Employment Law Essay

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In order to discuss and analyse the above statement, in depth reference will be made to various documents which can in some circumstances relate to contracts of employment and whether those particular documents which are not contractual can be incorporated into a contract, creating legal enforceability for employers and employees. Firstly it must be established what exactly is a contract of employment. A contract of employment is an agreement between an employer and employee, forming the basis of an employment relationship; enforceable by law. Contracts of employment may be given orally or in writing: Employment Rights Act 1996 s 230(2) and commence immediately. Actual written contracts require an employee's signature and the signature of…show more content…
The case of Gascol Conversions v Mercer demonstrates an instance whereby the statutory particulars were held to be the contract, as the statement of the written terms had been sent to the employee who had signed them and a receipt. In other words he was agreeing that the document accurately represented the terms of the employment, he had signed what he acknowledged to be a written contract. Clearly demonstrating that a document that is not itself contractual can be incorporated into a contract, it is thus possible for what would normally be a section 1 statement to be transformed into a formal written contract by the parties signing it . Later cases showed a somewhat opposing view System Floors (U.K.) Ltd. v. Daniel [1982] I.C.R. 54, noted (1982) I.L.J. 118. Employment Appeal Tribunal. This was not really a contractual term at all, but a factual statement, probably inappropriate for inclusion in a contract. When starting employment, employees will often be provided with a substantial amount of documents, these may be in the form of works rules, company/employment handbooks and policies. Documents like these could if proven, have some contractual effect by way of express or implied incorporation or custom

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