ContractOfEmployment

All employees, whether on a temporary/contract or permanent/staff basis are entitled to both a contract and a statutory statement. A contract may be oral or written (though good practice strongly recommends it be written).

The contract contains all the terms of the agreement reached between employer and employee and should include all terms agreed at the outset as these cannot be altered later without the agreement of both parties. This contract may be open-ended or for a fixed term. The length of any probationary period should be stated and, once completed satisfactorily, the employee should be notified in writing.

A written statutory statement of particulars of employment must by law be given to any employee within 2 months of starting (the only exception being for employment of less than one month, for overseas employment or where all the particulars required have already been provided within a written contract of employment). The written statement must include:

• the name and address of the employer
• the name of the employee and the location where the employment is to take place
• the date employment starts and the date on which the employee's period of continuous employment began
• the job title
• rates of pay and the intervals at which payment occurs
• normal working hours (including days of the week, starting and finishing times, meal breaks and any overtime arrangements)
• paid holiday entitlement (including public holidays) and how this entitlement is calculated
• details of paid sickness/injury leave
• details of disciplinary procedures and who to approach
• details of grievance procedure and who to approach
• details of pension scheme and whether the employment is contracted out for the purposes of the Pension Schemes Act 1993
• details of any notice period binding on both parties if the contract is terminated
• any collective agreement which directly affects the terms and conditions of employment.

Information about Contracts of Employment can be found at the Business Link website:
http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1073791866&type=RESOURCES

 

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