Contracts of Employment Explained
In many respects the contract of employment is very similar to any other contract. Usually, a contract of employment will be expressed in writing, but as with many other contracts this need not always be the case. The contract of employment will consist of a number of terms and conditions. These may be express or implied. Express terms are those which have been agreed between the parties, either orally or in writing. Implied terms are those which are so obvious to an onlooker that they are held to be part of the contract, and therefore do not need to be expressed by the parties. Breach by either party of any of the terms will, of course, amount to breach of contract.
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“…I am a junior employee of {national bank}…I have a contract of employment…one of the terms is an express mobility clause…this states I must go where the company sends me…however I have just received notification from my employer that I must relocate from Birmingham to Leeds within one week…I am newly wed with a baby on the way and will find it impossible to comply on such short notice and with no financial assistance…the bank has not offered any…I feel this is amounting to constructive dismissal…but I am worried I have no rights because of the express term…”
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“…I have a new business with 6 employees…I wish to provide my workers with contracts of employment which comply with s.1 of the Employment Rights Act 1996...can you provide a stencil with all the required articles…”
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