Issuing and amending Terms and Conditions of Employment

Issuing and amending Terms and Conditions of Employment

Once an offer of employment has been made and accepted a binding contract is formed, regardless of whether or not the terms of the offer have been put in writing.  

However, it is both recommended best practice and a legal requirement to confirm the terms and conditions of employment in writing.  

Further to changes made in April 2020, this statement must be provided no later than the first day of employment (some information can still be provided in instalments) though typically an employer will - in any event - provide details of terms and conditions ahead of the employee starting work, to ensure that they have had the opportunity to read and understand the information contained within it. 

How the required information, plus any other additional contractual terms and conditions which the employer wishes to include, is presented to the employee is not prescribed.

In practice, it is often detailed between a mixture of  the conditionally offer letter and a subsequent more detailed document often referred to either as the written statement of particulars of employment or contract of employment but they are essentially the same thing. 

Workers who are not deemed to be employees (e.g. casuals) are also entitled to receive  a written terms and conditions following the changes made in April 2020. 

What's in this topic area

In this topic area you’ll find some Guidance and Resources on contractual matters across the following sub topics

• Contracts 
• Conditional offer letters
• Changing terms and conditions of employment 
• Other contractual letters & documents 

If you require guidance or support in issuing or amendment any terms and conditions of employment, please do not hesitate to contact us.