Solicitors in Swansea.

SWANSEA EMPLOYMENT LAW ADVICE FOR EMPLOYERS

CONTRACTS OF EMPLOYMENT

Overview

A contract of employment exists as soon as an unqualified job offer is made by the employer and accepted by the prospective employee.

It does not have to be in writing as contracts can be made orally or in writing. However, they are normally a mixture of both. For the contract to take effect there must be three necessary elements present: an unconditional offer, acceptance and consideration (the salary paid to the employee in exchange for the work). Both parties must have intention to create legal relationship by entering into the contract.

The statement of particulars of employment must be in a written document and it does not form an employment contract. It usually works as the evidence of the employment contract terms.

The contract of employment should have provisions indicating that it represents the complete agreement between the parties.

Express terms

•             These are terms specifically drafted in writing or agreed orally.

•             Statutory right will override an express term

•             Conflicting terms are normally resolved by the court or tribunal

Implied terms

These are terms that are presumed to be created at the time of the contract by the parties with an intention to include such a term in the contact. For example, terms that are:

Obvious

Necessary

Implied by custom or practice

Implied by conduct

Some of the implied terms in the employment contract are:

employee’s duties: trustworthiness; compliance; working with due diligence and care;

employer’s duties:  health and safety ; to pay salary and to deal with grievances

mutual duties:  maintain good relationship of trust and confidence; give a reasonable period of notice upon termination.

Incorporated terms

These terms may be incorporated expressly or may be implied from other sources like union collective agreement or other work rules.