A contract of employment is any legally enforceable agreement between an employer and an employee. This means that a contract of employment can exist even where there is nothing in writing, so long as there is an oral agreement. Legal protection as an employee will also apply whether or not there is a written contract.
Certain obligations will be implied into all contracts of employment, such as the employee’s duty of good faith towards the employer and the employer’s obligation to give reasonable notice payment.
Contracts of employment can be distinguished from freelance contracts of apprenticeship. For a contract of employment to exist (giving the employee greater legal protection, but more implied obligations) there needs to be a personal obligation to perform the work, mutuality of obligation between the employer and the employee, and control by the employer over the employee’s work.
Further details about written contracts of employment can be found here.
If you would like us to draft a contract, find our fixed prices here.
Published in… Updates: For employers: Contracts and incentives |
Other employment law terms
- ACAS Early Conciliation
- Adoption appointments
- Adoption leave
- Alternative dispute resolution
- Ante-natal care
- Apprenticeship
- Basic award
- Collective consultation
- Compensatory award
- Compromise agreement
- Constructive dismissal
- Disciplinary hearing
- Discrimination
- Employee shareholder
- Employment tribunal
- ETO reason
- Flexible working requests
- Grievance
- Gross misconduct
- Harassment
- Industrial action
- Injury to feelings
- Maternity and parental rights
- Maternity leave
- Maternity pay
- Mediation
- Parental leave
- Paternity leave and pay
- Polkey deduction
- Pre-termination negotiations
- Protected characteristics
- Redundancy
- Restrictive covenants
- Settlement agreement
- Shared parental leave
- Staff handbook
- Statutory annual leave
- Strikes
- Study and training rights
- Summary dismissal
- Sunday working
- Trade union
- TUPE
- Unfair dismissal
- Unlawful deductions
- Victimisation
- Whistle-blowing
- Without prejudice
- Working Time Regulations
- Written particulars
- Wrongful dismissal
- Zero hours contracts