What constitutes a employment contract?
Discussion
I have just been offered a job via email - and accepted via the same
The terms are as follows. "The basic package would be £**k per year with 25 days paid holiday + bank holidays and weekends. Hours would be 9am-5.30pm Monday to Friday". (Obviously a salary figure is included but I blanked that out)
We have had a quick meeting since and agreed a Job title as that wasn't included in the offer.
Is this sufficient, should I get anything else prior to starting work or perhaps after I start? I know its uncommon to get a full contract nowadays but with regards to notice periods etc is there a default period for someone who is (I assume as I haven't confirmed) monthly paid?
The terms are as follows. "The basic package would be £**k per year with 25 days paid holiday + bank holidays and weekends. Hours would be 9am-5.30pm Monday to Friday". (Obviously a salary figure is included but I blanked that out)
We have had a quick meeting since and agreed a Job title as that wasn't included in the offer.
Is this sufficient, should I get anything else prior to starting work or perhaps after I start? I know its uncommon to get a full contract nowadays but with regards to notice periods etc is there a default period for someone who is (I assume as I haven't confirmed) monthly paid?
liner33 said:
I know its uncommon to get a full contract nowadays
Is it?!Ask them (via email if you'd like), when you can see your whole contract. That will detail payment dates, probation period, notice period etc etc. It will get sticky down the line if you don't have one you can refer to.
AyBee said:
Is it?!
Ask them (via email if you'd like), when you can see your whole contract. That will detail payment dates, probation period, notice period etc etc. It will get sticky down the line if you don't have one you can refer to.
Yes I haven't had a written contract for more than 20 years, I have had a written statement of employment which this link suggests the employer should provide within 2 months Ask them (via email if you'd like), when you can see your whole contract. That will detail payment dates, probation period, notice period etc etc. It will get sticky down the line if you don't have one you can refer to.
http://www.acas.org.uk/index.aspx?articleid=1577
There are many misconceptions about contracts in general and about employment contracts in particular.
An employment contract can be made by an exchange of words, by emails, by letters, and so on. There is no requirement for a written contract. The employer is required by statute to provide a written statement setting out some key terms. Many employers fail to do this. Other employers comply with the requirement and at the same time get the employee to sign a detailed written contract.
In basic terms, however, any agreement, made in any way, whereby A agrees personally to perform work for B, in return for payment, and where B is not a client of A's business (ie, A is not self employed) can be an employment contract. There can be arguments as to whether A is an employee or is self employed, but they are probably not germane here.
An employment contract can be made by an exchange of words, by emails, by letters, and so on. There is no requirement for a written contract. The employer is required by statute to provide a written statement setting out some key terms. Many employers fail to do this. Other employers comply with the requirement and at the same time get the employee to sign a detailed written contract.
In basic terms, however, any agreement, made in any way, whereby A agrees personally to perform work for B, in return for payment, and where B is not a client of A's business (ie, A is not self employed) can be an employment contract. There can be arguments as to whether A is an employee or is self employed, but they are probably not germane here.
Edited by anonymous-user on Friday 15th January 16:34
People here often claim incorrectly that there is no contract until a written agreement is signed, or even until the employee has started work. Neither is the case. If A says to B "Can I have job X?" and B says "yes you can", this will be sufficient for there to be a contract, provided that there is clarity as to what Job X is.
OP, it sounds to me like you already have a contract. You might or might not later be asked to agree more detailed terms. In any event, you will in due course have a statutory right to a statement of terms and conditions (not always the same thing as a contract).
It can sometimes be important to distinguish between what is a contract and what is evidence of a contract. A statutory statement of terms could provide evidence of a contract that was made orally. A letter might do the same thing. A contract can also be inferred from conduct.
OP, it sounds to me like you already have a contract. You might or might not later be asked to agree more detailed terms. In any event, you will in due course have a statutory right to a statement of terms and conditions (not always the same thing as a contract).
It can sometimes be important to distinguish between what is a contract and what is evidence of a contract. A statutory statement of terms could provide evidence of a contract that was made orally. A letter might do the same thing. A contract can also be inferred from conduct.
Edited by anonymous-user on Friday 15th January 16:34
liner33 said:
2 sMoKiN bArReLs said:
Nope
would you mind enlightening me as to what the statutory notice period is then ? one week's notice if the employee has been employed by the employer continuously for one month or more, but for less than two years
two weeks' notice if the employee has been employed by the employer continuously for two years, and one additional week's notice for each further complete year of continuous employment, up to a maximum of 12 weeks. For example if an employee has worked for 5 years then they are entitled to 5 weeks' notice.
The statute sets minima for notice periods. The contractual notice periods may exceed those set by statute. The periods may be agreed expressly, or may be inferred from the nature of the job - how senior the employee is, how well paid, and so on.
As with all contracts, employment contracts may contain implied terms. For example, every employment contract contains an implied term requiring the parties to maintain mutual trust and confidence, and requiring the employee to be loyal and faithful to the employer. Every employment contract contains an implied term as to use of confidential information. People can sometimes come a cropper because they assume (sometimes encouraged by internet pubbery) that if an obligation is not written down it does not exist.
As with all contracts, employment contracts may contain implied terms. For example, every employment contract contains an implied term requiring the parties to maintain mutual trust and confidence, and requiring the employee to be loyal and faithful to the employer. Every employment contract contains an implied term as to use of confidential information. People can sometimes come a cropper because they assume (sometimes encouraged by internet pubbery) that if an obligation is not written down it does not exist.
