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HR Tip: Issuing contracts of employment to employee with no contract on record

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These questions are being answered by Learn HR, a market leader in the provision of HR and payroll training and nationally-recognised professional qualifications.


Question: "An employee who has been with us for several years is now demanding his contract of employment. We almost certainly issued one when he joined us but we have no record. How do we stand?"

HR Tip: Probably in dispute unless you take action to resolve the issue. Draft out the employee’s contract of employment as you understand it then discuss it with him to ensure that there is no disagreement. If there is disagreement, do your best to resolve it. Do not let it continue. Remember that, if he has been doing something – an additional duty, going home early – for a significant length of time and management either knew about it or reasonably could be expected to know about it, custom and practice has become established and therefore is likely to be part of his contract.

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