General Obligation

All new employees whose employment continues for one month or more are entitled to receive a written statement of Particulars of Employment specifying the matters listed below. The employer must provide the statement not later than two months after the employee starts work.

Form of Statement

An employer can choose to provide the particulars either all at once or in instalments over the two month period. Whichever method is used, certain details must be provided in a single document known as the “principal statement”.

The Principal Statement

Details to be provided in the principal statement are:
(a) the names of the employer and employee;
(b) the date when employment began;
(c) the date on which the employee’s period of continuous employment began (taking into account any employment with a previous employer which counts);
(d) the scale or rate of pay, or the way pay is worked out;
(e) the pay intervals (hourly, weekly, monthly, etc);
(f) terms and conditions relating to hours of work (including normal working hours);
(g) terms and conditions relating to holiday entitlement including public holidays and holiday pay(enough information must be given to enable entitlement to be calculated precisely, including any entitlement to accrued holiday pay on termination);
(h) job title or a brief job description;
(i) place of work, or; if the employee is required or permitted to work at various places, an indication of that fact and the employer’s address.

Further Information

The employer must also provide the following within the two month period (either in further instalments or with the principal statement):

(a) any terms and conditions relating to sickness/injury, including sick pay;
(b) details relating to pensions and pension schemes, including whether or not employment is contracted-out of the State pension scheme (this requirement does not apply where the employee’s pension rights derive from a statutory scheme under which the employer is already required to provide such information);
(c) length of notice to be given by both employer and employee;
(d) if the contract is “temporary”, an indication of the expected duration or if it is for a fixed term, the date when it is to end;
(e) particulars of any collective agreements which directly affect the terms and conditions of the employment including, where the employer is not a party, the persons by whom they were made;
(f) where the employee is required to work outside the UK for a period of more than one month
(i) details of the length of the posting;
(ii) the currency in which payment will be made;
(iii) details of any additional benefits arising from the posting;
(iv) any terms and conditions relating to the employee’s return to the UK. (If the employee is to begin work outside the UK within two months of starting, all the particulars must be given before the employee leaves).

A breach of this statutory requirement may result in a Tribunal award of between 2 and 4 weeks’ pay.

Discipline and Grievance

The statement should specify the procedures that apply when an employee is disciplined, dismissed or raises a grievance. The actual procedures may be set out in a staff handbook and the written statement should make reference to the fact that these can be found in the handbook.

For more details on the disciplinary and grievance procedures click here.

Policies and Procedures

The written statement of terms will cover all the above areas but is unlikely to cover policies and procedures relating to, for instance, health & safety, maternity and paternity, sickness absence and holiday arrangements etc. These, along with policies on equal opportunities, harassment etc. are normally referred to in a Staff Handbook.

Contractual Terms

Name of the employer – important if there are different companies within the Group.

Name of employee

  • Ensure employee’s identity has been verified
  • Work permits obtained if relevant
  • Workers Registration Scheme requirements complied with if applicable date when employment began

Date when period of continuous employment began.

Job title and any specific job duties set out.

Place of work with a mobility clause.

Pay

  • Scale or rate of pay or the way pay is worked out
  • When payment is made and how
  • Time of pay review
  • Commission – details of commission scheme must be specified
  • Bonus – any criteria which will be relevant

Other contractual benefits.

  • Car/car allowance
  • Health Cover
  • Insurances/death in service

Working hours

  • Hours and days of work with lunch and other breaks specified
  • Inclusion/exclusion of Working Time Regulations working limit
  • Any flexible working arrangements

Sickness

  • Procedure for reporting sickness
  • Completion of self-certification form on return
  • Requirement to produce medical certificate(s)
  • Payment of Statutory Sick Pay (SSP)
  • Payment of any company sick pay
  • Rate of pay
  • Period of payment

Holiday entitlement

  • Holiday entitlement plus/including public holidays
  • Procedure for agreeing holidays
  • Can any unused holiday entitlement be carried forward to next holiday year?
  • How holiday entitlement is calculated during first year and final year of employment

Company’s retirement age (if relevant)

Pension arrangements

  • Stakeholder pension
  • Occupational pension

Duty of confidentiality

  • Define any specific matters which are confidential
  • Duty continues after termination Duty to safeguard and return company property

Maternity rights, paternity leave, adoption rights, parental leave and family emergencies procedures (usually contained in a staff handbook, see above)

Intellectual Property Obligations

  • Copyright
  • Designs
  • Moral rights release/waiver

Termination Provisions

  • Notice of termination – by employer/ by employee
  • Right to pay salary in lieu of notice
  • Obligation to return company property
  • Garden Leave provisions
  • Any post-termination restraints

Post-Termination Restraints

  • Non-solicitation of clients/customers
  • Non-solicitation of employees
  • Non-compete provisions
  • Not to use employer’s name

Policies

  • internet/email policy – company’s policy regarding routine monitoring Grievance procedure

Disciplinary and dismissal procedures

  • Right to suspend
  • Disciplinary meetings
  • Right of appeal
  • Gross misconduct procedure

Health & Safety stipulations

  • Fire Drill
  • First Aid Officer
  • Accident book procedure

Contact us now to find out how our lawyers can help keep your business ahead of the curve.

Get in touch








Please leave this field empty.