Written particulars of employment
Under sections 1 -4 of the Employment Rights Act 1996 every employee is entitled to receive from his employer not less than two months after starting work a written statement of the major terms of the employment and is also entitled to have the statement kept up to date as and when there are any changes in those terms. The employee is entitled to receive these particulars even where the employment terminates earlier than two months.
We advice employers and review and draft all types of employment documentation including contracts, policies, disciplinary and grievance procedures as well as compromise agreements.
All employees with more than one month's service are entitled to written particulars of employment. Whilst there are no penalties for breaching the rules it is important for any employer to comply as it will reduce the issues in any employment tribunal claim and thus avoid excessively drawn out proceedings which would be expensive.
Usually most employer will have complied with these requirements by including the provisions in an employment contract given to the employee at the commencement of work.
If an employer wishes to change the existing terms such as the working hours or job description the employee’s agreement is required. Again the changes must be confirmed in writing but no later than one month after the change.
The information required to be given by law can be summarized as follows: -
1. the names of the employer and employee,
2. the date when the employment began, and
3. the date on which the employee's period of continuous employment began (taking into account any employment with a previous employer which counts towards that period).
4. the rate of remuneration (pay) or the method of calculating remuneration,
5. the intervals at which remuneration is paid (that is, weekly, monthly or other specified intervals),
6. hours of work (including any terms and conditions relating to normal working hours),
7. entitlement to holidays, including public holidays, and holiday pay (sufficient detail must be given to enable the employee entitlement, and accrued holiday pay to be precisely calculated on termination),
8. any provisions relating to incapacity for work due to sickness or injury, including any provision for sick pay, and
9. any provisions relating to pensions and pension schemes,
10. the length of notice which the employee is obliged to give and entitled to receive to terminate his contract of employment,
11. the title of the job of the employee or a brief description of the work,
12. where the employment is not intended to be permanent, the period for which it is expected to continue or, if it is for a fixed term, the date when it is to end,
13. either the place of work or, where the employee is required or permitted to work at various places, an indication of that and of the address of the employer,
14. any collective agreements which directly affect the terms and conditions of the employment including, where the employer is not a party, the persons by whom they were made, and
15. where the employee is required to work outside the United Kingdom for a period of more than one month: -
- the period for which he is to work outside the United Kingdom,
- the currency in which remuneration is to be paid while he is working outside the United Kingdom,
- any additional remuneration payable to him, and any benefits to be provided to or in respect of him, by reason of his being required to work outside the United Kingdom, and
- any terms and conditions relating to his return to the United Kingdom.
16. Any disciplinary rules applicable to the employee or referring the employee to the provisions of a separate document specifying such rules which is reasonably accessible to the employee,
17. Any procedure relating to disciplinary decisions, or to a decision to dismiss the employee, or referring the employee to a separate document which is reasonably accessible to the employee,
18. the person to whom the employee can apply if dissatisfied with any disciplinary decision relating to him, or any decision to dismiss him, and
19. the person to whom the employee can apply for redress of any grievance and the method of such application, and
20. if there are further steps consequent on any such application, explaining those steps or referring to the provisions of a document explaining them which is reasonably accessible to the employee.
