{"id":1669,"date":"2022-01-11T04:53:16","date_gmt":"2022-01-11T04:53:16","guid":{"rendered":"https:\/\/uk.legalvision.com.au\/?p=1669"},"modified":"2022-06-02T02:21:16","modified_gmt":"2022-06-02T01:21:16","slug":"key-terms-employment-contract","status":"publish","type":"post","link":"https:\/\/legalvision.co.uk\/employment\/key-terms-employment-contract\/","title":{"rendered":"Key Terms to Include in Your Employment Contract in England and Wales"},"content":{"rendered":"

When you employ staff, you will have some form of employment contract<\/a> with each employee, whether written or verbal. This employment contract is a legally binding agreement between you and your employee, creating a relationship between you. Importantly, you must legally include key terms in your employee’s contract. There are also key terms that are useful to include but that the law does not require. Ensuring that your employee\u2019s employment contract is clear and contains the key terms can reduce the likelihood of a dispute between you and your employee and avoid you being taken to an employment tribunal.<\/span><\/p>\n

This article will explain the key terms in an employment contract and some others you may wish to include.<\/span><\/p>\n

What Types of Terms Should You Include in an Employment Contract?<\/span><\/h2>\n

Ordinarily, an employment contract consists of the following types of terms.\u00a0<\/span><\/p>\n

Express Terms<\/span><\/h3>\n

These are agreed upon in writing<\/a> and are specific to the employee’s job, such as the pay rate<\/a> and the working hours.<\/span><\/p>\n

Statutory Terms<\/span><\/h3>\n

Statutory terms are those which are found more widely in employment law.<\/span><\/p>\n

Implied Terms<\/span><\/h3>\n

These are obvious terms and are not required to be stated in writing, such as being polite to customers. They could also be custom and practice, such as things that tend to be known as good practice within your industry.<\/span><\/p>\n

Incorporated Terms<\/span><\/h3>\n

These are terms that are placed elsewhere but are part of the employment contract. For example, those in the staff handbook.<\/span><\/p>\n

Written Terms Which You Must Include in Your Employment Contract<\/span><\/h2>\n

Your employees and any workers who started work on 6 April 2020 or after are legally entitled to written terms.\u00a0<\/span><\/p>\n

Written terms are formally called a \u2018written statement of employment particulars<\/a>\u2019. This is not the entire employment contract but just one part of it. These summarise the main terms of the employees\u2019 employment such as their working hours and their pay rate. Everything contained within them must be legally correct.<\/span><\/p>\n

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You must provide a written statement of particulars to your employees before they start their employment or on the first day of it. This is required regardless of how long you intend them to be employed with you.\u00a0<\/span><\/p>\n<\/div>\n

Several elements make up a written statement of employment particulars.\u00a0<\/span><\/p>\n

1. The Principal Statement<\/span><\/h3>\n

The written terms contain a principal statement that should detail:<\/span><\/p>\n