Are Contracts of Employment really necessary?

A Contract of Employment is an agreement between an employer and an employee that states the terms and conditions of employment across a number of different fields. It sets out the hours an employee works, how much they are paid for their work, how many days’ holiday per year they are entitled to and the employee’s main place of work, among other things. It also gives certain rights to employers and employees to protect both parties in the event of legal action or to prevent exploitation. The rights granted to an employee in a Contract of Employment are in addition to the rights granted to them by law, they do not replace lawful rights.

 

In the absence of a Contract of Employment, both the employer and the employee have no legal obligations to one another. The employer technically wouldn’t have to pay the employee for their work; the employee wouldn’t be obliged to show up to work because they have no official working hours; in essence, nothing would get done and nobody would get paid!

 

It is possible to have a Contract of Employment without an official document of the terms and conditions of employment. For example, a verbal agreement between an employee and employer regarding working hours and remuneration could be considered a Contract of Employment. You have agreed that, for a defined number of hours per week/month, an employee will receive a defined amount of money. If this is the case, it is best to write down what has been agreed so there is some sort of record of the terms and conditions of employment.

 

Furthermore, all Contracts of Employment feature implied terms of employment. These are terms that are present in all contracts, even though they are not explicitly agreed upon. They include things such as providing a safe working environment for employees; maintaining trust and discretion; an employee’s duty to obey any reasonable request made by their employer and an employer’s duty to provide work and payment.

 

For the most part, there will always be some form of Contract of Employment between an employee and employer, be it verbal or written, though employers are legally obliged to issue employees with a written statement of the terms and conditions of employment within 2 months of the employee commencing work. To avoid ambiguity and protect both parties, it is always best to have a proper written contract drafted that states all of the possible terms and condition of employment well before the 2 month deadline.

 

For more information on Contracts of Employment or to book a Free Review, please call on 0844 8797286, or email on info@questconsultingservices.co.uk.

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Northern Accountants

Sarah and the team at Quest have provided us HR support since January 2013.

Quest Consulting Services provided us with a comprehensive employment structure with contacts and a handbook and have been on hand to help me deal with the occasional issue I have faced with team members through their telephone support service.

As our personal Consultant, Sarah provides a quality, professional and complete service which is great value for money.

Northern Accountants

Off Limits Corporate Events

Sarah has transformed our HR and has introduced systems that have taken lots of hassle away from staffing issues within our company.

We have worked with Sarah and her team for 5 years and in this time our business has grown considerably. With telephone support available for all our Managers as they need it plus Sarah and her team proactively keeping us updated on changes in legislation we are reassured that we are in safe hands.

The HR software that Quest implemented also helps us keep on top of the routine aspects of HR such as holiday bookings, recording absence, holding personnel records which then allows Sarah and her team easy access to give us relevant advice.

Our Managers have also benefited from workshops run by Sarah to help develop their skills on handling issues such as disciplinary, appraisals, recruitment etc….

The support of Quest is invaluable and provides a much more cost effective solution than employing a HR Manager in house.

Off Limits Corporate Events

10 Associates

Why would anybody NOT have Sarah working 'alongside' their business?

I've known Sarah for many years and she's always been there for me and the business when her wealth of knowledge has been called upon.

We have used Sarah and her team to handle our contracts, handbook and Health & Safety and they are readily available on the telephone when needed or on site at our premises.

Highly recommended.

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