Contract of employment
A contract of employment is the legal agreement that sets an employee's terms, rights, responsibilities and duties.
A contract can start before day one
A contract of employment begins when an employer and employee reach a binding agreement. It does not need to wait for a signed document or the employee's first shift.
For example, accepting a clear unconditional job offer can create the contract. The agreement can be verbal, although writing it down makes the terms easier to prove. A conditional offer should name each condition clearly and record when it has been met.
The GOV.UK guidance on employment contracts confirms that an employment contract does not have to be written down. That makes the offer stage part of contract management, not just recruitment admin.
Terms can come from several places
The contract includes terms both sides expressly agree, such as pay, hours, role, location and notice. Other terms can come from legislation, collective agreements, custom or duties implied by the employment relationship.
A handbook or policy is not automatically contractual. Its wording, how it was introduced and how the contract refers to it all matter. Say which documents contain binding terms and which describe a process the employer can update.
The written statement has a separate job
A written statement of employment particulars records information the employer must provide. It is important evidence, but it may not contain the whole contract.
Keep the accepted offer, current terms, written statement and later agreed changes together. Date each change and record who accepted it. The useful test is whether both sides can see what they agreed, where the supporting rules live and what happens when the role changes or ends.
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