An employment contract is made up of different types of terms. This includes terms that are:
- written down
- verbally agreed – in conversations between the employer and worker
Express terms
Some terms will be explicitly agreed. These are called 'express terms'.
Express terms are usually put down in writing. This might be in the 'written statement of employment particulars' or a job offer letter.
Terms that are agreed verbally
Express terms can also be agreed verbally, in conversations between a worker and their employer.
Terms agreed verbally are usually still legally binding. This means that they are still part of the legal contract.
However, some terms must be written down in the written statement. This includes things like pay, working hours and holidays.
In general, it's a good idea to put everything in writing. This helps everyone to understand their rights and responsibilities.
Incorporated terms
Some employment contract terms might be written in other documents. These are called 'incorporated terms'.
They might be found in:
- employee handbooks
- collective agreements
- company policies
Incorporated terms might not have been agreed specifically between an individual worker and their employer. But they are still part of the employment contract.