QUESTION OF THE WEEK – Is it necessary to give an employee a written contract of employment?

Back To All Blogs
Posted By
site_admin
26/01/2010

BWF members such as yourselves frequently use our Member and Technical Helplines for assistance on a wide range of Employment, Health and Safety, Pay and Technical issues. For the next few weeks, we’re putting up a frequently asked question every Tuesday in order to help members and illustrate the type of advice we are able to provide. If you have any questions that you would like to see featured, we would be happy to assist. This question and many others like it can be found in our Question Centre. If you want further advice on any of the issues, don’t hesitate to ring the helpline or browse our extensive publications library, which includes our Employee handbook and a model statement of main terms of employment. This week’s question: Is it necessary to give an employee a written contract of employment? Yes it is. If nothing is put in writing, a verbal contract will exist and the terms will be determined by what was agreed, by custom and practice or by implication. Such terms may favour the employee. The importance of ensuring that employees sign up to date and well written contracts of employment is paramount. Written contracts provide certainty, thus preventing misunderstandings about the terms and subsequent disputes. There is a also a legal obligation to provide employees with a written statement of particulars of employment within two months of the start of their employment. An employee can recover compensation from an Employment Tribunal if their employer fails to provide a written statement or provides one which is incomplete or inaccurate. To assist members, the BWF has prepared a model Employee Handbook which provides a statement of the policies of the business, how the business is to be conducted and can be one of the most important communication tools between a company and its employees. To accompany there is also a model statement of Main Terms of Employment covering employment terms and conditions an employer is legally required to give its employees.

Posted By
site_admin