Contract of employment
A contract of employment is normally in writing. One of the reasons for putting a contract of employment in writing is it can be used to resolve disputes between an employer and their employee over the terms of the employee's employment. However, contracts can also be verbal - because you agreed to work for your employer and they agreed to pay you.
The terms that are written into a contract of employment are called express terms. Breach of these express terms may entitle the other party to terminate the contract. Whether they are entitled to do this will depend on the seriousness of the breach of contract by the other party.
The type of express terms that go into a contract of employment will vary with the type of job the employee is being employed to do. If the employee is employed to do a job which involves them having access to confidential information, there is likely to be a confidentiality clause in the contract. This is to guard against the leaking of this sensitive and often valuable information.
Another clause which an employer may insist on having in a contract of employment is a restraint of trade clause. This clause would attempt to prohibit the employee from competing in the same business as their employer for a period of time after his contract of employment ended. Whether such clauses are enforceable would depend on the scope of the clause. Care should be taken when drafting such clauses as they may be deemed to be 'unreasonable' by a court and subsequently unenforceable against the ex-employee.
If you would like to obtain legal advice on contracts of employment, including drafting and disputes that arise in relation to them, Caven can put you in touch with a local specialist Employment Solicitor free of charge. So, if you have any questions or would like our help in finding local Employment Solicitors please call us on 08001 221 2299 or complete the web-form above.
- Last Updated on 25/02/2013