Does a Contract of Employment Have to Be in Writing?

No.

An employment contract does not necessarily have to be a single written document. Contractual terms can arise from:

• Written agreements
• Verbal agreements
• Terms incorporated from other documents
• Workplace policies
• Collective agreements
• Implied terms
• Established custom and practice

However, employees and workers are legally entitled to receive a written statement of employment particulars setting out the main terms of their working arrangements.

The written statement is not itself the whole employment contract. The legal contract can be wider and may include terms agreed verbally, implied by law or incorporated from other documents.

When Should You Receive Your Written Statement?

The main written statement, known as the principal statement, must generally be provided on or before the employee's or worker's first day of work.

Certain additional information can be provided separately and must normally be supplied within two months of starting work.

What Should the Principal Statement Include?

The principal statement should contain important information about your employment, including:

• Employer's name
• Employee's or worker's name
• Job title or description of the role
• Start date
• Continuous employment date where relevant
• Pay and how frequently it will be paid
• Normal working hours and days
• How working hours may vary
• Overtime requirements where applicable
• Holiday entitlement
• Place or places of work
• Any requirement to relocate
• Duration of a fixed-term contract
• Probationary period and conditions
• Benefits
• Compulsory training
• Details of whether compulsory training is paid for by the employer

Other information, including notice arrangements, sick pay and certain types of paid leave, must also be provided from the beginning of employment, although some information can be contained in another document that is reasonably accessible.

Information about pensions, collective agreements, non-compulsory training and disciplinary and grievance procedures can generally be provided within the wider written statement within two months.

What if You Have Not Received a Written Statement?

If your employer has failed to provide the required written particulars, it is usually sensible to raise the matter directly first.

You may wish to:

• Ask your employer for the missing statement
• Identify any inaccurate or missing terms
• Raise the issue with HR
• Submit a formal grievance if necessary
• Keep copies of relevant job offers, emails and other documents

An Employment Tribunal can, in appropriate circumstances, determine what the relevant particulars should be.

Additional compensation may also become available where the employer has failed to comply with its written-statement obligations and the employee successfully brings another qualifying Employment Tribunal claim. Acas explains that this additional compensation is not generally awarded simply as a standalone payment for the missing statement.

Can Your Employer Change Your Employment Contract?

An employer cannot normally make significant contractual changes simply because it wishes to do so.

Contract changes will usually require agreement between the employer and employee.

Possible changes might involve:

• Salary
• Working hours
• Job duties
• Place of work
• Benefits
• Bonus arrangements
• Working patterns
• Holiday entitlement
• Other important contractual terms

Agreement can be express, either verbally or in writing.

In some circumstances, an employee's conduct may also eventually suggest that they have accepted a change, particularly where they knowingly continue working under the new terms without objecting.

For this reason, employees who disagree with a contractual change should normally make their position clear.

What if the Contract Contains a Flexibility Clause?

Some employment contracts contain clauses allowing the employer to make particular changes.

These are sometimes known as:

• Flexibility clauses
• Variation clauses
• Mobility clauses

The existence of such a clause does not necessarily give the employer unlimited authority.

The wording must be sufficiently clear to cover the proposed change, and an employer should exercise contractual powers reasonably.

For example, a general flexibility clause may not necessarily allow an employer to impose a substantial salary reduction or fundamentally change an employee's role.

Whether a particular clause allows a proposed change will depend on its wording and the circumstances.

What Happens if You Refuse a Contractual Change?

If you do not agree to a proposed change, several outcomes are possible.

The employer may:

• Continue negotiating with you
• Withdraw or amend the proposal
• Maintain your existing terms
• Impose the change despite your objection
• Consider terminating the existing contract and offering employment on new terms

The last approach is sometimes referred to as dismissal and re-engagement or fire and rehire.

Dismissing an employee in order to impose new contractual terms can create significant legal risks for an employer, particularly where proper consultation and a fair process have not been followed.

Depending on the circumstances, possible claims can include:

• Breach of contract
• Unlawful deduction from wages
• Unfair dismissal
• Constructive dismissal

The appropriate claim will depend on what change was made and how the employer dealt with it.

Can You Continue Working Under Protest?

Yes, in some circumstances.

If your employer imposes a contractual change that you do not accept, you may temporarily continue working while clearly stating that you are doing so under protest.

This can help demonstrate that continuing to work does not necessarily mean you have accepted the new terms.

You should normally:

• Object clearly to the change
• Put your objection in writing
• Explain which terms you do not accept
• Continue to make your position clear
• Raise a grievance where appropriate
• Obtain advice about your options

Acas recommends that working under protest should normally be a temporary position while the employee formally challenges the change. Continuing for too long without maintaining an objection can increase the risk that the new terms will be treated as accepted.

