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Employment Law Essay
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| Words: 2476 | Submitted: 11-Dec-2011
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DescriptionEmployment Law essay including "WHAT IS A CONTRACT OF EMPLOYMENT?"
Law In The Workplace
WHAT IS A CONTRACT OF EMPLOYMENT?
There is always a contract between an employee and employer. It is stated in the Employment Rights Act 1996 (ERA 1996) under section 230 that ‘In this Act "contract of employment" means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing.’ This means that a contract may not have anything in writing, but a contract will still exist. With a few exceptions (primarily contracts of apprenticeships, which need to be in writing), the formation of an employment contract requires the same provisions as any other contract. For a contract to be lawfully binding there must be an offer and acceptance, consideration, an intention to create legal relations, and capacity to contract. A contract can be purely verbal and requires no written formality, although one side (usually the employer) will usually prefer to sign a written document as proof of all aspects that have been agreed in the event of a breach to an agreement.
As with any contract, an employment is not just a one-off statement that an employee works for an employer. The contract will contain many terms, some expressly agreed between the parties, and some implied on their behalf, even though quite frequently they have never heard of these implied terms. Your rights at work will depend on both of these terms.
WHAT IS A WRITTEN STATEMENT?
The ERA 1996 provides that any employee working for 8 or more hours per week and whose employment continues for more than one month, must be provided with a written statement, no later than the end of the second month following the commencement of employment. The written statement is a document evidencing the major terms and conditions of the employment.
The written statement is not strictly the same as the contract, but constitutes strong evidence of the terms of the contract. Either party would face difficulty in trying to argue that the actual, legally binding contract differed from the statement.
The contents of the statement are as follows:
the names of the parties
date of commencement of employment
any continuity with respect to previous work
the scale and rate of remuneration, method of payment, and calculation of pay
intervals between payment
hours of work
grievance, dismissal and disciplinary procedure
job title, or a brief description of the work for which the employee is employed
the place of work, or if the employee is required or permitted to work at a number of places, an indication of that fact and the employee’s address
if the employee is required to work outside of Great Britain for more than one month, any extra payments and the methods of paying these must be stated, as well as ...
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