09/09/2019
EMPLOYMENT SNIPPET
THE RIGHT TO BE GIVEN EMPLOYMENT PARTICULARS
Section 1 (2) of the ERA 1996 states that the main terms between the employee and employer must be recorded in writing and given to the employee within two months of starting employment.
The document might be an employment contract, or a shorter “written statement of particulars”. Signing the statement creates an enforceable contract between you and your employer. The statement may also tell you your statutory employment rights.
If you are engaged for a month or more, you must be given the statement automatically, within two months of starting work.
INFORMATION REQUIRED ON THE STATEMENT
The following information must be contained in the written statement:
The names of the employers and the employee;
The date when employment began (and if different, the start of the period of continuous employment);
Wages or salary and the intervals at which they are paid;
Hours of work;
Holiday entitlement;
Entitlement to sick leave and pay;
Pension arrangements;
Entitlement to notice periods – employer and employee – for termination of employment;
Job title or brief description of job;
Where not permanent, the period for which employment is expected to continue or, if a fixed-term contract, the end date;
Place of work, or indication of this and employer's address if an employee is required or allowed to work at more than one location; and
The existence of any collective agreements that directly affect the employee's terms and conditions.
YOUR REMEDY IF YOU HAVE NOT BEEN GIVEN PARTICULARS
If you think that you have not been given a written statement of particulars, you may refer the matter to an employment tribunal.
It is unlawful for your employer to dismiss you if you try to enforce your entitlement to to written particulars. If you are dismissed for this reason you may make a complaint of unfair dismissal to an employment tribunal, regardless of your length of service.
