This is a preview. To continue reading please log in or Register to read this article

Pay and the employment contract

Updating author: Nicky Stibbs


  • The duty to pay wages is implied into every contract of employment. If an employer fails to comply the employee may seek compensation in the county court or the employment tribunal. (See The employer's contractual duty to pay wages)
  • The interval at which remuneration occurs and the scale, rate or method of calculating it should always be agreed and specified in the contract or in the written statement of terms and conditions of employment. If it is not specified, an employee can request that an employment tribunal calculate the amount of pay to which he or she is entitled. (See The level of pay)
  • A worker must offer his or her services and be ready and willing to work for his or her wages. If a worker is prevented from working by circumstances outside his or her control, he or she is still entitled to be paid unless the contract expressly specifies the contrary. (See The worker's contractual duty to offer his or her services)
  • Employees who refuse to work are not entitled to be paid for the time which they do not work. This can be calculated hourly or daily, according to the terms of the individual contract of employment. (See Refusal to work and "go-slow" working)

Sector resources

Additional resources on this topic are available for the following sectors: