A 'written statement of employment particulars' is not an employment contract. But, the contents detail the main conditions of employment where a contract lasts for one month or longer.
WRITTEN STATEMENT: An employment contract, and written particulars, are two different - but linked - items.
For instance, after attending a job interview you get offered the role. Once you accept that job you have entered into a 'contract' with that employer - even if not in writing.
There will have been many things discussed at the interview. But, not all the particulars relating to the employment.
Having started employment, your employer must give you a written notice. It will include the terms and conditions (particulars) of your employment.
You may, or may not, have discussed these terms at the job interview. But, a written statement of employment conditions set out the details of your employment. Thus, it must include some essential information. Employees must receive the statement within two (2) months of starting work.
What if you need to work abroad during the first two months or for more than a month? In this case, you should get the written statement before you leave for the overseas post or work.
A 'written statement of employment terms and conditions is a substantial document. It is one you should keep in a safe place in case you ever need to produce it.
The 'principal document' must include the name of the business, your name, and the date you started work. But, in some cases you may need to refer to the extra details if you have any workplace disputes.
A written statement may have more than one document attached. But, the 'principal document' must include:
Besides the principal statement, a written statement of employment particulars must also contain information explaining:
The written statement of employment terms and conditions does not have to include:
Note: But it must state where to find information on these topics. There is an interactive template available for a written statement of employment particulars. A written statement in Northern Ireland must explain disciplinary rules and procedures.
Where an employee must work overseas for more than one (1) month, the employer must state:
Note: This particular information can be a separate document and given to the employee.
It is not uncommon for an employer to send their employee to another country in the European Economic Area (EEA). If so, employees must get the terms and conditions that are the legal minimum in that country for:
There are several options open to an employee with a problem on receiving their written statement. Thus, they could choose to:
Note: A tribunal would decide what the written statement employment particulars should have been.
Winning a case about another issue (e.g. unfair dismissal) means the employee may get a compensation award. As a rule, this happens if there was a problem with the written statement as well.
Note: The awarded compensation would be between two (2) and four (4) weeks of pay. But, the tribunal sets a limit for awards of weekly pay.
The new requirements for Statements of Particulars of Employment (i.e. amendments to Section 1 of the Employment Rights Act 1996) take full effect from the 6th of April 2020. As a result, reforms that now fall under the Good Work Plan, mean:
Note: Beginning the 6th of April 2020, existing employees can ask for a written statement that complies with the new requirements. If so, you should provide it to them within one (1) month of the request.
Written Statement of Employment Terms and Conditions in the United Kingdom