Express contractual terms

Express contractual terms may be in writing or agreed verbally, and typically include terms about:-

 

  • the date employment commenced and any previous periods that count towards continuous employment.
  • remuneration – how much and how often the employee will be paid.
  • normal working hours and any overtime or other mandatory conditions relating to hours of work.
  • holidays and holiday pay.
  • job title and duties.
  • place (or places) where work is to be done.
  • pension entitlement
  • sick pay entitlement
  • restrictions on the employee working for other employers
  • confidentiality about the employer’s business affairs
  • whether a collective agreement between the employer and a union will take effect as a term of the contract and on what terms.

 

Verbal terms are no less enforceable than written terms – the only problem with verbal terms is an evidential one – it may be one person’s word against another about a term that was agreed.

 

Express terms may give enhanced rights over and above statutory rights, but any term in a contract that purports to give inferior rights will be considered void.

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Zero increases by 26%

The Office for National Statistics has released new figures that show nearly 700,000 people work on zero hours contracts - up 26% from last year.  The problems caused by these contracts will require a significant change in the law.

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