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Updating author: Lynda Macdonald
On this page:
Summary
Future
developments
Practical example
Key references
Contracts of employment
The importance of obtaining
agreement
The
terms of employment that must be in writing
Flexibility
Pre-employment medical checks
Human rights implications
Avoiding breach of contract
Pensions
auto-enrolment and prohibited recruitment conduct
Agency workers
Medical questionnaires
Checking references and
qualifications
Summary
Once a job offer is made and accepted, a binding contract of
employment is formed. It is in both the employer's and the prospective
employee's interests that the terms of the contract should be clearly spelled
out in writing from the outset of employment.
- A contract of employment can exist irrespective of whether anything has
been put in writing. (See Contracts of
employment)
- The withdrawal of an unconditional job offer will constitute a breach of
contract, entitling the prospective employee to sue the employer for
damages. (See Contracts of
employment)
- In order for a term or condition to form part of an employment contract,
it must be agreed between the parties. (See The importance of obtaining
agreement)
- Employers are under a statutory obligation to put certain key terms of
employment in writing for all employees - known as a written statement of
particulars of employment. (See The terms of
employment that must be in writing)
- A written statement of particulars issued by the employer cannot of itself
effect a variation to the terms of a contract of employment unless the
employee has expressly agreed to any change contained within it. (See The terms of
employment that must be in writing)
- The right to be given a written statement applies to part-time employees
irrespective of how many hours they work per week or per month. (See The terms of
employment that must be in writing)
- It is useful to include flexibility clauses in contracts of employment,
particularly in relation to hours of work, job duties (if these are specified)
and the employee's place of work. (See Flexibility)
- Many employers elect to ask successful job applicants to undergo
pre-employment medical checks to ensure their fitness to perform the job and
to identify any pre-existing medical conditions. (See Pre-employment medical checks)
- It is potential discrimination on the ground of disability to ask a job
applicant to complete a health questionnaire or attend a medical examination
before making a job offer to that person. (See Pre-employment medical checks)
- In the event that a job applicant refuses to agree to a medical
examination, the employer may legitimately decline to make a job offer, or
withdraw a job offer that had been made conditional upon a satisfactory
medical examination. (See Human
rights implications)
- Information about an individual's physical and mental health is regarded
as "sensitive data" under the Data Protection Act 1998 and the Act requires
the individual's express consent to be obtained before such information is
processed. (See Medical
questionnaires)
- All job offers should be made conditional upon satisfactory references
being obtained, so that if the references are unsatisfactory, the employer can
lawfully withdraw the offer without being in breach of contract. (See Checking references and
qualifications)
- Employers are, as a general rule, not obliged to provide a reference for
an employee who has left their employment, but if they do so they are under a
duty of care to ensure the reference is factual, accurate and not
misleading. (See Checking references and
qualifications)
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Future developments
There are no future developments.
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Contracts of employment
A contract of employment can exist irrespective of whether
anything has been put in writing, as a contract comes into force as soon as
there has been an offer of employment and an unconditional acceptance of that
offer. |
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