The contract of employment is a document which sets out the rights and obligations of both parties. As a result, the contents and the construction of the contract are of primary importance in determining the extent of the obligations each party has and in deciding when one party is acting outside the scope of the employment contract and is, therefore, in breach.
This subtopic provides guidance to employers and employees on all aspects of the employment contract.
Practice Note: Offer of employment identifies the key issues for employers and employees to consider when making or receiving an offer of employment. It also covers the form and status of the offer, acceptance, whether the offer includes all the contractual terms or whether there are contractual terms to be incorporated from other documents such as a staff handbook, pre-contract representations, conditional offers, data protection issues and implied terms.
See also Precedent: Letter—employee offer letter.
Probationary periods (or trial periods) are typically used to assess the suitability of newly-appointed employees (sometimes known as probationers), and provide a structured framework for early termination, usually on shorter...
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