ABSTRACT
This chapter considers the formation and content of the contract of employment and the sources of express terms. The basic structure of the relationship between employer and employee is governed by the contract of employment that comprises both express and implied terms. As a matter of policy, statute has intervened in order to ensure a degree of certainty with the requirement that employers must provide a statutory statement of written particulars of employment. Under section 1 of the Employment Rights Act 1996, within 2 months of starting employment all employees must be issued with a statutory statement of written particulars of employment. It is important to understand that the relevant statutory provisions do not require the employer to provide a written contract of employment – but merely a written statement that may represent the agreement between the parties.
