Employment contract

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.

Key precedents

Key precedents include:

  1. Employment contract basic version

  2. Employment contract for senior employee

  3. Executive service agreement

  4. Executive service agreement (short form)

  5. Employment contract basic version (Scotland)

  6. Employment contract for senior employee (Scotland)

  7. Executive service agreement (Scotland)

  8. Executive service agreement (short form, Scotland)

Types of contractual term

Contracts of employment set out the relationship between an employer and employee. They are made up of various different types of terms.

Practice Note: Types of contractual term in employment covers express terms, implied terms, imposed terms and incorporated terms that may make up an employment contract. It explains

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Latest Employment News

Employment weekly highlights—5 June 2025

This edition of Employment weekly highlights includes: (1) an analysis of the recent immigration White Paper by Ben Maitland of Vanessa Ganguin Immigration Law, (2) an analysis of reforms to reduce discrimination in the Local Government Pension Scheme by David Gallagher and Daniel Fowler at Fieldfisher, (3) an EAT decision that a claimant’s aversion to wearing a mask lacked the necessary cogency, seriousness, and cohesion to qualify as a protected philosophical belief, (4) an ET decision that a teacher’s dismissal was not the result of her whistleblowing over the school’s policy on trans children, (5) an analysis of a Court of Appeal decision that UK gender recognition certificates do not allow gender to be recorded as non-binary by Harini Iyengar at 11KBW, (6) a report from the Institute for Public Policy Research on the challenges surrounding surveillance in the workplace, (7) the publication of the latest UK Stewardship Code by the Financial Reporting Council, (8) new guidance and legislation on amendments to non-disclosure agreements (NDAs) under the Victims and Prisoners Act 2024, (9) a successful appeal to the EAT against a ‘gisting order’ in an unfair dismissal claim amid national security concerns, (10) two new Practice Notes on providing toilet, washing and changing facilities in the workplace following the Supreme Court decision in For Women Scotland v Scottish Ministers, and on the right to disconnect produced in partnership with Rosie Moore and Simon Swaine of Lewis Silkin, (11) dates for your diary, and (12) other news items of interest to employment practitioners.

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