Written particulars of employment set out the basics of the employment contract. They need to be given to employees within 1 month of joining, and are specified s.1 Employment Rights Act 1996.
If this does not happen, an Employment Tribunal can award between 2 and 4 weeks’ capped pay. In addition employers can be compelled to provide the particulars by the Tribunal. In these cases, Employment Tribunals can step in and say what the written particulars are and, as the Tribunal’s take on the matter may disadvantage employers, employers should always take the initiative and provide their own written particulars.
While it is possible to simply give employees their basic written particulars, it is usually a good idea to at least give them a junior employment contract, which will provide the employer with far more protection.
These are the particulars specified in the Employment Rights Act, and which need to be provided to employees within 1 month of their starting:
- The date of the commencement of employment.
- The date of commencement of continuous employment (i.e. taking into account any continuous employment with associated employers: with a common ownership).
- Where employment is temporary, the end date.
- Salary payment intervals (e.g. weekly, monthly etc.)
- Notice required to be given by both parties.
- Job title or brief job description.
- Place of work (or, if there are various places of work, the address of the employer).
- Any collective agreements directly affecting the employment (these will have been concluded with a trade union).
- Hours of work (where agreed).
- Terms relating to holidays and holiday pay.
- Terms relating to sickness and sick pay.
- Terms relating to pension schemes.
- Disciplinary and grievance policies and procedures, including rights to appeal.
Work outside the UK where this will last for more than a month needs to be dealt with as well:
- Period of work outside the UK.
- Currency for pay.
- Any additional payments or benefits being provided.
- Terms and conditions relating to the work outside the UK.
We would recommend that all these items be included in one document i.e. a letter or contract, whilst the disciplinary and grievance procedures can be located elsewhere, but should be referred to in the contract. Strictly speaking not all elements need to be included in one document, but this level of detail is outside the scope of this guide.
Any changes must be notified to the employee within 1 month.
Springhouse Employment Law Solicitors can provide you with all your employment documents, expertly drafted, for a fixed fee. Contact us now to see how we can help, or find out more.
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