Contract of Employment
A contract of employment exists as soon as an employee accepts an offer of
work, be it orally or in writing. After 1 month an employee is entitled to a written
statement of the terms and particulars of their contract of employment. The
statement must be given to the employee within 2 months of starting work and
must give certain details such as, amongst other things, pay, place and hours of
work.
Although the employer faces no financial penalties for failing to provide a statement
of particulars, an employee may apply to an Employment Tribunal for a declaration
that he/she is entitled to such a document. If successful the Tribunal may go on to
decide what terms and conditions should be written into the employee's contract.
It is therefore helpful to an employer to provide employees with a statement of
particulars of the terms and conditions of his/her employment as soon as possible,
ideally at the same time as offering employment, rather then face the risk of different
terms being imposed by the Tribunal.
Further, if the employee's contract contains flexible clauses or includes provision to
vary terms and conditions (such as having a staff handbook 'as issued from time to
time') incorporated into the contract then the employer may be able to alter the
terms in line with these provisions, provided any changes are reasonable.