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Do I need a Contract of Employment?

A written contract of employment is useful to have because it sets out what you can expect from your job and from your employer. There are Laws to protect workers, whether or not they have a written contract. Every worker has the right to be paid and to enjoy a reasonably safe place of work. In the same way, you have duties to your employer, including a duty of honesty, loyalty, confidentiality and personal service. You also have certain rights under Acts of Parliament, such as the right not to be discriminated against at work because of your sex, race or disability.

Also, the National Minimum Wage Act has imposed a minimum level of pay. The Working Time Regulations gives you the right to four weeks' paid holiday (this includes public and statutory holidays such as Christmas and Bank Holidays). Other legislation gives you the right to statutory sick pay and maternity leave, and in some cases to statutory maternity pay. Other rights may be included in your contract of employment. For example, if you have always received a Christmas bonus or extra holiday you may be able to prove that this is a legally-binding entitlement under your employment contract.

.: What can I do if/ don't have a written contract of employment?

Every employee has a legal right to receive a written statement which sets out your terms of employment. You should get this within two months of starting your job. The terms include basic things like:-

  • The name of your employer.
  • Where you will be working.
  • When you started work.
  • How much you will earn; and
  • When you will be paid.

It will also include terms about:-

  • Your hours of work.
  • Your holiday entitlement (including public holidays).
  • Holiday and sickness pay.
  • Pensions.
  • The length of notice you and your employer have to give if you leave or are dismissed.
  • How long your job is expected to continue, if it is temporary; and
  • Any disciplinary rules.

If you have to work outside the UK for more than a month at a time, it should also cover:-

  • The period of work outside the UK.
  • The currency you will be paid in.
  • Any extra pay and benefits you will get for working outside the UK; and
  • Any terms and conditions about your return to the UK