality service Enhance riding establishment safety standards Follow company safety directives, observe & promote safety guidelines & initiatives Regularly school livery and BRRS horses and ponies to maintain good behaviour and well being Review & examine tack to ensure safety & optimum fit for horses Support Head of School Line with: Management of BRRS horses and ponies Planning , implementation and recording weekly schooling & training plans for BRRS horses Allocation of BRRS horse, utilisation for lessons to ensure horse welfare and best practise is followed Ensure the best welfare and well-being of horses and ponies by cooperating with Equestrian Supervisors, EA’s, riders, instructors Follow instructions from professional staff Communicate information to fellow instructors, EA’s as necessary Provide feedback to professional staff & management Requirements: The job holder must have acquired BHS Qualifications Level 4 Senior Coach (Stage 4) or equivalent with a minimum of 9 years relevant work experience Candidates acquired BHS Stage 3 Complete or equivalent with a minimum of 3 years relevant work experience will be considered as an Equestrian Coach Should be flexible and experienced at coaching riders of all ages and levels from introductory to medium levels Have a knowledge of training methods for schooling a variety of horses both under saddle and from the ground; previous experience of working with thoroughbreds would be advantageous Preferably a fluent speaker of English; some understanding of Cantonese will be an advantage but not essential Have knowledge of child protection and safeguarding protocols and holds a current background check be a holder of first aid certificate   Benefits: An attractive package based on a 2 years contract, 6 days/week/48h including: Substantial monthly salary related to qualifications and experience Low level of Taxation in HK Comfortable & Furnished Flat on-site 2 bedrooms Relocation passage and reimbursement allowance Discretionary annual performance bonus subject to performances 15 days annual leave per annum + 17 Public Holidays Standard Mandatory
Job Description Busy international event yard looking for EVENT GROOM. To work alongside existing Yard Manager, Travelling Head Groom and Apprentice. Experienced or Apprentice Grooms welcome to apply. The job involves all yard duties, handling of fit competition horses, competition turnout and can include some riding for a suitably qualified applicant. We would be happy to appoint an Apprentice at either Level 2 or Level 3. We have had apprentices before at both levels and have an excellent relationship with Haddon Training. We would also be happy to appoint a more experienced Groom happy to fit seamlessly into our fun long-standing team. The yard is based on a private estate so a desire to maintain high standards of stable management and horse care is important. This can be a 5 or 5 1/2 day a week role. Competitive salary, pension scheme, holiday scheme etc all offered.

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Caroline Carter Recruitment Ltd
PO Box 89
SHEFFORD
SG17 9AY

info@carolinecarterrecruitment.com
0203 006 5730

Registered company number 10657796good site
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