The employment contract

What a contract of employment is

The terms of contract of employment may be oral, written, implied or a mixture of all three. They can be found in a variety of places:

• the original job adverts
• letters
• agreements
• staff rules and handbook

An oral contract is as binding as a written one, though its terms may be more difficult to prove.

Where you want to include provisions specific to the individual, these can be stated either orally or in writing. However, setting them down in writing may prevent disagreements arising later.

If a written contract is issued, it is advisable to include a term stating that it replaces all previous discussions/correspondence in relation to terms of employment provided the employee accepts this.

Written statements
If an employee works for you for a month or longer, you must give them a written statement of specified terms and conditions within two months of starting their employment with you - earlier if, within this period, you send them abroad for more than a month. See the page in this guide on how to put together an employee's written statement.

The written statement is not a contract in itself, but in the case of a dispute it can be used as evidence of an employee's terms and conditions.

Subjects covered in this guide

• Introduction
• What a contract of employment is
• How to change an existing contract
• Put together an employee's written statement
• Put together an employee's written statement in separate parts
• Implied terms of an employment contract
• When you send a new employee abroad

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