Written Statement of Employment Particulars
A contract of employment exists as soon as an employee starts work and, by doing so, proves that they accept the terms and conditions offered by the employer. Both employer and employee are bound by the terms. Often the contract is verbally agreed and not written down. Most employees are however entitled by law to be given a written statement setting out the main particulars of their employment. This statement will not necessarily cover every aspect of the contract, but can provide important evidence of the main terms and conditions.
All employees whose employment began on or after 30th November 1993 and who have been employed for at least one month. Employees starting prior to this date must request one, once requested they become entitled.
Independent contractors, freelance workers and self-employed people are not employees and are therefore not entitled to a statement.
What has to be in the statement
The statement must contain the details of the following items. If the section does not apply or there is no provision covering it, then that must be stated i.e. if there is no pension scheme then it would be stated as 'no pension scheme'.
- the names of the employer and the employee
- the date when the employment and any period of continuous employment began
- remuneration and the intervals at which it is to be paid
- hours of work
- holiday entitlement
- entitlement to sick leave, including any entitlement to sick pay
- pensions and pension schemes
- notice of termination on both sides
- job title or a brief job description
- duration or ending date of non permanent or a fixed term employment
- place(s) of work and of the employer's address
- details of collective agreements which affect the terms and conditions and by whom they were made
- disciplinary and grievance procedure details
- whether or not a pensions contracting-out certificate is in force for the employment
Employment outside of the UK for over one month by the same employer :
- the period for which the employment abroad is to last
- the currency in which the employee is to be paid
- any additional pay or benefits
- terms relating to the employee's return to the UK
Unless otherwise indicated, all particulars must be set out in the statement itself and not be given by reference to: a collective agreement; a handbook; or any other document which does not form part of the written statement. Lengthy or complicated particulars may be given on a continuation sheet or via an attached booklet or other annex - provided it is clear that this is integral to the statement, or the relevant instalment of it, and forms part of the same document.
The statement may run to many pages and can be issued in sections, as long as it is issued in full within the time limit.
