Whilst the statement is not the full contract of employment, it does create contractual terms.Ĭommon errors include offering a bonus within the statement which employers find themselves having to pay even when they cannot afford to. More commonly errors in statements of particulars cause problems within the organisation and employment relationship. However, compensation will only be awarded where the employee has successfully bought another employment tribunal claim (e.g. Getting it wrongĪn employment tribunal can award compensation of two or four weeks pay (at the current limit for a weeks pay) where a statement has not been issued in line with the legislation. These documents should reflect the reality of the role the individual is in and the requirements you have of them. The terms of employment must work for your business. ![]() Getting the statement of particulars and any other contractual document right is key. The employment relationship won't get off to a good start if your new employee suddenly finds a requirement of them they were not aware off. It is very difficult to insert or change contractual terms once an individual has started working with you. You may find new recruits are unwilling to accept offers or submit notice to current employers without written terms of employment. It is best practice to provide the terms of that contractual relationship at the point of offer. The written statement can also be used to detail contractual requirements of the individual and is the ideal place to include any contractual offering you are making.Īt the point you offer employment to an individual you are entering into a contractual relationship, this includes a verbal job offer made by a recruiting Manager. The written statement of particulars is a minimum legal requirement. Training provided by the employer, required by the employer or required by the employer which they will not bear the cost of.Which specific days and times workers are required to work.All remuneration (not just pay) both in cash and kind.Duration and conditions of any probationary period.Details of other types of paid leave - e.g.The requirement to issue a statement will extend to workers and employees and the one month qualifying period will no longer apply.įrom the 6th April 2020, the list of information required in the statement will be extended to additionally include: You will no longer have eight weeks in which to issue the statement, the statement must be issued by the end of day one of employment. On 6th April 2020 a number of changes are coming into force regarding the statement of particulars. There are additional requirements if an employee is required to work abroad for longer than one month. The following information can be available elsewhere but the written statement must tell the employee where the information can be found: How to complain about a disciplinary or dismissal decision.How to complain about the way a grievance is handled.How long the job is expected to last if it is temporary or the end date for a fixed term contract. ![]() In addition the following information must be provided but can be provided in a separate document (for example an Employee Handbook): If the employee is working in different places, where these will be and what the employer’s address is.Hours of work (and if work is required Sunday’s or nights).How much and how often the employee will be paid.A statement covering whether any previous job counts towards the period of continuous employment.This can be provided over more than one document, however the principle statement must include at least: There are a number of pieces of information that must be provided to employees. What exactly is a written statement of particulars? Obligatory training (whether or not paid for by the employer)ĭetails of the following must also be provided to the employee on their first day of employment.As an employer, you must currently provide an employee with a written statement of employment particulars if their employment lasts a month or more. The written statement must be provided within 8 weeks of employment starting.Ī written statement of particulars is not an employment contract (which is a wider concept and may be verbal) but does include the main conditions of employment. Length and conditions of any probation period Location of work (and details of any other locations where work may need to be carried out)Įxpected length of any temporary contract - and the end date of a fixed-term contract ![]() Holiday entitlement and how this is calculated Hours of work (together with any irregular hours) The principal statement must at least include the following:Įmployment start date (and, if a previous job counts towards a period of continuous employment, the date the period started)
0 Comments
Leave a Reply. |