Q I started work at my current employer – a medium-sized manufacturer – about nine months ago, but I have never been given an employment contract. Should I have? If so, what should it contain?
All employees will already have a contract of employment, which may be written or verbal, or a mixture of the two. Terms could also be implied in to the contract.
The law does not require the contract itself to be in writing. However, every employer is required to provide certain written particulars of major terms in the contract under Section 1 of the Employment Rights Act. Failing to do so can give rise to you having a claim which could entitle you to up to four weeks' pay.
This statement must be given to you within two months of employment beginning. It is also helpful for both parties to be aware of the terms each party would need to rely on.
The written statement must include the name of the employer and employee; the date employment begins; the rate of remuneration and the intervals when pay is made; any terms relating to hours of work; entitlement to holidays; provisions for absence; any pension provisions; the job title; if temporary, when the employment is to end; the usual place of work and other sites if applicable, and the relevance of any collective agreements.
As a matter of best practice, a detailed contract of employment should be sent out to employees for signature and approval within eight weeks of employment commencing. It is also important that the employer chases the employee for signed copies.