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Employment contracts
As soon as an offer of employment is accepted a contract is said to exist, and all employees are deemed to have a contractual relationship with their employers. When you start a new job your employer should provide a written contract that will contain a variety of rights and obligations to govern your relationship.
But some terms are implied in all employment contracts even if they are not written down, such as a duty of mutual trust and confidence. This means that if either party does something in bad faith (eg, if an employee steals confidential information or an employer changes the hours of work without getting the employee’s consent) the other side can claim compensation for breach of contract.
Below we take a look at some common questions asked about contracts.
Do I have a legal right to a written contract of employment?
Under the Employment Rights Act (1996) employees have the right to receive a written statement of the main terms of their employment within two months of starting a job.
This must include the names of the employer and employee; job title, the date employment began (and will cease in the case of contract work); the usual place of work, the amount of pay and interval between payments; the hours of work; holiday pay entitlement, sick pay and pension requirements and required notice period.
For common terms such as grievance and disciplinary procedures, contracts often point employees towards the staff handbook which would contain detailed information
What else might an employment contract contain?
Employers may add restrictive clauses to a contract, for example, preventing a former employee from poaching staff or clients when the job has ended.
Some employers enforce “gardening leave” clauses incorporated in the contracts of senior and key employees. These allow the employer to stop the employee from coming into work during the notice period to prevent an employee from removing sensitive information from the company before he or she leaves. This is only usually relevant if the employee is joining a rival company.
Can the terms of the contract be changed without my consent?
No. If the employer imposes changes in contract terms without the agreement of the employee, there is a breach of contract.
Can the employer dismiss me, then make me accept a new contract?
Any employer doing this could be liable for claims of breach of contract or unfair dismissal if the correct procedures are not followed and there are no appropriate reasons for terminating your employment.
If you believe you have been dismissed unfairly, you can complain to an employment tribunal within three months of dismissal as long as you have at least one year of continuous service.
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