There is no legal requirement for your employer to put in place a contract of employment. The only obligation that exists under the law is to provide you with a written statement of the main terms of your employment to include things such as salary and working hours. This must be provided within two months of you starting work.
However, most employers do require their staff to sign written contracts so that each party is fully aware of their rights and obligations to each other.
A contract of employment would normally include things such as:-
- Job title
- Hours of work
- Holiday entitlement
- Salary and other benefits such as bonuses
- Disputes procedure
- Sick pay entitlement
It is important to note that a contract of employment can only be varied with the consent of both parties.
If you are asked to agree to a change the terms of your employment contract and you are not happy about it then, the only way in which your employer can unilaterally impose new terms is to terminate your employment and then offer to re-employ you on new terms. He will have to be able to show that the dismissal was fair under the law. Otherwise,you ay have grounds to make a claim to the Employment Tribunal for unfair dismissal.
If you have worked for your employer for at least 2 years then your employer can only dismiss you if it is fair to do so.
There are various reasons why a dismissal can be fair. The most common ones are:
- Capability/Performance. …
- Redundancy (in which case you will be entitled to compensation)
In order for a dismissal to be fair the correct procedure must be followed.
Usually, you will first have previously attended a disciplinary hearing and received at least one warning although in a very serious case you can be dismissed instantly.
If you consider that you have been dismissed unfairly then we can advise you as to whether you should make a claim to an Employment Tribunal.
For an initial discussion about how we can assist you organisation it address any of the above an other employment law issues, please contact any of our offices or send us a message using the contact form on the right of this page and we will get back to you as soon as possible.
We're here to help. Let's start.