What if a Contract Change Reduces Your Pay?

An employer should not normally reduce contractual pay without a lawful basis.

Where a pay reduction is imposed without agreement, an employee may potentially:

• Continue working under protest
• Raise a grievance
• Bring an unlawful deduction from wages claim
• Bring a breach of contract claim
• Consider constructive dismissal where the breach is sufficiently serious

Constructive dismissal should not be treated as an automatic response to a pay dispute.

Resignation is a significant step and professional advice should normally be obtained before leaving employment.

Can Changes Affect Continuity of Employment?

Continuity of employment can be important because a number of statutory employment rights depend on how long an employee has been continuously employed.

A short interruption does not necessarily mean continuity has been broken.

In certain circumstances, continuity can be preserved during periods such as:

• Temporary cessation of work
• Certain periods of sickness or injury
• Statutory family-related absence
• Temporary breaks where employment is expected to resume
• Periods where the employment contract itself remains in force
• Reinstatement or re-engagement in certain circumstances

The rules governing continuity are technical and can depend on exactly why employment stopped and how quickly the employee returned.

Where continuity affects eligibility for an important claim or payment, the dates should be checked carefully rather than assuming that a short break automatically restarted employment from zero.

Are You Automatically Entitled to Overtime Pay?

No.

There is no general legal right to receive a higher hourly rate simply because you work overtime.

Whether overtime is paid will depend on your employment terms.

An employer may offer:

• Normal hourly pay
• An enhanced overtime rate
• Time off in lieu
• No separate overtime payment where additional hours are included within salary

For example, some salaried contracts state that an employee may be required to work reasonable additional hours where necessary for the proper performance of their role.

However, the employer must still ensure that the employee's overall pay does not fall below the applicable National Minimum Wage for hours that count for minimum wage purposes.

What Other Conduct Can Amount to a Breach of Contract?

Employment contracts contain both express and implied terms.

One important implied term is the duty of mutual trust and confidence between employer and employee.

Depending on the circumstances, serious employer conduct capable of breaching contractual obligations may include:

• Failing to pay salary
• Withholding contractual benefits
• Making unauthorised deductions from pay
• Serious bullying or harassment
• Making fundamental changes to duties without agreement
• Unreasonably changing the employee's workplace
• Failing to deal properly with serious concerns
• Deliberately undermining the employment relationship
• Breaching contractual disciplinary procedures
• Failing to provide contractual notice

Not every unreasonable act amounts to a fundamental contractual breach.

The seriousness of the conduct and the terms of the particular contract will be important.

What Remedies Are Available for Breach of Contract?

If an employer breaches your employment contract, the appropriate remedy will depend on the type and seriousness of the breach.

Possible options can include:

• Raising the matter internally
• Raising a formal grievance
• Seeking payment of money contractually due
• Bringing an unlawful deduction from wages claim
• Bringing a breach of contract claim
• Resigning and considering constructive dismissal where there has been a fundamental breach
• Claiming wrongful dismissal where appropriate

A breach of contract claim can sometimes be pursued through the civil courts while employment continues.

Employment Tribunals have more limited jurisdiction over contractual claims and generally deal with qualifying breach of contract claims after employment has ended.

You should identify the correct legal route before starting proceedings.

Are You Entitled to Pay if the Workplace Temporarily Closes?

Usually, an employee who is ready and willing to work remains entitled to contractual pay where the employer temporarily cannot provide work.

This could arise because of:

• Refurbishment
• Flooding
• Fire damage
• Equipment failure
• Temporary closure
• Lack of work
• Other operational problems

However, the position may be different where:

• The contract contains a valid lay-off provision
• A relevant collective agreement applies
• The employee agrees to unpaid leave or reduced pay
• An established contractual arrangement permits temporary lay-off

If there is no lawful basis for withholding pay, non-payment may potentially amount to an unlawful deduction from wages or breach of contract.

What is Statutory Guarantee Pay?

Where an employee is lawfully laid off without work or placed on short-time working, they may qualify for statutory guarantee pay.

As at September 2026, the maximum statutory guarantee payment is £41 per day for up to five days in any three-month period, giving a maximum of £205.

If the employee normally earns less than £41 per day, their normal daily rate will apply instead.

Part-time entitlement is calculated proportionately.

Eligibility requirements also apply, including having at least one month's continuous employment and remaining reasonably available for work.

Can Your Employer Send You Home Because There is Not Enough Work?

An employer can ask an employee to stay at home or reduce their hours where there is insufficient work.

However, the employee should generally continue receiving full contractual pay unless there is a contractual or agreed basis for unpaid lay-off or short-time working.

A contractual right might arise through:

• The employment contract
• An incorporated collective agreement
• An established contractual custom and practice
• A temporary agreement with the employee

Where a valid unpaid lay-off arrangement applies, the employee may still qualify for statutory guarantee pay.

