Making the Employment Deal: Introduction

An employment contract can be formed by no more than a handshake - some evidence of an offer and acceptance; consideration; serious intent to make a legally binding commitment; and agreement between both parties on the key terms, is all that is required.

Whilst, certain terms are expressly required by law and others are legally implied, business prudence demands that a comprehensive agreement be developed for the purposes of certainty, mutual reassurance and avoiding disagreement at a later date.

In addition, other documents or agreements, such as company rules (or staff handbook) and collective agreements, have to be taken into account when forming the employment contract and consideration may need to be given as to whether, and how, they should be incorporated into the employment contract with the individual employee.