In a number of recent employment tribunal decisions, the employers were ordered to pay the claimant compensation for failing to provide a written statement of particulars of employment. In this legal blog, we therefore look at the requirement for employers to provide a written particulars of employment.
There is no requirement in employment law for employment contracts to be in writing. They can be simply oral agreements. But the Employment Rights Act 1996, does set out a requirement to provide some key details of the employment terms in a written particulars of employment.
The requirement is that, when “…an employee begins employment with an employer, the employer shall give to the employee a written statement of particulars of employment”. This information must be provided within two months of the employment starting. Most employers incorporate the required information into a written contract of employment.
Amongst other things, the statement must contain the following information:
• the job title or job description;
• the names of the employer and employee;
• the employment start date and the date on which the employee’s period of continuous employment began;
• details of wages and when they will be paid;
• the hours of work;
• holiday and sick pay entitlement;
• details of pensions and pension schemes;
• the notice period requirement;
• where the place of work will be;
• the wage and when it will be paid;
• The hours of work;
• Holiday entitlement;
• Entitlement to sick pay; and
• Pensions and pension schemes
Where the employee’s job role changes or there are changes to the particulars of employment, employers must provide a statement of changes to the particulars.
An employer who didn’t provide an employee with a statement of particulars leaves itself open to the risk of a claim from the employee. Such claim, however, can only arise as subsidiary part of a main employment rights claim, such as a claim for unfair dismissal.
Theoretically, an employee could make an employment tribunal claim for a determination of the particulars of employment, but practically it is likely to be better for an employee to raise a grievance about it. Employees are protected from dismissal for asserting statutory rights, as that would be automatic unfair dismissal.
This article was written by Ashok Kanani, principal and a specialist employment solicitor at Remedy Solicitors. See our home page for more information on our services.