ABSTRACT

In the interests of transparency, the Contracts of Employment Act 1963 required employers to give each employee a written statement setting out certain particulars of the employee’s terms of service. This Act, subsequently amended and contained in the Employment Rights Act 1996, preceded an EEC Directive on this issue and, rather unusually, the adoption of European legislation required little change in domestic law. The Directive required Member States to ensure that all employees received information ‘of the essential aspects of the contract or employment relationship’. The express terms of a written contract will normally be conclusive in the event of a dispute. The date when employment begins can be important in establishing whether an employee has the minimum length of continuous service required for entitlement to various employment protection rights.