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Employment: Rulings and Current Legislation

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Employment: Rulings and Current Legislation Contents Page Contract of Employment 3 – 4 Key Elements 3 Termination 4 Unfair Dismissal 5 Employment Discrimination 6 – 7 Definition & Application to the Workplace 6 Direct and Indirect 7 Contract of Employment Key Elements A contract of employment is a contract between an employer and an employee. It is similar to any other contract as there is still an aspect of an offer and an acceptance (usually an employer offering employment to the employee, who shall accept). It can be formed verbally, but should be set out in writing as evidence. This can include an advert, any communications (emails, letters) or a formal contract. However, under section 1 of the Employment Rights Act (1996), the employee must receive a written formality of employment, detailing any terms and conditions, within two months of starting their new job (even if there was no formal contract before accepting the job). The formality of employment will include implied terms, as well as express terms. Implied terms are terms that have not been specifically decided, however will be defaulted by law or contract. They do not have to be approved to be in effect. Express terms are terms that have been agreed on, and may include some/all of the following: • Name and address of employer and employee; • Job title, role and duties/responsibilities; • Employment start date, and period of contract (if applicable); • Rate

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