Can You Claim Redundancy After a Long Lay-Off?

Potentially.

An eligible employee may be able to claim statutory redundancy pay where they have been laid off without pay or placed on qualifying short-time working for:

• Four consecutive weeks
• Six weeks within a 13-week period

There is a specific statutory process and strict timing requirements.

For example, the employee must normally notify the employer in writing within the applicable period, and the employer may be entitled to serve a counter-notice where normal work is expected to resume.

Employees considering this route should check the process carefully before resigning or assuming redundancy has automatically occurred.

Can Your Employer Require You to Work From Home Permanently?

Whether an employer can require permanent home working will depend primarily on the employment contract and the existing working arrangement.

Where the contract clearly states that the employee is home-based, there may be little dispute.

The position can be more complicated where an employee was recruited to work at a particular office or workplace and the employer later wants to make home working permanent.

Relevant issues can include:

• The contractual place of work
• Any mobility or flexibility clause
• Previous working arrangements
• Whether the change is temporary or permanent
• The employee's personal circumstances
• The employer's business reasons
• Whether meaningful consultation took place

A mobility clause may give an employer some flexibility, but the clause should normally be exercised reasonably.

What if You Do Not Agree to Permanent Home Working?

If permanent home working would amount to a contractual change, the employer should normally consult with you and try to reach agreement.

You may wish to explain concerns such as:

• Lack of suitable space
• Caring responsibilities
• Disability-related needs
• Inadequate equipment
• Additional costs
• Isolation
• The effect on your role
• Difficulty separating work and home life

If agreement cannot be reached, you may consider:

• Continuing discussions
• Raising a formal grievance
• Working under protest where appropriate
• Obtaining advice about the contractual position

Where the employer imposes a sufficiently serious contractual change without agreement, constructive dismissal may potentially become relevant.

You should seek advice before resigning.

Could Closure of Your Workplace Lead to Redundancy?

Potentially.

If the employer permanently closes the workplace where you are employed, a redundancy situation may arise.

However, redundancy will not automatically follow where the employer can reasonably require the employee to work elsewhere under the contract.

For example, the employer may argue that:

• Home working is permitted by the contract
• A mobility clause allows relocation
• Suitable alternative employment is available

Whether redundancy exists will depend on the factual and contractual circumstances.

Can Your Employer Recover Training Costs When You Leave?

Potentially, but there should be a proper contractual or written basis for doing so.

Employers sometimes require employees to repay specified training costs where the employee leaves within a particular period after receiving employer-funded training.

A repayment agreement should ideally make clear:

• Which training costs are covered
• The actual or expected cost
• When repayment becomes due
• How long the repayment period lasts
• Whether the amount reduces over time
• Which types of termination trigger repayment

An employer will normally also need appropriate contractual or written authority before deducting the money directly from wages.

When Might a Training Repayment Clause Be Unenforceable?

A training repayment provision may be open to challenge where its purpose or effect goes significantly beyond reimbursing the employer for legitimate training expenditure.

Factors that can be relevant include:

• Whether the sum reflects genuine training costs
• Whether the repayment is disproportionate
• Whether the amount reduces as the employer receives the benefit of the training
• How long the repayment period lasts
• Why the employment ended
• Whether the employee understood and agreed to the provision before undertaking the training

For example, requiring repayment of 100% of substantial training costs several years after the training was completed may be more difficult to justify than a reasonable sliding-scale arrangement.

Each clause needs to be considered on its own wording and circumstances.

What is the Difference Between an Employee, Worker and a Self-Employed Person?

Employment status is extremely important because it determines which statutory employment rights apply.

The three main categories are:

• Employee
• Worker
• Self-employed

The label used in a contract does not necessarily decide the legal position.

For example, describing someone as a "consultant" or "self-employed contractor" does not automatically make them self-employed if the reality of the relationship indicates that they are an employee or worker.

Employment Tribunals will consider how the relationship actually operates.

What Factors Are Relevant to Employment Status?

Relevant factors can include:

• How regularly you are required to work
• Whether work is consistently offered
• Whether you are expected to accept work
• How much control the organisation has over your work
• Who decides when and where you work
• Whether you must perform the work personally
• Whether you have a genuine right to provide a substitute
• Who provides tools and equipment
• Whether you invoice for your services
• Whether you are paid through payroll
• Whether you can work for other clients
• Whether you bear financial risk
• Whether you receive holiday pay
• Whether you are integrated into the organisation
• Whether disciplinary and grievance procedures apply to you

No single factor necessarily decides employment status.

The Tribunal will generally examine the relationship as a whole.

Is Employment Status for Tax the Same as Employment Status for Employment Rights?

No.

Tax status and employment-law status are related concepts but they are not identical.

