Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Contract of employment definition

What does Contract of employment mean? A contract of employment is the agreement under which an employee personally performs work for an employer in return for pay and benefits, setting the terms that govern that relationship. In England and Wales and Scotland, it is defined by statute (Employment Rights Act 1996, s.230(2)) as a contract of service or apprenticeship, whether express or implied, oral or in writing; Northern Ireland uses equivalent wording (Employment Rights (Northern Ireland) Order 1996). In Ireland, legislation such as the Terms of Employment (Information) Act 1994 uses the same “contract of service” concept, developed alongside case law. Labels are...

Applicable law in cross-border employment: UK Rome I/II post‑Brexit—habitual place of work, closer connection, non‑derogable and overriding mandatory rules

Published by a LexisNexis Employment expert

Practice notes

This Practice Note explores how to identify the governing legal system for a Contract of employment or an employment relationship. It reflects the consequences of Brexit, the close of the Withdrawal agreement’s Implementation period at 11pm on 31 December 2020, and the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) for this field. For further details, see: Brexit impact, below.

Initial considerations

Where a dispute or claim involves an employee working wholly or partly abroad and/or engaged by a foreign employer, two preliminary questions arise:

what rights does the employee have?
in which forum should any subsequent litigation be decided?

In addressing these, three principal issues arise:

applicable law, namely which legal system governs the employment contract under review?
international jurisdiction, that is, which courts and/or tribunals should determine the case?...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Catherine Taylor

CMS Cameron McKenna Nabarro Olswang LLP

Catherine Taylor is a Partner in the CMS Employment team and Co-Head of the Litigation Arbitration Insurance & Employment Practice Group. She works on employment issues, both contentious and non-contentious and has specific expertise in complex multi-jurisdictional and High Court litigation (especially bonus and employee competition disputes), board level disputes and data protection. Catherine also guides employers through complex investigations, setting the strategy and working with other teams to ensure the best possible client outcome. Her practice is employer focused, with a particular interest in the Financial Services and Technology, Media & Communications sectors. Catherine is joint author of Employee Competition (3rd Edition, published by OUP in 2016). She plays a leading role in the firm’s women’s network, CMS Women....

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...