If you fail to provide such a statement, the employee may (at present) refer the matter to an Employment Tribunal to decide what terms and conditions they are working under.
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You don't 'give' an employee a contract — a contract will exist, whether you like it or not, as soon as someone accepts your job offer.
You are, however (with one exception, set out in 9) legally required to give every employee a written statement covering specified terms and conditions, within two months of the employment beginning.
Yes, this is available in the Contractual Relationships Toolkit under Employment Rights Summary, and if you are still unsure please consult your HR Team Contact.
Your department could risk litigation by failing to offer appropriate terms and conditions of employment should an individual be engaged inappropriately on a Registration Agreement for Casual Work.
Employment status should be determined by the department using guidance and advice provided by Human Resources, taking into account a number of different criteria reflecting current legislative requirements.
For further information see the Contractual Relationships Toolkit.
Employers and employees may be tempted to sidestep the legal requirements arising from the end of the employment relationship by opting not for dismissal with immediate effect or termination by mutual agreement, but instead for dismissal with notice, immediately followed by a settlement agreement.
At first glance, this approach appears to have advantages for both sides.
Should litigation occur, and if the individual is found to be an employee, the University would be obliged to offer them a full contract of employment backdated appropriately.
Employment Courts will look behind any labels provided within an agreement, and will look at the reality of the situation.
View further information about our Helpline service, including our new Helpline Online on the Acas Helpline page.