A contract of employment is a legally binding agreement between an employer and employee.

This factsheet focuses on the ‘contract of service’, which refers to an employee and employer relationship, rather than ‘contracts for services’ which apply in the case of independent contractors, for example, freelance workers. A contract of employment only arises in an employee relationship, so this factsheet focuses on employers’ obligations to employees, although some aspects apply to workers too. The factsheet provides introductory guidance on employment contracts including express and implied terms and variation, and examines the items included in the written statement of particulars.

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