Can an employment contract exist without any documentation?
Yes. A court or tribunal will look at the reality of the situation. If an individual is being paid the same each month by an organisation this would look like an employee/employer relationship. You may not have anything in writing, but a contract still exists. The behaviour of the two parties is significant evidence.
Is it a legal requirement to provide employees with a written employment document of some kind?
Yes. Prior to 6 April 2020 the employer needed to provide a written statement of employment particulars within two months of the employee starting their employment.
The requirements are now stricter. Effective from 6 April 2020 employers need to provide a written statement of employment particulars on or before the worker/employee’s first day of employment, regardless how long the employment lasts. The document must include specific detail of the employment contract. More information is required from day one than was previously the case.
What should I do next as an employer?
If you need advice or have a specific question on employment contracts, please contact Kirsty Henderson one of our HR Advisors.
First Published 20 January 2021
Last Updated 20 January 2021
20 January 2021
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