Employment contracts
Express and implied terms
Accepting a job usually means accepting the terms and conditions of a contract of employment . It ' s important to understand both the express and the implied terms before you sign and in case you ever need to refer to the contract again in the future , for instance to check your working hours or holiday entitlement .
Your contract is the document that defines the legal relationship between you ( the employee ) and your employer , and details the terms under which you are employed . These terms form the basis of the working relationship and are known as the ‘ terms and conditions ’ of the contract .
The terms and conditions set out an employee ' s :
• employment conditions
• rights
• responsibilities
• duties .
You and your employer must abide by the terms and conditions of the contract for the entirety of your employment or until one of you ends the employment , either by you handing in your notice or your employer dismissing you . The terms and conditions should detail the process for ending the contract .
Any action by you or your employer that fails to keep to those terms and conditions can be considered a breach of the contract .
Principal statement
The Employment Rights Act 1996 provides that each employee is entitled to , at least , a ‘ principal statement ‘ on the first day of their employment . This should clearly detail the key information that the employee and the employer will need from the outset , such as :
• the name and address of the employer
• the employee ' s name and job title , or a description of the work they will be carrying out , and the start date
• how much and how often the employee will be paid
• hours and days of work , and if and how they might vary , and any requirement to work on Sundays , during the night period or overtime
• holiday entitlement ( and whether it includes public holidays )
• where the employee will be working and whether they may have to relocate
• addresses of any other locations where the employee might be expected to work
• how long the employment is expected to last , and the end date if it is a fixed-term contract
• the length and conditions of any probationary period
• work-related benefits , for example , childcare vouchers and lunch
• obligatory training and whether this will be paid for by the employer
• where applicable , it must also include the start date of a previous job if that job counts towards a period of continuous employment .
Wider written statement
Employers must also provide employees with a ‘ wider written statement ‘ within 2 months of the employment commencing , containing additional details such as the employee pension scheme , training opportunities , and the company ' s disciplinary and grievance procedures .
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