Disclaimer | © Copyright HR SOS 2014
HR SOS DIY Checklist for a contract of employment
Recent Employment Tribunal decisions have made it clear that when someone is employed a Contract of Employment exists-whether it is in writing or not. 'Common Practice', 'normal behaviour' and 'obvious events' form part of an unwritten but binding verbal or written Contract of Employment.
It is also assumed that an implied degree of confidence and trust must exist between employer and employee. Breaching of this implied term would incline Tribunals to favour whoever has been disadvantaged as a result.
It is the content of the contract, how it is presented and what happens when things go wrong that vary. Therefore, it is vital to establish an appropriate contract at the outset of employment.
Every employee has to receive a written statement of particulars of employment specifying required basic information not later than two months after they start work. There is a specific difference between a written contract and a written statement. A contract, which can exist as soon as a job has been offered and accepted without there being any written agreement, is nonetheless binding. The written statement of particulars is just a statement, although these days most particulars in the statement form part of the contract.
It is considered that an offer letter is the accepted 'contract' and sets out the terms that are then followed through in more details in the written statement. Ideally, the written statement should be sent out with the offer letter then there is no doubt as to the terms of employment.
HR SOS has devised a 'DIY check' to help you assess how your current contract of employment measures up.
Please contact us at firstname.lastname@example.org and we will send you details of the HR SOS DIY Checklist.