Statements of employment particulars: what is this and when must it be provided?February 21, 2019
Employees are entitled to certain terms and conditions of employment even when they are employed for less than two months. Laura Ramos, Trainee Solicitor, explains what employers need to do and by when to ensure they are legally compliant.
Statement of employment particulars
Many employers wrongly believe that they only need to provide certain terms and conditions of employment if an employee has been employed for at least two months. However, the Employment Appeal Tribunal recently confirmed that employers are required to provide their employees with certain terms and conditions of employment, also known as a statement of employment particulars, even in cases where they were employed for less than 2 months.
In the recent case of Stefanko and others v Maritime Hotel Limited, the Claimant had only been employed for 6 weeks and the employer, Maritime Hotel Limited, failed to provide them with a statement of employment particulars within two months of starting work. The Employment Appeal Tribunal held that the Claimant should have been provided with one no later than two months after starting work, regardless that their employment had ended before the two months were up.
What is a statement of employment particulars?
A statement of employment particulars sets out in writing certain terms and other pieces of required information. This information can be given in separate documents provided the information is contained in one single document, known as a principal statement. The principal statement must include information such as the name of the employer and employee, date of employment, job location, pay and working hours.
The statement does not need to cover information related to sick pay, disciplinary and dismissal procedures, however it must indicate where the information can be found (for example in the staff handbook).
Is the statement of employment particulars considered a contract?
A statement of employment particulars is not necessarily a contract of employment but if there is no separate written contract it will be persuasive evidence of the terms agreed between the employer and employee. We advise employers to provide a written contract of employment to each member of staff in order to avoid any confusion arising in the future.
When are employers required to provide one?
Employers must provide employees with a written statement of certain particulars if their employment lasts for one month or longer and the statement must be provided within 2 months of joining.
Currently, if an employee´s employment contract ends within one month, the employer does not need to give a statement of employment particulars. However, from 06 April 2020, every new employee will have to be provided with one before the job begins.
What happens if employers fail to provide one?
In cases where the employer fails to provide a statement of employment particulars or provides an incomplete or inaccurate one, the employee can bring a claim against the employer in the Employment Tribunal. The Employment Tribunal may decide what those particulars of employment should have been. The employee may also be awarded between two and four weeks’ pay if they have also successfully brought another claim against the employer (this does not apply to all claims).
How can we help?
We can draft and review your written statement of employment particulars, employment contracts, handbooks and policies to make sure they are compliant with the current legislation. For further information please get in touch with the team.