A contract of employment can arise when one party agrees with another that they will personally undertake work for the other, which they will be paid to do by the other.
The contract can be made verbally, or in writing, by exchange of letters, by a formal written agreement, or it can be implied by the actions of the parties.
It can contain express terms and implied terms. The essential characteristics of “employment” must be present. Even if there is nothing in writing, there will be a contract where someone is employed by someone else.
Terms And Conditions
Employers do not have to make written contracts, but the law is that employers must normally give employees a written statement of the main terms and conditions of employment when they start work.
It has to include, among other things, details of pay, hours, holidays, notice period and, disciplinary and grievance procedures.
The law used to be that a statement had to be given to an employee within two months of starting work. From 6 April 2020 the law has changed and the statement has to be given to all workers, not just those employed under a contract, and it has to be from the first day of work. An exclusion for employees in employment for less than a month was also removed.
Bishopsgate Law employment lawyers provide independent legal advice about employment settlement agreements, and represent employees and employers at employment tribunals.