Frequently Asked Questions

An employment contract is an agreement made between an employer and an employee. The employer will make an offer, and the employee will accept it, and then a contract is created.

If your employee offers you a job, and you accept it, a contract has been created whether it is in writing or not. Even though these verbal contracts are binding, your employer is obligated to provide you with a written contract within two months of you starting your job. This will clarify both of your obligations and prevent disagreements later on.

Most employers are required to provide employees with a written statement of the terms of their employment within two months of them starting work. There is an implied oral contract between you and your employer from the moment that you agree to work for them, even if the written contract is provided at a later date.

The contract should include:

• The names of the employer and the employee
• The date the employment started
• The job title or job description
• The place of work
• The salary and the intervals at which it will be paid
• The working hours
• Provisions for sick pay
• Holiday entitlements
• Pension provisions
• If it is not a permanent position- the period for which the employment is expected to continue. If it's for a fixed term- the date when the employment will end
• Procedures for handing in notice and the amount of time in advance which notice should be given
• Procedures for raising grievances or disciplinary issues

No. There are strict rules regarding when a contract can be altered. Your employer cannot impose new terms and conditions without discussing it with you first. Your employer should discuss any changes with you, and if your terms of employment change significantly, you should receive a new contract with an updated job description. This way, you and your employer are fully aware of your obligations.

Yes. UK law gives all employees certain rights even if they are not included in a contract. These are called 'implied terms', which are either too obvious to mention, or are implied by law. Implied terms give you the right not to be discriminated against due to your gender, age, race, religion, sexuality, pregnancy or disability. Also included are understandings relating to the employer-employee relationship- that it will be one of trust, confidence and good faith, and that the employer will take reasonable care to protect the health and safety of his/her employees.

A contract includes express and implied terms. Express terms are those which are stated in a written contract and agreed by both parties. Implied terms are either too obvious to mention, or implied by law, such as equal pay, minimum wage and freedom from discrimination. If the employer or employee goes against an express or implied term then the contract has been breached.

If you think your employer has breached the contract, you should first try and settle the issue by discussing it with them directly. If this does not work, then you could try resolving the dispute through mediation. If it is not possible to settle the problem via mediation, then you could take legal action. You will only get compensation if you can prove real financial loss due to the breach. Our solicitors would be glad to discuss your case with you and advise you accordingly.

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