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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 here.
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.
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