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Employment Contracts
A contract of employment is an agreement between employer and employee and is the basis of the employment relationship. A contract is made when an offer of employment is accepted. A number of rights and duties, enforceable through the courts, arise as soon as this happens.
Most employment contracts do not need to be in writing to be legally valid, but writing down the terms of the contract will cut down on disagreements later on. The Employment Rights Act 1996 requires employers to provide most employees with a written statement of the main terms within two calendar months of starting work. Many employers include an introduction to terms and conditions as part of the induction programme for new starters. This gives employees a chance to ask questions and for the employer to test understanding of the employment contract.
Not all terms are always explicitly agreed in writing (express terms). The courts have established that all employment contracts have the following terms included, whether express or implied:
- to maintain trust and confidence through co-operation
- to act in good faith towards each other
- to take reasonable care to ensure health and safety in the workplace.
Some implied terms can become part of the contract because of the employer and employee's behaviour, through custom and practice over time, or through a firm's rules
Source: ACAS
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