Your Employment Contract & Rights

The employment contract is likely to be the most important agreement entered into between you and your employer as it provides the terms governing the contractual relationship between the parties and will govern the legal duties and responsibilities that the parties have agreed to each other.

An employment contract will not only consist of the documented terms agreed, but will also consist of certain implied terms (please see further below), and there are also a number of core statutory rights that will feature in any employment contract.

Whilst you may not consider that you require advice before signing an employment contract, with comprehensive advice at the outset, it is our experience that either a subsequent dispute could have been avoided, or the financial exposure to you minimised.

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).