1. I have just started a new job, should I be given a written contract?

The law states that all employees must be given written particulars of their terms of employment within three months of starting their employment. This is not technically a contract and must include all relevant details such as name of employer, place of employment, salary and holidays. However these are very basic documents and in order to have more detailed contractual terms, the best practice is to agree the terms of a written contract to be signed, preferably, prior to the start of your employment.

To provide no documents at all could lead to action being taken by you in the employment tribunal, resulting in compensation of up to 4 weeks wages being payable.

2. If the contract is already typed can I make amendments by hand rather than have the document retyped?

Yes, when making alterations to any typed contract it is possible to write these clearly on the document. You and your employer should then initial all such alterations. Once signed a copy of the contract should be given to you.

3. The contract I have just signed does not detail all my benefits such as my company car and pension scheme, but it does refer to a staff handbook, what does this mean?

Exact and detailed information concerning contractual benefits is rarely contained in the contract itself. Frequent reference is often made to policies and/or procedures detailed elsewhere, often a staff handbook or intranet site. This provides all the information required and gives employers greater flexibility to make chances and required from time to time. To amend such policies does not generally mean a breach of contract but to remove any benefit altogether could be, but this would depend upon the facts of the case.

4. I have been working for my present employer for over 6 months, but I have nothing in writing, does this mean I don't have a contract?

Although it is a requirement that all employees have some written document setting out their agreed terms, to have nothing at all does not undermine your contractual position. Working as requested and being paid is sufficient for a contract to exist. For rights under the contract you are dependent on common law and statute, and whilst this situation does not provide you with any enhance benefits, it does not diminish your rights under the general law.

5. My contract contains a probationary period, does this mean my contract doesn't start until that period comes to an end?

The purpose of a probationary period is for both parties to get to know eachother before you receive the full benefits of your contract. The probationary period in a contract does not mean there is a delay in the start of your contract. Usually this means that during the specified period some of your rights may not be as good as they are once this period has expired. The reduced rights often relate to the giving (and receiving) of notice and sometimes the ability to join certain schemes such as healthcare and pensions. It can also include a reduced holiday entitlement.

Once the probationary period has expired, the full terms of the contract should apply.

The questions in this section give you an outline of your legal rights. They are not a complete guide to the law and are not intended to be a guide to how the law will apply to you or to any specific situation. The questions are regularly updated but the law may have changed since they were published, so information in them may be incorrect or out of date

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