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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
Can workplace custom or conduct override the written terms of a contract?
In what types of dispute are contracts important?
What comprises an offer of employment?
Are conditional job offers binding?
What constitutes an acceptance of an offer of employment?
Are promises made during the interview legally binding?
If an employer makes a job offer and the candidate accepts, can the employer change its mind and withdraw the job offer if nothing has yet been put in writing?
Where an individual has accepted an employment offer can the employer withdraw it where, for example, a freeze on recruitment has subsequently been put in place?
Where an individual accepts a job offer but subsequently accepts another offer from a different company will the first employer have any form of redress?
Where an individual has accepted an offer of employment but has since informed the employer that he or she is no longer able to start on the agreed date, can the employer retract the offer?
There is no legal requirement that an employment contract be
put in writing, but it is advisable to do so. The contract should cover all the
terms the parties want in the contract and the wording should be unambiguous.
If more than one contract is produced prior to the commencement of employment,
the one that will apply is the last one before the employment commenced. A
statement of written particulars giving details of matters such as pay, holiday
entitlement and job title must also be given to each employee by the end of the
second month after his or her employment has begun.
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