‘I haven’t got a contract of employment’ says the employees. Every employee has an employment contract, the employment solicitor replies. The employee means he hasn’t got a written employment contract.
An employment contract will contain expressly agreed terms. They may have been agreed verbally or in writing. The law implies terms into the employment contract, like the implied term of trust and confidence. These implied terms exist automatically.
Section 1 of the Employment Rights Act 1996 (‘ERA’)
The ERA requires an employer to provide an employee with a statement of employment particulars, setting out the main terms, within 2 months of commencing work.
Employers will benefit from by using a more detailed employment contract tailored for their business. A well drafted employment contract will minimize disputes and give the employer wider contractual powers and rights.
What are the terms required by section 1 of the ERA?
Junior Employee Contract of Employment
Senior Employee Contract of Employment