Chapter NMWM04050

Published date16 April 2016
Record NumberNMWM04050
CourtHM Revenue & Customs

Contracts of employment fall under the same law as all other contracts (NMWM04030).

A contract of employment contains the rights and duties of both employers and employees and is less commonly called a “contract of service”.

The most important legislation that outlines many of the duties owed by employers to employees is the Employment Rights Act 1996. This requires that all employers must provide employees with a written statement of their particulars of employment within two months of commencing work.

All contracts of employment contain;

  • Express terms- these are the elements of the contract which are precisely spelled out, either in the contract of employment itself or by reference to collective agreements or employee handbooks. Such terms include pay, hours and holidays.
  • Implied terms- these are not expressly stated because, in the main, they are fairly obvious to both parties to the contract of employment. Implied terms include maintaining trust and confidence through co-operation, acting in good faith towards each other and taking reasonable care to ensure...

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