Chapter 2 Key facts checklists

Contracts of employment

Employment contracts are a species of contracts in general; common law contract rules such as illegality, offer, acceptance, consideration, and illegality therefore apply to them.
Express terms normally take precedence over other terms apart from those implied by statute.
One form of express terms is covenants in restraint of trade.
Not later than two months after the start of employment the employer must supply a written statement of particulars of employment. This right applies to employees only. During the currency of this book the period may be reduced to one week and the right extended to workers. These proposals come from the Taylor review of modern working practices mentioned in chapter 1.
This statement does not constitute a contract of employment; it is merely the employer's version of what has been agreed.
Terms of a contract may be derived from collective agreements as well as (in theory) being individually negotiated. (In practice, because of inequality of bargaining power, it is employers and their 'armies of lawyers' who impose terms.)
Substantive terms from a collective agreement may be incorporated into an employee's contract of employment expressly or impliedly, or as a result of custom and practice (rarely via the doctrine of agency).
Works rules are normally determined by the employer and can be expressly or impliedly incorporated into a contract of employment.
Custom and practice, which by definition must be reasonable, certain, and 'notorious' (ie well known) can be used to fill gaps in the employment relationship.
Terms can be implied in the contract of employment by statute.
Terms can also be implied by the common law if they are consistent with the express terms. They may, however, modify the width of express terms.