Contracts of employment

By Marge Green


A contract of employment is an explicit agreement between the employer and his/her employee about the terms and conditions of that employment.

With the use of trade union representatives of arbitration staff, employees should reach an agreement with their employers to achieve an alteration of their contract. The employee should present his case to the employer in a reasoned and rational way, explaining why they have requested those changes and why it would help both parties.

Unless your request is covered by statutory labour regulations i.e. religious objections to working on a Sunday, you cannot suggest an alteration of an employment contract without first reaching out to your employer and explaining why you have requested the change. Once any changes are accepted by all parties, they should be confirmed in a new written contract.

Two things are required by law once a contractual change has been agreed by the employers and employees: a new written statement of employment and a letter sent within a month new agreement explaining the new contractual obligations of both sides.

If any changes to a contractual situation are not in the written statement such as the right to statutory sick pay, the employer should notify the employee of where information about the change can be found. These may include the company intranet or a handbook or noticeboard.

Any changes to collective agreements agreed with trade unions or other staffing associations like job agencies require the employer to notify the employee of those changes. Terms and conditions agreed outside of the written statement of employment subject to change may include wages and working hours, and must be agreed between both parties regardless of union membership.

If the employer refuses to honour a wage settlement, or the employee refuses to honour the working hours of the contract, then a breach has occurred. The situation can also become a negative issue if the employer tries to change a contract without seeking the agreement of the employer.

If an employer is unhappy with his contractual situation, he can utilise any number of options depending on his circumstances: he can use ACAS (Advisory, Conciliation and Arbitration Service), a Citizen's Advice Bureau or, if they are a member, they can use the legal resources of their trade union. If they seek mediation services, the issue can be resolved in a timely and polite manner without any lasting damage to a contractual situation.

If a company employs a person for a specified time period or a specific project e.g. construction, auditing etc then the employee is on a fixed term contract.

Alternatively, if an employee has a contract with a recruitment agency rather than the company that has contracted to the agency, then they are not fixed-term employees. Also, those on work-placement schemes, educational programmes or military personnel are examples of non fixed-term employees.

Sometimes, fixed-term employees can include those who are employed for the purpose of covering maternity or sick leave, or if they are employed to complete a specialist task on a specific project.




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