Employment Contracts on holiday

These consist of;

  • Express terms
    • Contractual documents
    • Pre-contract correspondence
    • Verbal agreements
    • Work rules/Employment policy statements/Staff handbooks. To check examples, please visit Carpet cleaning Glasgow to get a better understanding of a case where this happened in Scotland. 
  • If the employee has signed a document which acknowledges the binding effect of any of these then they become a term of the contract.
  • However, even without the signature, if the employer has given reasonable notice of the existence of these and their importance they are most likely to be considered terms.
  • A tribunal will consider their availability and the importance of them to the employer and whether they are meant to be policy or obligatory.
    • NB There is no legal requirement that a contract for employment is in writing but if this is not done it could create difficulties for the respective parties should it come to relying on purely verbally agreed terms.
  • Implied Terms
    • Common law
    • Statute
    • Custom and practice
  • Although not used commonly nowadays, to have effect these must be
    • Consistent with express terms/statutory rights
    • Reasonable
    • Certain
    • Well-known
    • Treated consistently as a term in the past

 

The two most common types of employment contract are;

  • Indefinite-a continuing contract which is terminable by either side on giving the requisite period of notice.
  • ‘Fixed-term’ contract-only for a pre-defined period.
  • NB other types of contract are becoming more common. (e.g. zero hour contracts)

 

Section 1 of the Employment Rights Act 1986 provides that employers must give a written statement of the key terms and conditions of employment to an employer within 2 months of commencement. This must contain;

  • Names of the parties
  • Date employment began
  • Date continuous employment began (if different)
  • Job title or brief description of work
  • Remuneration
  • When remuneration is to be paid
  • Hours of work
  • Place(s) of work
  • Holiday
  • Holiday pay
  • Sick leave
  • Sick pay
  • Pension provision