OYour contract of employment can be tricky to understand if you’re not familiar with employment law or the various terminology, so we’ve put together a short mini-series to help you understand your contract of employment.
Here we explain the role of the contract of employment and the two different types of contractual terms.
You will always have a contract between you and your employer. You may not have anything in writing, but a contract will still exist. This is because your agreement to work for your employer and your employer’s agreement to pay you for your work forms a contract. Your employer does have to give you a written statement within two months of you starting work. The statement must contain certain terms and conditions.
A contract gives both you and your employer certain rights and obligations. The most common example is that you have a right to be paid for the work you do. Your employer has a right to give reasonable instructions to you and for you to work at your job. These rights and obligations are called contractual terms.
The rights that you have under your contract of employment are in addition to the rights you have under law, such as, for example, the right to a national minimum wage and the right to paid holidays.
Generally, you and your employer can agree to whatever terms you wish to be in the contract, but you cannot agree to a contractual term which gives you less rights than you have under law (we’ll be concentrating more on this later in the series).
A contract of employment will usually be made up of two types of contractual terms. These are:
1. express terms
2. implied terms.
Express terms in an employment contract are those that are explicitly agreed between you and your employer and can include:
Your express contractual terms may not be in one written document and you may have to refer to different documents. You could find that they are not written at all. The express terms may be found in:
You may not have possession of all the relevant papers. Your Personnel Department, foreman, or trade union representative may be able to give you copies. You should always keep any papers given to you by your employer.
The following duties and obligations will usually be implied into any contract of employment:
When dealing with a particular employment problem, you may find there may be no express contractual term covering the matter. In this case, it is helpful if you look at what has happened to other employees in the workplace. You can argue that you also have the right under ‘custom and practice’ if your colleagues have been given this right, .
You may find it complicated to argue this right through ‘custom and practice’ but you can get support from an experienced adviser, for example, at a Citizens Advice Bureau.
We’ve sourced parts of this guide from https://www.citizensadvice.org.uk/work/rights-at-work/basic-rights-and-contracts/contracts-of-employment/