EMPLOYMENT CONTRACTS

Every employee who works for an employer has a contract of employment.

By law, your employer must at least give you a written statement of particulars as soon as you start work. This must include:

names of the employer and employee

date the employment began, and the date continuous employment began (if different)

place or places of work

details of any probationary period

days and hours of work and whether they may be varied and how

holiday and sick pay entitlement, including information on public holidays

a job title or description

details of pay and frequency of pay

where employment is not intended to be permanent, the period it is expected to continue or its fixed term

notice period

any pension provision

any collective agreements that affect employment

information on working outside the UK if that is appropriate

information about training entitlement provided by the employer

This statement of particulars is usually included in a contract of employment, as written contracts can avoid confusion by clearly setting out both parties rights and obligations.

As well as the required information, contracts often include information on benefits, disciplinary and grievance procedures, restrictive covenants and provisions about confidential information and intellectual property. Less common terms might include shift patterns, medical requirements, provisions to alter the place of work and a requirement to work only for the employer.

Even if your employer has not given you a written contract, you have a legally binding agreement from the time you accept an employment offer. You also have expectations set by conduct in your working relationship, and are protected by terms implied by law that apply to all employment relationships.

IMPLIED TERMS

You have certain rights as an employee even if they are not mentioned in your contract. These terms are implied into your contract.

Some of these rights are implied by statute, for example your right not to be discriminated against (under the Equality Act) or your right not to be penalised for whistleblowing (under the Public Interest Disclosure Act). Some terms have been accepted as fundamental by the employment tribunal, such as an obligation of trust and confidence between the employer and the employee.

You can rely on these rights even if they are not acknowledged in the contract and you may be able to make a claim if those rights are breached.

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