Employment Contracts by Ryan Clement

Category: Education

Presentation Description

Basic Introduction to Employment Contracts by Ryan Clement, barrister


Presentation Transcript

Employment Contracts by Ryan Clement:

Employment Contracts by Ryan Clement Welcome to my snippets on Employment Law & Human Resource Management (HRM) This snippet is a basic introduction to Employment Contracts www.ryanclement.com http:// ryanwclement.blogspot.co.uk

Human Resource Management:

Human Resource Management

About Me:

About Me My name is Ryan Clement & I am a practising barrister who specialises in Employment Law & Human Resources . I represent parties in Employment Tribunals and above. Also, I advise organisations & individuals on all aspects of employment law & human resource management Additionally, I provide training to organisations on all matters, regarding employment law and human resource management Academically, I have an LL.M , BA (English), & BS.c (Q.S.)

Three Key Components:

Three Key Components Like with other contracts (such as commercial, for example), a contract of employment consists of three key components in law: offer , acceptance and consideration . Basically, the offer of employment is made by the employer (I shall deal with the issue of counter-offers in a future snippet). This offer forms part of a binding contract when it is accepted by the employee .

Elements of Contract:

Elements of Contract Offer Acceptance Consideration Offer + Acceptance + Consideration = Contract


Considerations There are many considerations but two would be: for example, ( 1) the employee promises to undertake the work described in the contract and ( 2) the employer promises to pay the employee the agreed sum (wages, salary etc.) for the said work undertaken by the employee

Oral or Written:

Oral or Written Again, like with many contracts, a binding contract may be made orally or in writing. The former raises many problems because misunderstandings can arise and there are no records to support one party's view or the other's. However, that is not to say that a written contract is necessarily void of any problems, ambiguity or creating its own misunderstandings. One only as to see how a written term, stating that an employee 'may be required to do a reasonable amount of overtime as an when required having received reasonable notice' could be interpreted in a variety of differing ways by employer, employee and observer alike.

Implied Terms:

Implied Terms Added to the above are the implied terms in the contract that do not need to be written and or said. Under this heading are many terms, ranging from those that were so obvious they did not need to be stated to those that just happen due to custom & practice in the organisation or for the relevant industry to those imposed by law/statute , for example national minimum wage , minimum statutory notice etc.

Agreement Evidenced in Writing:

Agreement Evidenced in Writing It is important that parties seek to have as many terms of their agreement evidenced in writing as possible . It reduces the chances of a dispute over what a party intended, expected, anticipated etc. when they entered the contract, sometimes many years before and often with a person who no longer works for the organisation to verify or otherwise the initial intention or understanding.

There IS a contract!:

There IS a contract! It should, therefore, be apparent that when someone or an organisation says, ' I don't have a contract ,' or, ' there is no contract ,' what they truly mean is there is no "written" contract. There is, of course, a contract, otherwise on what basis did the employee undertake work Monday-Friday each week and on what basis did the employer pay for that work at the end of each month?

Next Snippet:

N e x t S n i p p e t In the next snippet I shall discuss the employer's obligation to confirm the main terms of the agreement in writing whether the employment contract is made orally or in writing . Watch this space !

Employment Contracts by Ryan Clement:

Employment Contracts by Ryan Clement Thank you for passing by I shall be posting various articles here, so See you again ! www.ryanclement.com http:// ryanwclement.blogspot.co.uk