Labour Research (August 2011)

Law Queries

Contract of employment

Q. Our member’s employer has given him a very minimalist contract of employment that barely runs to two pages. Is it not the case that employers are required to cover certain key matters in the contract?

A. Although not a contract, there is an obligation on employers to provide a “written statement” within eight weeks of the individual starting work (sections 1 and 2 of the 1996 Employment Rights Act). The written statement must include: the names of the employer and the employee; the date on which employment began and the period of continuous employment; the scale and rate of remuneration, pay intervals and the method of calculating pay; terms and conditions relating to hours of work and holiday entitlement, including bank and public holidays; the job title or description; and the employee’s place of work.

These must all be detailed in a single document. However, provided that they are given within the eight week deadline, other employment particulars can be documented by instalments. The particulars are: whether employment is permanent or for a fixed-term; details of sickness, pensions and notice; details of the employer’s disciplinary and grievance procedures; details of collective agreements affecting employment; and details of any requirements regarding work outside the UK.


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