OFFERS AND CONTRACTS OF EMPLOYMENT
Although there is a statutory requirement to issue a statement of the main terms and conditions of employment, more often called a Contract of Employment, the process of forming the contract begins at the offer stage. Employers must remember that a failure to issue a statement of main terms and conditions of employment, within two calendar months of employment commencing, can result in an employee making a claim to a Tribunal. The Tribunal may award a sum of between two and four weeks pay which is subject to the statutory cap (currently £330) where the employee is able to bring another successful claim.
Before a contract is legally binding it needs to contain four elements:
An offer
An acceptance
Consideration i.e. the mutual obligations of each party towards the other
An intention to create a legally binding contract
In circumstances where an employee is offered, and has accepted a job, employers may have a liability if they withdraw the job offer prior to the commencement of the employment.
Offers of employment and acceptances can also be verbal although it is obviously advisable that all such communications are confirmed in writing.
Employers may be bound by verbal commitments, or written commitments, given at interviews or offer stage and great care should therefore be taken in relation to the communications given to employees, or prospective employees, at this stage.
It is possible to combine an offer of employment with the provisions of the statutory statement but many employers simply confirm the salary, job title and start date at offer stage and forward the detailed terms and conditions within the provisions of the statutory statement of terms and conditions at a later date.
It is important that any offer of employment should be subject to receipt of satisfactory references.
In certain areas there is a pre-requisite for the prospective employee to meet certain qualifying requirements. In the security sector most employees who work as front line security guards are required to possess a licence issued by the Secuity Industry Authority. In the care field or where people are working with children there is a requirement for the prospective employee to have a criminal records bureau check as well as either a POVA (Protection of Vulnerable Adults) or POCA (Protection of Children Act) prior to any unsupervised employment.
In these circumstances any offer of employment should be subject to receipt of the required check.
For information on pre employment checks and Criminal Records checks please click here.
Caution: This statement gives basic information on offers of employment. Please contact the Advice Line for specific advice. Contact Us
You need to be logged in to access these documents | Policies and Procedures |
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| Form | Document | Word | PDF |
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| D224 | Contract of Employment (Statement of Main Terms & Conditions) |  |  |
You need to be logged in to access these documents | Letters & Forms |
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| Form | Document | Word | PDF |
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| D107 | Offer of Employment | | | | D108 | Confirmation of Start Date | | | | D109 | Promotion Letter | | | | D110 | Details for Personnel File | | |
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