4 Important Facts Regarding A ‘Contract of Employment’

4 Important Facts Regarding A Contract of Employment - Banner

Looking for information regarding a Contract of Employment?

In this article, we discuss this in further detail and explain important facts surrounding a contract of employment.

 

Our 4 Facts you need to know about a ‘Contract of Employment’

1. A contract of employment doesn’t need to be written.  If these 4 conditions are in place a contract of employment is formed:

  • an unconditional offer
  • an unconditional acceptance
  • an intention to form a legally binding agreement – assumed to be the case when a job is offered and accepted
  • consideration – payment
  • certainty – clarity on key terms

An Employment Contract can be formed in a telephone conversation or by email!

2. When the contract is formed it cannot generally be changed without the agreement of both parties

Promises made at interview or when making them verbal can be legally binding

3. Written Particulars of employment

This is what we generally refer to as the ‘Contract of Employment’.

Employees have a right to receive a statement of their conditions of employment within eight weeks of commencing employment.

Written Particulars of employment must cover the following provisions:

  • Name of the employer and employee between whom the contract is formed
  • Date employment commenced
  • Job Title or brief description of work
  • Pay
  • Date payment will be received
  • Bonuses or commission to be paid
  • Hours of work
  • Holiday and holiday pay entitlement
  • Place of work

4. Employees must receive other documentation covering sick pay arrangements, notice periods, occupational pension arrangements, duration of the contract (if temporary) and details of any collective arrangements relevant to the terms and conditions.

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