What if I Don't Have a Written Contract with My Employer?

You Still Have a Contract, Even Without Paperwork

If you work for someone and they pay you for it, a contract exists between you. This is true whether or not anything has been written down. The contract forms when both parties agree on the essential terms, such as work to be done and payment to be received, and intend to be legally bound by that agreement.

It is a common misconception that without a signed document, no contract exists. A verbal agreement is just as binding in law as a written one, though proving what was agreed can be considerably harder if a dispute arises later. This is why keeping records of any communications, such as emails or notes from meetings, matters.

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What a Contract of Employment Actually Covers

Your contract sets out the terms of your working relationship. Some terms will have been discussed openly, such as your pay, hours and job title. Others may be implied by custom, by law, or by what both sides clearly intended even if it was never said aloud.

Under any employment contract, written or otherwise, both you and your employer have basic rights and duties:

• You are entitled to be paid for the work you do
• Your employer can give reasonable instructions about when, where and how you carry out your job
• Both sides are expected to act in good faith and with mutual trust

Certain rights apply to you automatically under UK employment law, regardless of what your contract says. These include protection from unfair dismissal after a qualifying period, the right to a minimum wage, paid holiday, rest breaks, statutory sick pay and maternity rights. You do not need these written into your agreement to claim them.

It is worth noting that these statutory protections apply to employees rather than independent contractors. The distinction between employees, workers and self-employed individuals affects which rights you are entitled to.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Why Some Employers Avoid Written Contracts

Some employers believe that not putting things in writing gives them more freedom to change arrangements as they wish. In practice, this can backfire.

Disputes can become more difficult to resolve without clear written terms. If there is a disagreement over notice periods, working hours or duties, it often comes down to one person's word against another's. A written contract removes much of this uncertainty by setting things out plainly from the start.

For you as an employee, the lack of a written document can actually provide some flexibility. If your employer tries to enforce a term that was never discussed or agreed, you may have grounds to challenge it.

Your Right to a Written Statement

Although a verbal contract is legally valid, UK law requires employers to provide employees with a written statement of employment particulars. Since April 2020, the main particulars must be given on or before your first day of work, with certain additional details provided within two months. The statement should include details such as pay, hours, holiday entitlement and job description.

This statement is not the contract itself, but it is strong evidence of what was agreed. If your employer has not provided one, you can ask for it. If they still refuse, you may be able to raise a complaint through Acas or an employment tribunal.

If you are unsure about your rights or want to check what you are entitled to, GOV.UK has guidance on employment contracts and written statements. Acas also offers free advice on workplace matters and can help if you need to resolve a dispute with your employer.

While working without a written contract does not strip you of your legal protections, enforcing your rights can become more complex without documentation. Your statutory rights still apply, and your employer cannot sidestep them simply by avoiding paperwork.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Contract Red Flag Checker lets you describe a contract you are about to sign and get a plain English summary of the clauses that could hurt you. Takes about 2 minutes. Try it now →