A person may be regarded as self-employed for one purpose but still have worker or employee rights depending on the legal test that applies.

Acas specifically notes that being treated as self-employed for tax purposes does not automatically mean that the individual is self-employed for employment-rights purposes.

What is the National Minimum Wage?

Most workers are entitled to receive at least the statutory minimum hourly rate applicable to their age and circumstances.

From 1 April 2026, the rates are:

• Age 21 and over – £12.71 per hour
• Age 18 to 20 – £10.85 per hour
• Age 16 to 17 – £8.00 per hour
• Apprentice rate – £8.00 per hour

The apprentice rate applies only where the worker meets the applicable apprenticeship conditions.

The Fair Work Agency became operational on 7 April 2026 and now has an enforcement role across labour-market legislation within its remit, including National Minimum Wage compliance.

What Happens After Four Years on Successive Fixed-Term Contracts?

An employee who has been continuously employed on successive fixed-term contracts for four years or more will generally become a permanent employee unless the continued use of a fixed-term arrangement can be objectively justified.

There can also be exceptions where a relevant collective agreement lawfully changes the position.

Fixed-term employees also have protection against less favourable treatment compared with appropriate permanent employees.

What Happens if a Job Offer is Withdrawn?

Your legal rights will depend on whether a binding contract had already been created.

Important questions include:

• Was the offer accepted?
• Was the offer conditional or unconditional?
• Had all conditions been satisfied?
• What terms had been agreed?
• What notice provisions applied?
• Why was the offer withdrawn?

A job offer can be made and accepted verbally as well as in writing, although a written offer is much easier to prove.

What if the Offer is Withdrawn Before You Accept It?

If you have not yet accepted the offer, there will generally not be a binding employment contract.

The employer can normally withdraw the offer before acceptance, provided its decision does not breach another area of law, such as discrimination legislation.

For this reason, it can be sensible to obtain and accept a clear offer and satisfy important conditions before resigning from an existing job.

What if an Unconditional Offer is Withdrawn After You Accept It?

Acceptance of an unconditional offer can create a legally binding contract even before you start work.

If the employer then withdraws the position without complying with the contractual terms, this may amount to breach of contract.

The employer may need to terminate the contract in accordance with any applicable notice provisions.

Possible damages will depend on the contract and losses that are legally recoverable. In many cases, notice-related losses will be particularly relevant.

What if You Accepted a Conditional Offer?

Conditional offers commonly depend on requirements such as:

• Satisfactory references
• Right-to-work checks
• Criminal record checks where relevant
• Professional registration
• Qualifications
• Other pre-employment checks

If the conditions have not been satisfied, the employer may normally be entitled to withdraw the offer in accordance with its terms.

However, where all conditions have been satisfied and the employer subsequently withdraws the offer, a binding contractual relationship may already exist and a breach of contract claim could potentially arise.

What if a Job Offer is Withdrawn for a Discriminatory Reason?

A prospective employer must comply with discrimination law during recruitment.

An employer should not withdraw an offer because of a protected characteristic such as:

• Age
• Disability
• Gender reassignment
• Marriage or civil partnership
• Pregnancy or maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

A discrimination claim does not depend on the applicant already having started employment.

Does Travel Time Count as Working Time?

Sometimes.

For workers with a fixed workplace, ordinary travel between home and the normal place of work will generally not count as working time.

However, travel undertaken as part of the job can count.

Examples can include:

• Travel between customers
• Travel between work sites
• Business travel during the working day

For workers who do not have a fixed or habitual workplace, travel from home to the first customer and from the final customer back home can also count as working time for the purposes of the Working Time Regulations.

Does Working Time Automatically Mean You Must Be Paid for Every Minute of Travel?

Not necessarily.

The rules determining working time and those governing whether particular travel must be paid for National Minimum Wage purposes are not identical.

For minimum wage purposes, ordinary travel between a person's home and the place where an assignment is carried out will not necessarily count as payable working time, even though certain travel can count towards working-time limits.

By contrast, travel undertaken for work between assignments or clients can generally count for minimum wage purposes.

The distinction is important for mobile workers and employees who regularly travel between customers.

When Should You Seek Advice About an Employment Contract?

Contractual disputes can become complicated quickly, particularly where an employer proposes significant changes or employment is about to end.

Advice may be particularly useful where:

• Your salary has been reduced without agreement
• Your duties have significantly changed
• Your employer is changing your workplace
• You are being asked to accept a new contract
• You are working under protest
• Your employer has stopped providing work
• Training fees are being deducted from your pay
• Your employment status is disputed
• A job offer has been withdrawn after acceptance
• You are considering constructive dismissal
• Your employer is withholding contractual payments

Checking your contractual position early can help you understand your options before taking steps that may be difficult to reverse.