Are you liable for an employee’s Facebook post?
Emma Edis | 20.08.2019
Do you have any questions about your employment contract? Are you entering into a new contract? Have you been asked to change your terms of employment?
It’s important you know where you can find your terms of employment and that you’re aware there are two types of employment terms: express and implied.
The first place to look for your terms of employment would be your employment contract. Your contract of employment establishes the respective rights, responsibilities and duties of your employer and you. Before signing an employment contract, you should be certain you understand the meaning and consequences of each term. You may be able to negotiate the terms of your employment before signing a contract; however, once you have signed the contract you are bound by the terms.
Although many people assume an employment contract will contain all of the terms of employment, this is not necessarily the case. Not everyone has a written employment contract; some have an oral contract, which make the terms harder to prove. However, it’s important to know that regardless of your position or the number of hours you work each week, if you are not given a written contract, you are entitled to a written statement of your main employment terms. You should receive this within two months of starting work.
Express terms are terms that have been specifically written or orally agreed between you and your employer.
Implied terms are not written, but are implied into most contracts of employment. Implied terms may be implied by common law or statute.
Such terms may be implied through the custom and practice of an organisation where, over a period of time, the meaning has clearly been agreed or is well-known and longstanding, thus becoming part of the contract.
Our specialist employment solicitors have a vast amount of experience in dealing with implied terms. This varies from business to business and is very circumstantial. It is especially important that you understand all the terms of your employment.
Our team will take the time to work through the contract with you step by step, to ensure you understand each term. We can help you by ensuring the contract does not seek to limit any of your legal rights, to put you in the best position possible when you enter into the contract.
employment | 28.06.2019