If an employee does not have a contract what are the terms of their employment?
If there is a dispute, the court will decide what the actual terms are by looking at all the other documents and evidence. The terms will then usually be what is in the employee's "statement" given to them by the employer. See Employment Statement.
Other sources of terms that a court may say are part of the contract are as follows:
a) The letter the employer sent offering the job (if one was sent). These letters often contain important information about the terms if the job is accepted.
b) Terms agreed between the employer and any Trade Union that represents the workforce. This includes local and national agreements made between employers and Trade Unions.
c) Any terms stated in an advertisement for the job.
d) The employer's works rules and staff handbook, this includes rules placed on the staff noticeboard by the employer.
e) Spoken agreements between the employer and all the employees or individual employees.
Questions & Answers
- Is a worker an employee or self-employed?
- What information must an employer give to an employee when they start?
- What should be in an employment statement?
- What happens if the employer decides to change the employment statement?
- Should an employer give an employee a written contract?
- If an employee does not have a contract what are the terms of their employment?
- What obligations/duties does the employee owe to their employer?
- What obligations/duties does the employer owe to the employee?
- What are the employee's rights to notice before dismissal?
- Can an employee bring a claim for both?
- What are an employee's Maternity Rights?
- What are an employee's rights under Sex and Race Discrimination law?