Is It Illegal Not to Be Given a Contract of Employment

As a professional, it is important to understand the legal implications of not being given a contract of employment. In many countries, including the United Kingdom, employers are legally required to provide a written statement of employment terms and conditions within two months of an employee starting work.

This written statement should include basic information such as the employee`s job title, salary, hours of work, and holiday entitlement. It should also include details on how long the contract is for, notice periods, and any probationary periods.

So, is it illegal not to be given a contract of employment? The short answer is no, but the employer does need to provide a written statement of employment terms and conditions. If they do not do so, they are in breach of their legal obligations.

If an employer fails to provide a written statement of employment terms and conditions, an employee can take their case to an employment tribunal. An employment tribunal can award compensation of up to four weeks` pay.

It is worth noting that having a contract of employment is not just a legal requirement, it is also beneficial to both the employer and the employee. A contract provides clarity for both parties, reducing the risk of misunderstandings or disputes. It also ensures that both parties are clear on their rights and obligations.

In addition to the written statement of employment terms and conditions, some employees may be entitled to a more comprehensive contract of employment. This could include details on sick pay, maternity/paternity leave, training and development, and disciplinary procedures.

In conclusion, employers are legally required to provide a written statement of employment terms and conditions within two months of an employee starting work. Failure to do so can result in compensation being awarded by an employment tribunal. It is also advisable for employers to provide a more comprehensive contract of employment to ensure clarity and understanding between both parties.