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Contracts of employment

Does The Contract of Employment have to be in writing?
A contract of employment does not at present need to be in writing. It can be verbal or written. An employee is, however, entitled to a written statement of particulars of the terms of employment after being employed for 2 months, if no such particulars/contract have been provided by the employer. The written statement of particulars should include the position as regards job title, commencement of employment, pay, hours of work, holidays and place of work. If no written statement of particulars has been provided the employee may apply to the Employment Tribunal who will determine the same. The Employment Tribunal has jurisdiction to hear cases which solely relate to employment law matters.

Can the employer change the employee's terms of contract?
It is difficult for the employer to change the terms of employment without the employee's consent. Such consent may be verbal or in writing or may even be implied from the fact that the employee continued to work on the new terms for a significant period of time whilst being aware of the change.

In some contracts, the employer expressly reserves the right to unilaterally vary the terms of the contract. The courts have indicated that a strict approach should be taken in the interpretation of such provision. The contract must provide in clear and unambiguous words the power to unilaterally alter the terms of the contract. An employer would not be able to vary or introduce new terms which would affect the employee's fundamental rights under the contract, as opposed to simply varying the contractual provisions for which the employer is required to comply in any event, such as in relation to holidays and pay.

If the employee does not accept the new change of terms, the employer may decide to dismiss the employee and offer the employment again on new terms, however, in doing so the employer lays himself open to a claim for breach of contract or unfair dismissal (especially where the correct procedures are not followed).

The employee is, however, under a considerable duty to mitigate his loss and it may be that although the employer may be initially in breach of contract, the employee's refusal to accept a new contract would not entitle him to much in the way of damages if it is clear he has acted unreasonably.

An employee's remedies
If an employer is in breach of contract, the employee can claim damages against the employer. The employee can do this whilst remaining in employment. Alternatively, if the breach should be serious the employee may consider himself as having been dismissed and put in a claim for damages for wrongful dismissal. Alternatively, if the change is a significant one, the employee may be entitled to resign and allege constructive dismissal.

Are there examples of any other breaches of contract by the employer, other than varying the terms of the employee's contract?
There is what is known as "mutual trust and confidence" between employee and employer implied in every contract of employment. The employer by his conduct may cause a number of breaches of this trust and confidence. These include:
Non-payment of salary
Harassment/abuse of the employee
Non-consultation with the employee over relocation

Other aspects of UK employment law for employees include:

 
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Summary of UK employment law for employees

 

BUSINESS
EMPLOYMENT
ENFRANCHISEMENT
FAMILY

IMMIGRATION

INSOLVENCY
LICENSING
LITIGATION
PROPERTY - RESIDENTIAL
PROPERTY - COMMERCIAL
WILLS & PROBATE

 

 
         
                 
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