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Factsheet:

Contracts of employment

Resource summary

This factsheet was last updated in August 2011.
 
What constitutes a contract of employment?

A ‘contract of employment’ is defined by the Employment Rights Act 1996 as a contract of service or apprenticeship. Contracts contain terms which may be express (that is, actually stated) or implied. Employment contracts therefore consist of a mixture of express and implied terms.

Express terms can be in writing or given verbally. Many of the express terms can usually be be found in written employment contracts. However the express terms may be in a number of different documents as well.

In many cases, the terms must meet minimum standards required by law, in areas such as the right to paid holidays and the right to daily and weekly rest breaks.

Any employee who has been employed for one month or more has the statutory right to be given a written statement of particulars of employment. What this should contain and when it should be supplied is covered in more detail below..

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  • What constitutes a contract of employment?
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