Contract of employment PDF

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Contract of employment  

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Contract = the foundation of the employer/employee relationship Types: o Indefinite o Fixed term Governed by usual principles of Contract Law Also subject to a number of statutory requirements/controls No requirement for a written contract, but…

Statement 

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S1 ERA 1996: “Where an employee begins employment with an employer, the employer shall give to the employee a written statement of particulars of employment.” A written statement of terms o statement; o letter of engagement; or o contract of employment. Can be in more than one document: o as long as the ‘particulars’ are in a single document Enterprise Act 2002 – sanction for non-compliance o Maximum £200 if the employer failed to provide the statement From April 2019 – itemised 详细列明 payslip 工资单 also required

In a single document • •

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Names of employer and employee Date employment starts and date employee’s period of continuous employment began Pay and interval of payment Hours of work Holiday entitlement and holiday pay Employee’s job title and brief description of the work Place of work

In another reasonably accessible document • • • • • • •

Terms relating to absence due to incapacity/sick pay Notice periods for termination by either side Information about disciplinary and grievance procedures Terms as to pensions and pension schemes Terms related to work outside the UK for a period of more than one month – if required. Terms as to length of temporary or fixed-term work Details of any collective agreements directly affecting the employment

Other key express term in an Employment Contract

Express Terms        

Logistical issues: hours/days of work; salary; payment arrangements; place of work; etc. Job title and duties Notice period Probationary period 试用期 Holiday arrangements Incapacity arrangements Confidential information Restrictive covenants  Non-solicitation - prohibit the employee from seeking business from persons who were customers of the employer within a specified period prior to the employee leaving employment  Non-dealing - prevent the employee from dealing with clients even if the clients approach the employee  Non- competition - prohibits the employee, for a specified number of months or years after the end of the employment, from carrying on or being associates with the business in which the employer is engaged, within a specified number of miles of the employer’s premises at which the employee was employed  Non-poaching/employment - prevent the employee from persuading other employees to go with him to a new employer

- NOTE: Legal limitations may apply – see also next lecture

Implied Terms  Employer o o o o

Pay wages and provide work Take reasonable care of health and safety Duty to take reasonable care when providing references Mutual duty of trust and confidence – Malik v BCCI

 Employee o Duty to give personal service o Duty to obey reasonable orders o Mutual duty of trust and confidence

Variations of contract • • •

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Does the contract allow it? Check wording carefully If not, need consent from employee Other strategies: – Unilateral imposition – Dismiss and re-engage Also, consider limitations: – Is proposed variation lawful? – TUPE (on sale of business – variation is not possible here) Employee’s options? – Accept – Resign and claim unfair dismissal – Refuse to comply with new term and see what employer does

– “Stand and sue”...