Contracts of Employment & Written Statements
Contracts of Employment & Written Statements
Statements
Most employment contracts are formed when an offer of employment is made, and the offer is
accepted
A written statement providing the key T & Cs of employement about the company an their role must
be given on or before the persons first day of work
Contracts: a legally binding agreement between employer and employee or worker, formed when
the employee or worker agrees to work for an employer in return for pay
It’s in everybody’s best interest that the terms of the contract are clearly spelled out in writing from
the outset of employment. A copy of the contract should be given to the employee, this can help to
avoid possible disputes later on. Contracts often contain detailed information relating to company
policies and procedures.
Employees: works under a contract of employement, the work is controlled by the employer and
they must do the work in person. All employees are workers but have extra employment rights and
responsibilities
Workers: can work to the terms within a contract of employment and generally have to carry out the
work personally. However, some workers may have a limited right to send someone else to carry out
the work, such as a sub-conractor. Workers can include contractors, casual or seasonal workers and
agency workers.
Self-employed person will run their own business and take responsibility for the success of the
business. Self-employed people are more likely to be contracted to provide a service for a client.
They will not be paid through PAYE and don’t have the same employment rights and responsibilities
as employees or workers.
By law, the employer must set out the main employment terms and conditions in the written
statement
Contains details of the terms and conditions of employement and highlights what employee/worker
and employer can expect from each other
By employers to provide a flexible workforce to meet a temporary or changeable need for staff.
Employment status
However, the way the relationship with that worker develops may mean that employement status
will be that of an ’employee’.
Consultation
The employer should explain and discuss the reasons for the changes and give the employee and
opportunity to express their views
Explain why
Reach agreement
Change
Employer should proide a written statement of amendments, this can act as an addendum. Ideally
done before the change takes effect.
Express terms – specific terms agreed in writing – this is allowed the employer to make changes
Flexibility clause: a clause in the contract that says the employer can change ‘vary’ specific terms of
employment.
Implied terms:
If contract doesn’t mention, the employer needs to consider very carefully whether there’s a strong
enough business case for the change.
Collective agreement
If have a “collective agreement”, changes to term and conditions can be negotiated by a trade union,
on the employee’s behalf
As a last resort, an employer can terminate the oribinal contract, by giving ghe corre3ct notice
period, and offer the employee a new contract, including the revised ters. Important to follow a fair
dismissal process
Accept the changes and continue to work under the new t&cs
Leave the job and claim constructive dismissal if they have the correct length of service
Work under the new t&cs, but under protest, whilst actively trying to resolve the issues or take
action through the courts – High Court and costly
Giving notice:
Mutual agreement
Frustration of contract