January 8, 2020
From the 6 April 2020, the Employment Rights (Miscellaneous Amendments) Regulations 2019 (SI 2019/731) will extend the right to a written statement of employment particulars to all workers (including employees). A contract of employment may be verbal, but all employees whether part-time or full-time, are entitled by to be given a written statement setting out the main particulars of their employment, provided their employment lasts for one month or more. This right has now been extended to workers in the same way.
It is not necessary to provide all the required information at the same time. It can be given in separate documents provided certain details are collected together in one principal statement. These are:
- the names of the employer and the employee;
- the job title or a description of the job;
- the date on which the employment began;
- if a previous job counts towards a period of continuous employment, the date on which the period started;
- the hours of work, including whether employees will have to work Sundays, nights or overtime;
- the remuneration and whether pay is weekly, monthly etc.;
- holiday entitlement; and
- the address(es) of the place or places of work and whether the employee might have to relocate.
As well as the principal statement, the following information must also be provided in writing:
- where the job is not permanent, the period for which the employment is expected to continue or, if it is for a fixed term, the date on which it is to end;
- the length of notice the employee must give or is entitled to receive;
- details of any relevant collective agreements;
- details of pensions and pension schemes;
- who to go to with a grievance;
- how to complain about how a grievance is handled; and
- how to complain about a disciplinary or dismissal decision.
The written statement need not include the following but, where it does not, it must say where the information can be found, for example in a Company Handbook:
- sick pay and procedures;
- disciplinary and dismissal procedures; and
- grievance procedures.
Employers do have an element of flexibility as to how to communicate the statement of employment particulars. If a written contract or letter of engagement provides the required information and is given to the employee within the appropriate time limits, then a separate statement of particulars is not required. Many policies can also be included within the Company Handbook. This can include policies such as sickness and absence procedures, disciplinary procedures and grievance procedures plus any supplementary policies which are of importance to the company.
Under Section 38 of the Employment Act 2002, an employee whose employer fails to provide them with a written statement of employment particulars within the set time frame could be entitled to a minimum award of two weeks’ pay or a maximum award of four weeks’ pay, depending on the circumstances. It is therefore important to protect your business and make it good practice to provide employees with a full written statement upon commencement of their employment.
Dismissing an employee for exercising or trying to exercise his or her statutory right to a written statement of employment particulars is automatically unfair dismissal with no minimum service requirement.
If you would like further advice on best business practice for taking on new employees or any issues which have arisen as a consequence of the above issues then please do not hesitate to contact Sharon Auld or Zara O’Hare at Prosperity Law LLP on 0161 667 3686 or firstname.lastname@example.org and email@example.com