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Contract of employment
All employees will have a contract of employment, regardless of whether the terms of the contract have been agreed verbally or in writing. Further, the law automatically includes certain specified terms in every contract of employment.
However, employers are legally required to give every employee (no matter how short the intended length of their employment) a written statement, covering specified terms and conditions, by the first day of their employment (or within two months of the of the employment beginning, if the employee started work before 6 April 2020).
This contract gives both you and your employer certain rights and obligations but no contract can override your statutory rights. For example, as an employee you have a statutory right to sick pay, maternity leave and the minimum wage.
Constructive dismissal claim
If your employer commits a serious or fundamental breach of this contract, our employment lawyers can discuss with you your options (which may include raising a grievance and/or your resignation) and, if applicable, the merits of bringing a constructive dismissal claim against your employer.
Breach of contract
This contract can be breached in several different ways. This might include such things as singling out the employee for unfair treatment, failure to investigate a grievance or harassment allegations, failure to prevent bullying or undermining the employee. An employee may be entitled to resign and claim constructive dismissal if, for example. their pay is reduced without agreement or they are told to resign.
Our employment lawyers can advise employees on the legalities of their contract terms and any grievances that might arise following their breach.