The employment contract

The employment contract sets out the terms and conditions under which work is to be done and paid for. Employees should know what those terms are and how to enforce them.

Once an employer has offered a job and the employee has accepted it, there will be a legal contract even if there is nothing in writing. If the offer is later withdrawn the employee may be able to claim damages for breach of contract (Sarker v South Tees Acute Hospitals [1997] IRLR 328). In most cases, damages are limited to the length of notice needed to terminate the contract legally. However, if the contract is for a fixed period of time and there is nothing allowing for it to be ended earlier, damages could potentially cover its whole period (Gill and others v Cape Contracts [1985] IRLR 499).

Although a verbal offer and acceptance can be binding, proving it is likely to be difficult. In Wright v Canterbury Christ Church University College [2005] EAT/0428/04/0604, the EAT ruled that an offer is binding if a “reasonable person” would infer that the employer intended to be bound by the offer once it was accepted, whether or not this was actually the employer’s intention.

To enforce a contract, you need to know who your employer is. This should be stated in the written statement of employment particulars (see below).