When employees commence employment, employers are obliged, by law, to provide them with a written statement of particulars of employment. Read on to find out more.
Whilst terms of a contract can be express or implied, there is a mandatory requirement for employers to provide written employment particulars within a certain timeframe.
Section 1 – Employment Rights Act 1996
For all employees starting work on or after 6 April 2020, the statement must be provided to all employees regardless of the intended length of employment and it must be provided before the beginning of employment. This must include:
- The names of the employer and employee.
- The date when employment began.
Thereafter, no later than two months after the beginning of the employee’s employment, additional particulars must also be given.
The particulars which must be provided are set out in Section 1 to 3 of the Employment Rights Act 1996. Below, I have listed each of these mandatory particulars.
Start Date of Employment
It may seem obvious but the date of commencement of employment is the date on which the employees starts work. It is important to record the correct commencement date as it determines the employee’s continuity of employment and is used when calculating various statutory rights, including unfair dismissal and statutory redundancy payments. Sometimes previous employment counts towards continuity of employment (for example, where the employee’s employment is transferred as part of a business transfer). In that case the date of commencement of the previous employment must be stated.
Job Title and Reporting Line
A statement of the employee’s job title or a brief job description is required.
Place of Work
It is important to specify the employee’s normal place of work. It is also a requirement to state whether the employee is required to work outside the UK.
Pay
The contract of employment does need to include the employees remuneration.
Benefits
It must be detailed what, if any, benefits are offered to the employee other than sick pay, pension, holiday pay and other leave which needs to be set out elsewhere in the contract of employment.
Hours of Work
The employee must be given details relating to their hours and days of work and it must state if they are variable or not and, if so, how that variation will be determined.
Training
It must be listed in the contract of employment any training that is compulsory for the employee and whether it is to be paid for by the Company or the employee themselves.
Holidays
The annual leave needs to be included. Each employee is entitled to 5.6 weeks per year.
Incapacity
The procedures for incapacity, sickness absence and payment for these periods need to be detailed.
Other paid leave
The most common type of leave that may fall to be included, if applicable, are all types of paid statutory family leave, time off for trade union activities, bereavement or other compassionate leave, paid sabbaticals or career breaks, and paid time off for jury service. Any enhanced statutory pay should also be included.
Termination and Notice Period
The statutory minimum notice period required to be given by an employer to an employee is:
- One week, for employees who have been continuously employed for at least one months, but for less than two years.
- One week for each additional year of service, for employees who have been continuously employed for two years or more, but for less than 12 years.
- 12 weeks for employees who have been continuously employed for 12 years or more.
Employees are only required by law to give at least one week’s notice after being continuously employment for one month, unless otherwise stated.
Disciplinary and grievance procedures
Details of disciplinary rules and procedures for dealing with employees’ grievances must be included.
Pensions
All employers are required to automatically enrol certain eligible workers, known as ‘jobholders’ into a pension scheme and to pay a minimum level of contributions to the scheme.
Data Protection
Under the General Data Protection Regulation (EU) 2016/679 (GDPR) employers have to provide employees with information about how their data would be processed in a privacy notice which set out the lawful basis on which they intended to process the employee’s data.
Collective Agreement
Employers must give employees particulars of any collective agreements which affect the terms of employees’ employment.
Failure to provide a Written Particulars of Employment (Employment Contract)
There is not a claim which can be pursued on its own. However, a failure to provide a contract of employment can create a ‘piggy back’ claim for an employee who is already pursuing a claim in the Employment Tribunal. This claim is dealt with under section 38 of the Employment Act for failing to provide a statement of particulars. The Act provides for an award of 2-4 weeks pay if the statement of particulars required by section 1 of the Employment Rights Act 1996 had not been provided when proceedings commenced.
How Can Lincs Law Help You?
If you are an employer and are concerned you do not have mandatory documents in place, please get in touch. Simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
Lucy Stones
Associate Employment Solicitor
Lincs Law
Tags: Contract of Employment employment issues no written employment contract section 1 employment rights act 1996 what needs to be included in an employment contract written statement of employment particulars
