A contract of employment exists as soon
as an employee accepts an offer of work
and by doing so proves that he or she
accepts the terms and conditions offered
by the employer. Sometimes the contract
is agreed orally and not written down.
By law, employees who are employed to
work for over one month are entitled to
a written statement of the terms and
particulars of their contract of
employment within two months of starting
work. The provisions relating to an
employee's right to receive a written
statement of employment particulars are
contained in sub section 1.7 of the
Employment Rights Act 1996.
The written statement must contain:
- the names of the employer
and employee;
- the employment start date
and any details relating to
continuous employment;
- pay details and payment
intervals;
- hours of work;
- holiday entitlement and
holiday pay;
- the place of work or the
employer's address if the
employee is required to work at
a number of locations;
- job title or a brief job
description.
The employer must provide the
following within the two-month
period, either with the
principal statement or in
further instalments:
- sick leave and sick pay
entitlement;
- pension scheme details;
- notice of termination
details;
- details of the
boundaries of temporary or
fixed-term employment;
- details of relevant
collective agreements.
The statement must also
give details of the
employer's disciplinary and
grievance procedures,
regarding the rules, the
person to whom an appeal has
to be made, the form the
appeal needs to take and any
further steps which follow
the appeal.
If the employee is
required to work abroad, the
statement must include
details about time to be
spent abroad, currency
details, additional benefits
and the terms relating to
the return to the UK.
Some of the required
particulars may be given by
reference to other
documents, namely:
- sick leave and pay
entitlements;
- pension schemes
details;
- disciplinary rules;
- further steps in the
disciplinary or
grievance procedure;
- terms determined by
collective agreement.
The statement must be
given within two months
of the date when the
employee commenced work
with the employer.
Employees are
entitled to receive
written notification of
any changes in the
particulars contained in
that statement. This
notification can be a
photocopied notice but
must be given to each of
the employees
individually. It must
also be given within one
month of when the change
occurs and must contain
explicit particulars of
the change. However,
this does not entitle an
employer to change terms
without the consent of
the employee.
Contractual disputes
can either be resolved
via an industrial
tribunal, if they arise
on termination of the
employee's employment,
or in the civil courts
if they arise during the
course of employment and
cannot be resolved using
the normal grievance
procedure.
Failure to provide a
written statement of
employment particulars
may be resolved by an
industrial tribunal, and
the application can be
made whilst the person
is still in employment.
There are no financial
penalties for not giving
the statement at the
required time.
