A contract is an agreement that sets out an employee’s.
‘Terms’ of the contract.
- employment conditions
If a person has an agreement to do some work for someone (like paint their house), this isn’t an employment contract but a ‘contract to provide services’.
As soon as someone accepts a job offer they have a contract with their employer.
- An employment contract doesn’t have to be written down.
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What termination notice is the employee entitled to receive?
- An employer and employee can agree contractual terms as to the notice period.
- OR the statutory minimum notice periods to be provided:
- Between 1 month and 2 years – 1 week’s notice required
- Between 2 and 12 years – 1 week for every year worked, up to a maximum of 12 weeks
- An Employment Tribunal can order that the employee should be entitled to more than 12 weeks notice because it is “reasonable” in that industry.
- If an employee is not provided with his notice period he may have a claim for breach of contract.
What notice is the employee obliged to give to his employer?
- the contract will specify the notice period
- if silent then minimum period of notice to be given by an employee who has been employed one month or more is 1 week
- If the employee wishes to leave before the end of his contractual notice emploer is not entitled as a matter of law to force him to work
What is “Garden Leave?”
- You do not attend the workplace during your notice period, even though you continue to be paid.
- The employee is expected to stay at home and not commence new work during this period.
- The purpose is to protect trade secrets
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- Almost all workers are legally entitled to 5.6 weeks paid holiday per year
- known as statutory leave entitlement or annual leave
- Most workers who work a 5-day week, must receive 28 days paid annual leave per year.
- A worker works 3 days a week, their leave is calculated by multiplying 3 by 5.6 which comes to 16.8 days of annual paid leave.
- If someone works irregular hours - eg shift work - they need to calculate their leave entitlement for irregular hours.
- Staff working 6 days a week are only entitled to 28 days’ paid holiday and not 33.6 days
Workers have the right to:
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- you should receive within 2 month from start working
- if an employment contract lasts at least a month or more
- This isn’t an employment contract but will include the main conditions of employment:
- the business’s name
- the employee’s name, job title or a description of work and start date
- if a previous job counts towards a period of continuous employment, the date the period started
- how much and how often an employee will get paid
- hours of work (and if employees will have to work Sundays, nights or overtime
- holiday entitlement (and if that includes public holidays)
- where an employee will be working and whether they might have torelocate
- if an employee works in different places, where these will be and what the employer’s address is
As well as the principal statement, a written statement must also contain information about:
- how long a temporary job is expected to last
- the end date of a fixed-term contract
- notice periods
- collective agreements
- who to go to with a grievance
- how to complain about how a grievance is handled
- how to complain about a disciplinary or dismissal decision
- MUST include your pay rate and when you will be paid
- outlines a disciplinary procedure of a company
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