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
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
**Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
HMCTS has provided an update on Alexandra House in Manchester. The update, set out below, explains the impact on hearings, which reflects the...
The Supreme Court has unanimously allowed the appeal in Augustine v Data Cars Ltd, holding that, for the protection against less favourable treatment...
The Fair Work Agency (FWA) has published its first delivery plan for 2026 to 2027, setting out its priorities, activities and performance measures for...
The updated Equality and Human Rights Commission (EHRC) Code of Practice on Services, Public Functions and Associations (the Code) came into force on...
The term of trust and confidenceThis Practice Note analyses the term or duty of mutual trust and confidence (in a fiduciary sense) implied or imposed into every contract of employment. It considers the mutual or two-way duty of trust and confidence, which requires employer and employee not to
Illegal and unlawful contractual terms in employmentThis Practice Note considers the issues that arise in relation to illegal and unlawful contractual terms that may be encountered in an employment context.The contract of employment may be tainted with illegality in the same way as any other
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
0330 161 1234