Contracts of Employment – Employees
An employer is required to provide an employee with a written statement of certain specified particulars of their employment, this is often done using a written contract. If you need advice on the contents and terms of a contract of employment that you are being offered we can help.
If your employer is trying to vary the terms and conditions on which you are employed both parties have to agree unless the changes are fairly minor. As experienced employment solicitors we regularly advise clients on these issues.
For there to be a binding contract, there must be an intention to create legal relations. The objective conduct of the parties must be considered when determining intention, not their subjective states of mind.
There are no particular formalities that have to be observed for entering into an employment contract. A contract may be express or implied, oral or in writing. There is no legal requirement for an employee to have a written contract of employment. However, section1 of the Employment Rights Act 1996 requires an employee to be given a statement of certain specified terms within two months of starting employment.
A section 1 statement is not necessarily a contract of employment in itself. It may simply be a statement of what has already been agreed orally or in writing. If there is no separate written contract, the section 1 statement will be persuasive evidence as to the terms of the contract of employment between the parties. If, however, there is a separate written contract, the section 1 statement cannot override a term recorded in that contract. The contract itself always takes precedence.
If an employment contract is in writing, it usually only requires simple signatures. In the employment context, this will usually mean that there is one signature for the employee and one for and on behalf of the employer, without the requirement for either to be witnessed. For further information on how our Employment Law Team can help you, call Rothera Sharp today on Nottingham 0800 088 6280 send us an email to email@example.com