Employee Contracts | The Written Statement

In case it all got lost in the madness of 2020, we’d like to remind all employers of the importance of up to date employment contracts. Towards the end of last year and throughout the first part of this year, we talked about the fact that from the 6th April 2020, employers must provide all workers with a written statement of employment from day one of their employment.

As the employer, you must give your employee a document outlining the main conditions of employment as soon as they start work. This is known as a ‘written statement of employment particulars’.

From the 6th April 2020, existing employees may request a written statement complying with the new requirements, which will need to be provided to them within one month. Further to this, if on or after the 6th April 2020 there is a change to the terms and conditions for a pre-existing employee, that would have had to have been included in the new-style written statement and the employee has not previously requested a new-style statement, the employer must provide the employee with a written statement of the change.

What are the consequences of not providing a written statement?

Failure to provide a section 1 statement, or providing one which is inaccurate or incomplete, could entitle an employee (and from April 2020 a worker) to bring an Employment Tribunal claim. Another consequence is compensation for the breach, this is between two and four weeks’ pay (subject to the statutory cap, currently £525 per week).

What information has to be included in the written statement of employment particulars’?

  • The names of the employer and employee or worker.
  • The date of commencement of employment.
  • Where the statement is being given to an employee (rather than a worker), the date when continuous employment began.
  • The scale or rate of remuneration or the method of its calculation.
  • The intervals at which remuneration is paid.
  • Terms relating to hours of work including any provisions relating to normal hours, with a new requirement to include:
    • Days of the week when the worker is required to work.
    • If and how working hours or days may be varied and how the variation will be determined.
  • Terms relating to holiday and accrued holiday pay including any entitlement to bank holidays and accrued holiday pay on termination of employment, in sufficient detail to enable precise calculation of the sums.
  • Terms relating to any other benefits provided.
    • This is a new requirement meaning the requirement will not be limited to sickness, pension and holiday benefits as at present.
  • Length of notice to be given by each party.
    • This information will no longer be able to be provided in instalments, but employers will still be able to refer to the law or collective agreements.
  • Job title or brief job description.
  • Expected length of temporary employment or date fixed-term contract ends.
    • This information will no longer be able to be provided in instalments.
  • Any probationary period, including conditions and its duration.
    • This is a new requirement.
  • Place of work, or if there is none this must be indicated and the address of the employer included.
  • Where the employee or worker is to work abroad for more than one month, the terms relating to working abroad, including the period of work outside the UK, the currency of remuneration while abroad, any additional remuneration and benefits and any terms relating to the employee or worker’s return.
    • This information will no longer be able to be provided in instalments.
  • Training that the worker must complete, including training for which the employer will not bear the cost.
    • This is a new requirement.

The following information that can be provided in a separate document:

  • Terms relating to sickness and injury and sick pay.
    • Employers will still be able to refer employees to another reasonably accessible document as under the current rules.
  • Terms relating to any other paid leave.
    • This is a new requirement meaning the requirement will not be limited to sick leave and pay as at present, but employers will be able to refer employees to another reasonably accessible document.

Ensuring your written statement and contracts of employment are up to date has become more important than ever. If you need help ensuring your contracts are up to date and compliant get in touch with our multi-award-winning team here!

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