Contract Of Employment

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A contract of service or apprenticeship, whether express or implied and, if express, whether oral or in writing. Whether or not an individual is working under a contract of employment will determine whether they are entitled to certain statutory rights, such as statutory redundancy payments and statutory maternity pay and the right not to be unfairly dismissed. This can be contrasted with a contract for services, where the relationship between the parties is not that of employer and employee. [para] For a contract of employment to arise there must at least exist an obligation to personally perform the work, mutuality of obligations between employer and employee, and a sufficient element of control over the employee’s work (Ready-Mixed Concrete (South East) Limited v the Minister of Pensions and National Insurance [1968] 2 QB 497). For more information on this, see Practice note, Employment status (2): how to identify an employment contract.

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