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.

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Updates: For employers: Contracts and incentives |
Tagged with: Contracts of employment |

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Other employment law terms

  1. ACAS Early Conciliation
  2. Adoption appointments
  3. Adoption leave
  4. Alternative dispute resolution
  5. Ante-natal care
  6. Apprenticeship
  7. Basic award
  8. Calderbank offer
  9. Collective consultation
  10. Compensatory award
  11. Compromise agreement
  12. Constructive dismissal
  13. Disciplinary hearing
  14. Discrimination
  15. Employee shareholder
  16. Employment tribunal
  17. ETO reason
  18. Flexible working requests
  19. Grievance
  20. Gross misconduct
  21. Harassment
  22. Industrial action
  23. Injury to feelings
  24. Maternity and parental rights
  25. Maternity leave
  26. Maternity pay
  27. Mediation
  28. Parental leave
  29. Paternity leave and pay
  30. Polkey deduction
  31. Pre-termination negotiations
  32. Protected characteristics
  33. Redundancy
  34. Restrictive covenants
  35. Settlement agreement
  36. Shared parental leave
  37. Staff handbook
  38. Statutory annual leave
  39. Strikes
  40. Study and training rights
  41. Summary dismissal
  42. Sunday working
  43. Trade union
  44. TUPE
  45. Unfair dismissal
  46. Unlawful deductions
  47. Victimisation
  48. Whistle-blowing
  49. Without prejudice
  50. Working Time Regulations
  51. Written particulars
  52. Wrongful dismissal
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