Can my staff work without a contract of employment?

By DRN Solicitors

10 Dec 2021

Employment law, with its constantly changing rules and regulations, is one of the trickiest areas of law to stay on top of. However, making a mistake in this area can lead to unexpected and costly disputes from employees, so it’s important to do your research and check in with your solicitor on what is required of you as a business owner before you make any decisions relating to your employees, or any other aspect of your business.  

In an effort to help with making things a little bit clearer, we’ve put together this short blog post for those looking for answers regarding employment contracts for both temporary and permanent employees. 

Can an employee start work without a contract? 

Yes, although it is not advisable to welcome a new member of staff on board without first having an employment contract in place for them. 

Whilst it is not a legal requirement for an employee to have a written contract of employment, not doing so could not only cause confusion between you and your employee, but it could leave you vulnerable to potential claims or disputes later down the line. 

It is best practice to have a thorough contract of employment drafted before an employee’s start date, so that you can both know what is expected of each of you from the first day of employment. 

Is it illegal for someone to work without a contract of employment? 

No, it is not illegal for someone to work without a contract of employment in place, whether they are a temporary or a permanent member of staff. However, it may leave both the employee and the employer at risk of entering into a dispute if the terms of the employment are not outlined at an early stage. 

How to write an employment contract 

Drafting contracts of employment can be difficult, especially if you’re just starting up your business and have little experience in hiring or managing people. 

Whilst some contracts will have different terms and benefits depending on the industry, employer, and the level of the role (i.e. entry-level, associate, executive, etc.), most contracts of employment will feature the following details; 

The name of the employee and the employer  The employee’s start date  The employee’s job title and a description of the role  Details regarding the rate of pay/annual salary  The address for the normal place of work (if remote/hybrid working is permitted, this should be outlined)  The method via which the employee will be paid (i.e. monthly via BACS transfer)  Terms relating to expected working hours An outline of the employee’s holiday entitlement  Details relating to public holidays and holiday pay  Information on the company’s policy for sick pay, sickness leave and bereavement leave  Information on the company’s maternity/paternity leave policy  Any details relating to pension schemes The duration of notice required by the company terminate the contract of employment, or vice versa  If beginning with a probationary period, the date on which this will be complete  An outline of the disciplinary procedure  Any benefits that are relevant to the role 

Help with writing a contract of employment 

At DRN, our expert team of employment law solicitors are on hand to complete, review and advise on your employment contracts to ensure they’re detailed, thorough, and that they cover all of the key aspects they need to. 

Our comprehensive range of services is offered on a fixed-fee or retainer basis for all of our business clients, providing you with on-demand support as and when you need it. By signing up for a retainer package with DRN, for a fixed monthly fee, our team of employment law experts will provide you with unlimited, on-demand support and legal advice that you can trust. Get in touch with our team to find out more! 

Latest news

1

Chiptech announces major innovation initiative at high-profile reception with the New Zealand Prime Minister in London. The Rt Hon Jonathan Reynolds, the Rt Hon Christopher Luxon and the Rt Hon Steve Reed (L-R Front Row) David Hammond, and Daniel Knowles

Chiptech announces major innovation initiative at high-profile reception with the New Zealand Prime Minister in London.

30 Apr 2025

2

Northstone secures full planning permission for 50 new homes in Edenfield Edenfield housing development

Northstone secures full planning permission for 50 new homes in Edenfield

29 Apr 2025

3

Ring Stones Maintenance and Construction celebrates completion of Dovestone Gardens Dovestone Gardens launch

Ring Stones Maintenance and Construction celebrates completion of Dovestone Gardens

29 Apr 2025

4

PHX Training welcomes new business leader to drive learner success Louise Kirby

PHX Training welcomes new business leader to drive learner success

29 Apr 2025

5

Lidl to invest half a billion pounds in its expansion as it eyes sites in Lancashire Lidl

Lidl to invest half a billion pounds in its expansion as it eyes sites in Lancashire

29 Apr 2025

Pc Prestonmacan Gif980x120 March
Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV122 May/June Launch Event
121 Lancashire Business View Magazine Launch
Networking
21 May 2025

LBV122 May/June Launch Event

Lancaster and Morecambe College, Lancaster, LA1 2TY

08:30 - 10:30

Sub36 Networking
Networking
11 Jun 2025

Sub36 Networking

British Jewellery School, Scorton, PR3 1BA

15:00 - 17:00

Lancashire Net Zero Carbon Conference
Net Zero Carbon Social 1200px 2
Networking
18 Jun 2025

Lancashire Net Zero Carbon Conference

Crow Wood Hotel & Spa Resort, Burnley, BB12 0RT

08:30 - 13:00

Lancashire Built Environment Conference 2025
BEC 315 X 315 Px
Networking
25 Sep 2025

Lancashire Built Environment Conference 2025

Blackpool Football Club, Blackpool, FY1 6HX

08:30 - 13:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

RISE - The Academy for Female Leaders and Managers
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
02 Apr 2025 - 08 Oct 2025

RISE - The Academy for Female Leaders and Managers

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:00 - 15:30

Planning for the future + navigating Inheritance Tax changes
Planning for the future + navigating Inheritance Tax changes for website.png.png
LBV Hub Seminars
01 May 2025 - 01 May 2025

Planning for the future + navigating Inheritance Tax changes

Stanley House Hotel, Mellor, Blackburn, BB2 7NP, Blackburn, BB2 7NP

08:00 - 10:30

A night at the races
1.png.png
LBV Hub Dinners / Balls
02 May 2025 - 02 May 2025

A night at the races

Morecambe FC, Morecambe, LA4 4TB

19:00 - 23:59

Advantage: AI – A Workshop for Business Leaders – May 2
EV-land-2025-05B.png.png
LBV Hub Seminars
02 May 2025 - 02 May 2025

Advantage: AI – A Workshop for Business Leaders – May 2

Door4 Office, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:00

Innovating business solutions through PhD Partnerships
30478 Skills Bootcamp open day setting.jpg.jpg
LBV Hub Networking
07 May 2025 - 07 May 2025

Innovating business solutions through PhD Partnerships

University of Central Lancashire, Preston , PR1 2HE

14:30 - 15:30

Celebrating 50 years of KTP
UCLanAerialCampus.jpg.jpg
LBV Hub Networking
07 May 2025 - 07 May 2025

Celebrating 50 years of KTP

University of Central Lancashire , Preston, PR1 2HE

16:00 - 18:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more Lbv121 Online Graphic
Subscribe now

Weekly news bulletin