The terms of your employment contract

 

et1

 What are employment contract terms?  

An employment contract is a document in which you and your employer agree on the work that you are going to do, how you will do it and when. Your employer agrees to pay you an amount of money in exchange for the agreed work. You have a number of rights given to you by statute, but the basic relationship between you and your employer is covered by the terms and conditions of the employment contract. Your contract can be made up of any or all of the following terms;

  • express terms
  • implied terms
  • imposed terms
  • incorporated terms

If your employer breaches any of these terms, you will have a breach of contract claim in the employment tribunal or court. This sort of claim is also called a wrongful dismissal claim. The first thing you should do if you are still in employment is to raise a grievance with your employer.

 

Express Terms

These can be written down in the contract or spoken. A spoken agreement is as binding as one that is written down.  It can apply even if you and your employer have not signed it. You may have a grievance because your employer is trying to change an express term of your contract or is not doing what is supposed to happen under the express term.

 

Implied Terms

These are terms which are not written down in the contract but are as much a part of the contract as if they were.  They have been developed by the courts (known as the common law) and will be implied in circumstances where it is necessary to do so, or if the parties would have agreed to those terms after discussions.

Imposed Terms

These are terms that are imposed by the courts if they are a necessary part of a  particular type of employment contract. The most important ones are the term of mutual trust and confidence, and the duty of fidelity.

  • The term of mutual trust and confidence
  • The duty of fidelity
  • Statute

Incorporated Terms

Terms can also be incorporated from other documents such as staff handbooks, and collective agreements.

 

Resources available

How to Write a Grievance About Changes to Your Employment Contract

How to Write a Grievance About the Behaviour of a Colleague, Manager or Supervisor

How to Write a Grievance About Unauthorised Deductions from Your Wages or Salary

How to Write a Grievance That Gets You What You Want

How to Write a Grievance About Bullying and Harassment at Work

 

ET1: Breach of Contract

ET1: Non-Payment of Holiday Pay on Termination

ET1: Non-Payment of Holiday Pay whilst still employed

 

DOCUMENTS, FORMS AND LETTER TEMPLATES

Disciplinary action and capability

Discrimination at work

Best of the Web

CAB – Contracts of employment

ACAS – Contracts of employment

Money Advice Service – Employment Contracts; Your rights and key terms explained

Worksmart – Pay and Contracts

 

 

Disclaimer

This resource is published by Employee Rescue Limited. Please note that the information and any commentary on the law contained herein is provided for information purposes only. The information and commentary does not, and is not intended to, amount to legal advice. Employee Rescue accepts no responsibility for any loss occasioned to any person acting or refraining from action as a result of the material contained in this publication.

Further specialist advice should be taken before relying on the contents of this publication. You can send an e-mail to thelawyers@employeerescue.co.uk for such specialist advice if required.

 

 

Case Study

Introduction Employment law recognises three types of working individual for employment status, which are; An Employee A worker (Limb b) A self-employed contractor These categories are very important because it is your employment status that determines your statutory rights at work. Employee’s have all the rights in the Employment Rights Act 1996 (ERA 1996), workers have a few and self-employed individuals have none. In Clyde and Co LLP v Bates van Winkelhof, the Supreme Court said that the law recognises two types of self-employed people. The first type are micro-entrepreneurs or professionals contracting with clients or customers. The second type, who... Read More
The Uber Case [2017] and Worker Status
Business, Finance & Law