What If I Don't Have a Written Contract With My Employer?

If you are working for someone, there will always be a contract between you as the employee and your employer. That does not necessarily mean that you will have that contractual arrangement reduced to writing. The simple fact that your employer has agreed to pay you, in return for you doing work for them, creates a contractual relationship. Some employers think that they have greater flexibility if they do not issue documentary contracts when in reality the opposite can be true. It is much easier for an employer to assert the terms of an employee’s employment if they are written in black and white and do not provide any room for manoeuvre. If such a document does not exist, this provides significantly wider scope for flexibility.

Under your contractual agreement, whether written or not, both you and your employer have certain rights and obligations. Your main right is that you are entitled to be paid for what you do. Your employer’s right is to give you instructions about your job, such as when and where you work, and what you do while you are at work. There are certain rights that you are entitled to by law, and which don’t have to be included in the terms of agreement between you and your employer. These include your right to the minimum wage and your rights to paid holiday leave.

Your Rights to a Written Document

All employees are entitled by law to request a written statement from their employer which provides certain information as prescribed by law. You can request this within two months of the date when you started work. You are not entitled to this statement if your job was only meant to last less than one month. You can, however, still request this document if your job finishes before the two month period expires. For example, if your job lasts six weeks you can still request the statement in the two weeks after you leave.

This statement must include a number of details. If the statement does not include one or more of the following details, your employer is breaking the law. If your employer tries to dismiss you for requesting this information, seek legal advice without delay:

• your name and your employer’s name
• the location of the job, or all locations if it is in more than one place
• the title of the job, e.g. cashier, sales manager
• the date when you commenced work
• how much you will be paid and how often, i.e. weekly wages or a monthly salary
• how much holiday you are entitled to on an annual basis, and how much your holiday pay is, if you are entitled to it
• your notice period if you want to leave the job
• details of the disciplinary, grievance and dismissal procedures
• how much sick pay you are entitled to
• whether you are able to join the occupational pension scheme, if your employer has one.

This information does not have to be given to you on a single document, and may be provided in an employee handbook that all employees can access.