Statement of terms and conditions of employment

All employees are entitled to a written statement of their main terms and conditions of employment within two months of starting work.

 

Note in this context employee is a legal term and not all people in work are employees - check the information on 'employment status' if you are not sure whether you are an employee.

 

The minimum contents of a written statement are set out in section 1 of the Employment Rights Act 1996 and so it is often referred to as a ‘section 1 statement’.

 

An employee is entitled to this statement even if their employment finishes before the two-month period comes to an end, where their employment was expected to last for more than one month and they actually worked for at least one month.

 

An employee who wants a written statement can request one verbally or in writing. It is advisable to make the request in writing, as this will show proof that it was made, and when.

 

The statement must give a summary of the main contractual provisions. It is important to remember that the written statement is not ‘the contract’ itself, but merely evidence of what the contract is.

 

The information which must be given in the written statement includes the following:-

 

  • the names of the employer and employee
  • the date employment commenced and the date a period of continuous employment commenced if relevant.
  • remuneration - how much and when.
  • normal working hours and any overtime or other mandatory conditions relating to hours of work.
  • terms and conditions relating to holidays and holiday pay.
  • the employee’s job title
  • the place (or places) where work is to be done, and any terms relating to mobility or transfer.
  • collective agreements affecting an employee’s terms and conditions.
  • disciplinary and grievance rules and procedures and where these can be found or inspected.
  • the name of the person to whom grievances or appeals against disciplinary decisions can be directed.
  • appellate arrangements for grievances and disciplinary decisions.
  • terms relating to illness or injury absence plus any arrangements for sick pay.
  • terms and conditions relating to pensions and pension schemes.
  • length of notice of termination to be given by both the employer and employee

 

If an employee is refused a statement of terms and conditions of employment then a claim can be made to an Employment Tribunal obliging the employer to provide one.

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Zero increases by 26%

The Office for National Statistics has released new figures that show nearly 700,000 people work on zero hours contracts - up 26% from last year.  The problems caused by these contracts will require a significant change in the law.

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