How do I protect my business when it comes to employees without a written contract?

The only way to protect your business is to issue a written contract of employment.

Otherwise employment law and case law will apply and they are firmly on the side of the employee.

For example, there is sometimes a mistaken belief that just because employees have worked in a certain way for a significant period of time (without a written contract), there is an implied term entitling them to work that way.  While terms can become implied over time, it is not that easy for them to do so.

To protect your business, you need to issue a written contract, because if there is an express term that says differently to the way staff have been working, the express term wins.

For example, if for the last two years they have worked for 25 hours a week, but their contract expressly says they work 30 hours, then they are obliged to work 30 hours a week unless you the employer have specifically agreed to change their hours.


If you want any help with employment contracts, notice periods, and any employment or HR issues, Gap HR are here to help.

Give us a call on 01491 598 600 or drop us a line at and we can discuss.

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    If you are an employee and feel that you have been treated badly, then we strongly advise you to contact ACAS:

    Call the ACAS Helpline on 0300 123 1100 for free support and advice.

    Simply get in touch and they'll provide you with clear and confidential guidance about any kind of dispute or query that you have about relationship issues within the workplace.

    You may want to know about employment rights and rules, best practice or you may need advice about a dispute.

    Whatever it is, just give ACAS a call, their team are on hand to respond within the hours: Monday-Friday, 8am-8pm and Saturday, 9am-1pm.

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