2 sMoKiN bArReLs said:
From employer to employ
one week's notice if the employee has been employed by the employer continuously for one month or more, but for less than two years
two weeks' notice if the employee has been employed by the employer continuously for two years, and one additional week's notice for each further complete year of continuous employment, up to a maximum of 12 weeks. For example if an employee has worked for 5 years then they are entitled to 5 weeks' notice.
In the absence of a contract or written terms then does the same period apply from employee to employer? one week's notice if the employee has been employed by the employer continuously for one month or more, but for less than two years
two weeks' notice if the employee has been employed by the employer continuously for two years, and one additional week's notice for each further complete year of continuous employment, up to a maximum of 12 weeks. For example if an employee has worked for 5 years then they are entitled to 5 weeks' notice.
The original question was
"with regards to notice periods etc is there a default period for someone who is (I assume as I haven't confirmed) monthly paid?
Perhaps I should have made it clearer by adding
If it all goes pear shaped and there has been no notice period defined either orally and/or in writing, what is the minimum notice I must give ?
The answer depends on the circumstances. Statute just sets minima. A longer period of notice may be inferred from the circumstances. For example, if you are hired as CEO for megabucks per year, your contract, if silent on notice, will nonetheless (by inference) require you to give more than the statutory minimum of a week's notice.
The statutory provision follows:
Employment Rights Act 1996 (as amended)
86.— Rights of employer and employee to minimum notice.
(1) The notice required to be given by an employer to terminate the contract of employment of a person who has been continuously employed for one month or more—
(a) is not less than one week's notice if his period of continuous employment is less than two years,
(b) is not less than one week's notice for each year of continuous employment if his period of continuous employment is two years or more but less than twelve years, and
(c) is not less than twelve weeks' notice if his period of continuous employment is twelve years or more.
(2) The notice required to be given by an employee who has been continuously employed for one month or more to terminate his contract of employment is not less than one week.
(3) Any provision for shorter notice in any contract of employment with a person who has been continuously employed for one month or more has effect subject to subsections (1) and (2); but this section does not prevent either party from waiving his right to notice on any occasion or from accepting a payment in lieu of notice.
(4) Any contract of employment of a person who has been continuously employed for three months or more which is a contract for a term certain of one month or less shall have effect as if it were for an indefinite period; and, accordingly, subsections (1) and (2) apply to the contract.
[...]
(6) This section does not affect any right of either party to a contract of employment to treat the contract as terminable without notice by reason of the conduct of the other party.
The statutory provision follows:
Employment Rights Act 1996 (as amended)
86.— Rights of employer and employee to minimum notice.
(1) The notice required to be given by an employer to terminate the contract of employment of a person who has been continuously employed for one month or more—
(a) is not less than one week's notice if his period of continuous employment is less than two years,
(b) is not less than one week's notice for each year of continuous employment if his period of continuous employment is two years or more but less than twelve years, and
(c) is not less than twelve weeks' notice if his period of continuous employment is twelve years or more.
(2) The notice required to be given by an employee who has been continuously employed for one month or more to terminate his contract of employment is not less than one week.
(3) Any provision for shorter notice in any contract of employment with a person who has been continuously employed for one month or more has effect subject to subsections (1) and (2); but this section does not prevent either party from waiving his right to notice on any occasion or from accepting a payment in lieu of notice.
(4) Any contract of employment of a person who has been continuously employed for three months or more which is a contract for a term certain of one month or less shall have effect as if it were for an indefinite period; and, accordingly, subsections (1) and (2) apply to the contract.
[...]
(6) This section does not affect any right of either party to a contract of employment to treat the contract as terminable without notice by reason of the conduct of the other party.
For a contract to exist, a number of criteria have to be met -
An offer
An acceptance
Performance
or
Part performance
No paperwork is required.
There are dozens and dozens of law cases based on disputes as to whether a contract did or did not exist.
If somebody says to you
"If you carry out this task for me and I will pay you £XX for doing it" and you say "OK - I accept" - a contract exists.
An offer
An acceptance
Performance
or
Part performance
No paperwork is required.
There are dozens and dozens of law cases based on disputes as to whether a contract did or did not exist.
If somebody says to you
"If you carry out this task for me and I will pay you £XX for doing it" and you say "OK - I accept" - a contract exists.
Performance or part performance are NOT requisites for contract formation, as your example of a contract shows. The exchange of promises to perform in the future can make a contract.
The English law contract cook book: offer, acceptance, intention to create legal relations, sufficient certainty of terms, and consideration. Note that these ingredients may be apparent from express statements made by the parties, or may be inferred from conduct and circumstances.
Note that in many areas, employment being one, consumer sales another, the common law of contract has been heavily supplemented by statute. Note also that special rules apply to some contracts, such as contracts for the sale of land, and contracts of guarantee.
The English law contract cook book: offer, acceptance, intention to create legal relations, sufficient certainty of terms, and consideration. Note that these ingredients may be apparent from express statements made by the parties, or may be inferred from conduct and circumstances.
Note that in many areas, employment being one, consumer sales another, the common law of contract has been heavily supplemented by statute. Note also that special rules apply to some contracts, such as contracts for the sale of land, and contracts of guarantee.
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