Contracts of employment: an introduction

Although it might not be in writing, all employees have a contract of employment.

What is a contract of employment?

A contract of employment is an agreement between an employer and an employee which sets out their employment rights, responsibilities and duties. These are called the 'terms' of the contract.

Terms of a contract - find out more

Your employment contract doesn’t have to be in writing, but you’re entitled to a written statement of the main terms within two months of starting work.

The employment contract is made as soon as you accept a job offer. If you start work it will show that you accepted the job on the terms offered by the employer, even if you don't know what they are. Having a written contract could cut out disputes with your employer at a later date, and will help you understand your employment rights.

You and your employer are bound to the employment contract until it ends (usually by giving notice) or until the terms are changed (usually in an agreement between you and your employer).

The employment rights you have will often depend on whether you are classed as an ‘employee’, ‘worker’ or ‘self employed’. These depend on the type of contract you have with your employer.

Understanding your work status

Written statements

If you are an employee, who has been working for your employer for more than one month you have the right to receive a ‘written statement of employment particulars’ that sets out some of your main terms. Your employer must give you this within two months of starting work. The statement must include details on:

pay
hours of work
holiday entitlement
sick pay arrangements
notice periods
information about disciplinary and grievance procedures.

Written statement of employment particulars

There is an interactive tool available from NI Business to help your employer create a written statement.

Help with creating a written statement (nibusinessinfo website)

If the terms of the contract change, your employer must give you the new information in writing within one month.

What should you do if you don't have a contract of employment?

If you're an employee, you automatically have a contract of employment as soon as you accept a job offer. What you may not have is a 'written statement of employment particulars' that sets out your terms of employment.

If you have not been given one, it's either wrong or unclear, or you've been dismissed for asking for one, you should first try to sort it out with your employer directly. If you have an employee representative, like a trade union official for example, they may be able to help. Ultimately you may be able to make a claim to an Industrial Tribunal. Dismissal for asking for a written statement will be automatically unfair.