Even though a contract of employment may be verbal, an employer is still required by law to provide all employees who have worked for him for a period of one month or more with a written statement setting out the main terms of his/her employment. The written statement must be provided to the employee not later than 2 months after the start of his/her employment or if the employee is required to work abroad for more than one month, before he leaves the UK.

The employment particulars may be given in instalments within the first 2 months although it is best practice to provide these to the employee together.
The principal terms that must be provided are:

• The name of the employer and employee;
• The date on which his/her employment began;
• The date his/her continuous employment began;
• The hours of work;
• Pay, how this is calculated and whether pay is weekly, monthly etc;
• Job title or job description;
• The place or places of work;

The following must also be provided:

• If the job is not permanent, the expected period of employment or, if it is for a fixed term the date on which it will end;
• Where copies of the employers disciplinary and grievance procedures can be located;
• Details of any collective agreements;
• Sick leave/pay entitlement;
• Details of any pension scheme;
• Length of notice the employer and employee are required to give on termination.

If an employee is required to work outside the UK for more than one month the statement must also provide details of the period they are expected to work outside the UK, the currency in which they will be paid; whether they are entitled to any additional pay or benefits and any terms that are relevant to their return to the UK.

Where an Employer fails to provide a written statement or the written statement does not detail all of the required employment particulars and cannot provide an exceptional good reason for this failure an employee may be entitled to between 2-4 weeks pay in compensation. The right to compensation only arises if the employee successfully brings a substantive claim against the Employer.

The written statement particularises the basic terms of employment and does not always adequately address the employer’s needs. Contact Enoch Evans Employment Team, we can assess whether a written statement is sufficient for your business needs or whether you would be better suited to issuing a contract of employment to your employees incorporating the above mentioned terms.

Click here to view details of our Employment department.

<< Back to Newsdesk