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Thursday, 8 January 2009

Employment

Employment

Contracts of employment: introduction

All employees have a contract of employment, although it might not be in writing.

What is a contract of employment?

A contract of employment is an agreement between an employer and an employee. Your rights and duties, and those of your employer, are called the ‘terms' of the contract.

The contract doesn’t have to be in writing, but you’re entitled to a written statement of the main terms within two months of starting work.

The contract is made as soon as you accept a job offer, and both sides are then bound by its terms until it’s properly ended (usually by giving notice) or until the terms are changed (usually by mutual agreement).

The employment rights you have will often depend on whether you are classed as an ‘employee’, ‘worker’ or ‘self employed’. This depends on the type of contract you have with your employer.

Written statements

If you are an employee, you must get a ‘written statement of employment particulars’ setting out some of your main terms. Your employer must give you this within two months of starting work. The statement must include:

  • pay
  • hours of work
  • holiday entitlement
  • sick pay arrangements
  • notice periods
  • information about disciplinary and grievance procedures

There is an interactive tool available from Business Link to help your employer create a written statement.

If the terms of the contract change, your employer must give you the new information in writing within one month.

What to do if you don't have a contract of employment

If you're an employee, you automatically have a contract of employment as soon as you accept a job offer. What you may not have is a 'written statement of employment particulars' setting out your terms of employment.

If you're not given this, or if it's wrong or unclear, or if you're dismissed for asking for it, you should first try to sort it out with your employer directly. If you have an employee representative (for example, a trade union official), they may be able to help. Ultimately you may be able to make a claim to an Employment Tribunal (Industrial Tribunal in Northern Ireland).

Dismissal for asking for a written statement will be automatically unfair.

Where to get help

The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues. You can call the Acas helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday. 

The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday.

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

If you are a member of a trade union, you can get help, advice and support from them

Seek legal advice from a Solicitor or Advice Agency on contract conditions.

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