Editor's message: The contract of employment forms the backbone of the employment relationship. There is no obligation on employers to put contracts in writing (although certain key employment terms must be set out in a written statement of employment particulars). However, oral or ambiguous terms have the potential to lead to disputes - so it is advisable to make sure your terms are clearly set out in writing, so that everyone understands what has been agreed.
While express contractual terms are those agreed between the organisation and the employee - or incorporated from, for example, a collective agreement or a staff handbook - terms may also be implied into the contract. Often this will be by custom or practice, or the parties' conduct, or because of what a court or tribunal deems must have been intended when the two parties entered into the contract.
One of the most important implied terms is the implied duty of mutual trust and confidence - employees claiming that they have been constructively dismissed often cite a breach of this implied term.
Clio Springer, senior employment law editor
We round up our key content on April employment law changes.
In MacLean v Menzies Distribution Ltd, an employment tribunal found that the employer's public "dressing-down" of an employee via email entitled the employee to resign and successfully claim constructive dismissal.
Updated to include information about the Coronavirus Job Retention Scheme and relevance for pay.
Updated to include information about the Coronavirus Job Retention Scheme and relevance to varying contracts.
Each April, HR professionals must ensure that their organisation complies with the latest round of amended employment laws and deadlines. As well as dealing with the ongoing impact of coronavirus (Covid-19), important issues for HR in April 2020 include changes to written statements of terms and conditions, the introduction of parental bereavement leave and pay, and changes to the law on calculating holiday pay for workers with irregular hours.
A model statement to provide a written statement of terms and conditions of employment for an individual whose employment begins on or after 6 April 2020.
Updated with additional information on changes to the provisions on written statements from 6 April 2020.
Updated with a new version of the letter that takes account of changes to the provisions on written statements from 6 April 2020.
HR and legal information and guidance relating to contracts of employment.