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Contracts of Employment & Written Statements

Contracts of employment can be formed when an offer is made and accepted, with key terms and conditions provided in writing. Contracts are legally binding agreements between employers and employees/workers that specify pay and work duties. Written statements must provide employment terms before the first day of work. Employees work under employer control while workers have some flexibility. Self-employed people run their own businesses. Zero-hour contracts provide flexible staffing for employers. Contracts can be varied by agreement, with notice for non-agreed changes, and terminated by notice or other legal methods.

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0% found this document useful (0 votes)
75 views5 pages

Contracts of Employment & Written Statements

Contracts of employment can be formed when an offer is made and accepted, with key terms and conditions provided in writing. Contracts are legally binding agreements between employers and employees/workers that specify pay and work duties. Written statements must provide employment terms before the first day of work. Employees work under employer control while workers have some flexibility. Self-employed people run their own businesses. Zero-hour contracts provide flexible staffing for employers. Contracts can be varied by agreement, with notice for non-agreed changes, and terminated by notice or other legal methods.

Uploaded by

Meng Yi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Contracts of Employment & Written

Statements

How are contracts formed?

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

Difference between a contract and a writtern statement:

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.

What’s in a written statement?

By law, the employer must set out the main employment terms and conditions in the written
statement

Details in a written statement:

When do they need it?

Should be given on or before the first day of work

What makes a contract?

Contains details of the terms and conditions of employement and highlights what employee/worker
and employer can expect from each other

Statutory terms, Incorporated terms, Implied terms, express terms


Zero hours contract

What is a zero hours contract?

When would it be used?

By employers to provide a flexible workforce to meet a temporary or changeable need for staff.

 Unexpected or last minute events


 Temporary staff shortage
 On call or bank staff
 Fit in with study

Employment status

Most cases, it will be that of a ‘worker’

However, the way the relationship with that worker develops may mean that employement status
will be that of an ’employee’.

Varying and terminating a contract

How should a contract be changed

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

Employer should put it in writing and give a copy to the employee

Change

Employer should proide a written statement of amendments, this can act as an addendum. Ideally
done before the change takes effect.

What if there is no agreement?


Options if agreement cannot be reached

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

What is an agreement on a variation cannot be reached?

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

What can an employee do if they don’t agree to the changes?

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

Can an employer offer incentives to accept a new contract

Yes. But don’t necessarily have to be financial ones.

Ways of terminating a contract

Giving notice:
Mutual agreement

Frustration of contract

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