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)

Executive service agreement playbook

The Executive service agreement playbook provides guidance for drafting and negotiating an executive service agreement for a director or senior employee. This playbook includes a preferred position and a fallback position for the most commonly-negotiated clauses.

Types of contractual term

Contracts of employment set out the relationship between

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Latest Employment News

House of Commons publishes motions ahead of consideration of Employment Rights Bill on 8 December

The House of Commons on 5 December published motions relating to Lords amendments to the Employment Rights Bill (ERB), in advance of its consideration of the those amendments on 8 December (to be followed by a swift ping-pong back to the Lords, expected on 10 December).The government amendments include: guaranteed hours offers for zero hours workers—the government has offered a concession in the form of consultation on the initial reference period unfair dismissal—in addition to the reduction of the qualifying period from two years to six months (rather than its removal altogether), the government amendments would remove the unfair dismissal compensation cap entirely by omitting section 124 of the Employment Rights Act 1996 (ERA 1996)reasons for dismissal for which there is no qualifying period—the government proposes to include in the list of reasons in ERA 1996, s 108(3) dismissal for failure to disclose a spent conviction or ancillary circumstances seasonal workers—the government proposes to consult with those representing the interests of seasonal workers and their employers before making regulations contributions to political funds from union members—the government amendments provide for an opt-out notice to be given on a day specified in, or determined by, the trade union’s rules, and for the Secretary of State to publish guidance (within three months of the measures coming into force about the kind of provision which the Secretary of State considers it is appropriate for the rules of a trade union to make for these purposes industrial action balloting—the government amendments require the Secretary of State, before bringing regulations into force to have regard to the effect provision for balloting other than by post on the proportion of those eligible to vote in such ballots doing so a number of MPs have tabled an amendment that the Commons should insist on the removal of the unfair dismissal qualifying period.

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