CP Law Associates

What If I Don't Have An Employment Contract?

What If I Don't Have An Employment Contract?

During your career, there may come a time when you need to check the exact terms of your contract for employment. It may be because you are having a dispute with your employer, or it could be to check what entitlements you have, due to being threatened by redundancy, or your employer could be trying to change your terms for example, in relation to your working conditions, the hours that you work or even your notice period. 

Most employers provide contracts, which set out the rights and obligations of employees and their employer. This contract is often referred to as the ‘terms’ of employment. 

It is however, a common misconception that all terms of employment have to be written down in a formal contract. Terms could be agreed orally, and not committed to writing, but they are still legally binding on the parties. 

Whilst employment contracts may be agreed orally we recommend having a written contract of employment. 

What is the Difference Between An Employee and a Worker?

You are an employer if:

  • you have a contract of employment
  • you are employed to do the work personally i.e. you cannot send a substitute to do your work
  • your employer is obliged to provide you with work and you are obliged to do that work in return for a salary
  • your employer is in charge of what work you do and how you should go about it


You are a worker if:

  • you have a contract to provide a service and you have to do the work yourself
  • your employer isn’t a client or customer of a business that you run

Am I Protected From Discrimination If I Do Not Have A Contract of Employment?


In both circumstances where you are classed as an employee or a worker, you will have the right not to be discriminated against and this can be either directly or indirectly, on grounds of age, disability, sexual orientation, marital status, the fact you are undergoing gender reassignment, pregnance or maternity, or race and religion or belief.

You will also be protected against victimisation because you have brought a complaint about discrimination or given evidence in a complaint brought by another employee.

Contact Us

If you want more information on your rights and protection in instances where you do not have an employment contract, then contact our employment lawyers at CP Law Associates. We will be able to explain your situation to you, in a jargon free way to give you a better and full understanding of your situation.

Contact Us

Contact us today for a free, no-obligation quote.