When you employ someone it is a legal requirement to give them a written statement containing certain information within 2 months of them starting to work for you. Often this statement is used as an employment contract too, or it may be combined with an employment contract and form part of that contract. If you have already given the employee a contract containing all the required information, there is no need to do a written statement as well. However, there is no need to give a written statement to any person who is employed for less than one month. The written statement must contain the following information:
1. Name of employee
2. Name of employer
3. Start date
4. Whether a previous employment counts as part of a period of continuous employment
5. Job title (and/or a brief description of employment duties)
6. Place of work and any other places where the employee is required or permitted to work
7. Address of employer (if different)
8. The amount that the employee will be paid and how frequently
9. Hours of work
10. Holiday entitlement
11. What the employee should do if he/she cannot report for work due to illness or injury
12. Any sick pay provisions
13. Pension scheme particulars (if applicable)
14. Notice period for both employee and employer
15. Term of employment (permanent/fixed term/temporary) including expiry date or likely duration
16. Any collective agreements affecting the terms of employment
17. Whether the employee must work outside the UK (and any separate terms relating to this)
18. Any disciplinary rules applicable to the employment
19. Disciplinary and dismissal procedure
20. Grievance procedure
21. Contracting-out certificate (if applicable)
The above information may be given in a number of instalments, although items 1-10 above must always be given together in one instalment. All instalments must be given to the employee within 2 months (or before their departure if they are required to work outside the UK for more than one month).
These details do not have to be provided in a single document. The statement may refer the employee to other documents for full details, such as a staff hand-book, although the basic details must be given in the statement itself or in documents attached to it.
It should be noted that some terms and conditions are subject to statutory requirements such as minimum wage, statutory holiday, working hours, notice periods and disciplinary procedures. If you have queries about any of these, it is best to consult an employment lawyer.
You can create a Written Statement of Employment Particulars by visiting the Business Link website and either filling in all the necessary information on their standard document by hand or by using the inter-active tool so it is all printed for you.
