Your Employment Contract & Rights

Your employment contract is likely the most important agreement between you and your employer, as it sets out the terms of your working relationship and defines the legal duties and responsibilities owed by both parties

An employment contract includes not only the written terms agreed between you and your employer but also certain implied terms (explained further below), along with a range of core statutory rights that apply to all employment relationships

You may not think you need legal advice before signing an employment contract, but in our experience, early guidance can often prevent future disputes or significantly reduce your financial risk

With our expert advice, we can ensure that your position is protected in the relevant documentation.

What documents form the contract with my employer?

Not all contracts are required to be in writing (in that they can be agreed orally). However, and in the employment setting, an employer is required to give you a written statement setting out the basic (and certain) particulars of your employment.

Often, employers will also seek heightened protections, such as confidentiality agreements and restrictive covenants, within the employment contract. These are terms that we can assist with the tailored negotiating of, to ensure that your best interests are met.

Whilst the employment contract documents the contractually agreed terms between you and your employer, it is likely to be the case that your employer will also have policies and procedures in place to protect their business interests and to seek to achieve their commercial goals.

Our specialist lawyers can guide you through the process of considering, and negotiating, the terms of your employment and your contract of employment.

What terms are implied into employment contracts?

Whilst there are the express terms, as documented in the employment contract, there are also implied duties that are placed upon employers and employees. For employers, for example, these include a duty of care to protect employees from foreseeable harm and a relationship of confidence and trust. For employees, these include not to disclosure trade secrets of the employer and to follow reasonable instruction.

One thing that employers must be careful of in respect of implied terms is that, even where there is no written agreement, a particular practice (of the employer) may give rise to implied terms, through regular “custom and practice” if the employer is considered to have adopted that practice.

What is the minimum notice period my employer can give me?

Employers and employees are free to agree such notice period as they see fit, subject to this complying with the minimum statutory notice periods.

The statutory notice periods are as follows:

• Less than 1 month of employment: no notice is required
• 1 month – 2 years of employment: a minimum of 1 weeks’ notice is required
• For over 2 years: a minimum of one week’s notice for each complete year worked (up to a maximum of 12 weeks).