Employment is now strongly regulated. Employers need to provide detailed statements of “Written particulars of employment” otherwise known as “Contracts of Employment”.
While it may seem onerous to provide these, there are immense benefits if it ever comes to a dispute. Even more so if there is an Employment Tribunal claim. Furthermore, employees should have (from April 2020) written details on the day they start work.
Include the following in writing:
- names of employer and employee (and for practical purposes their addresses)
- date when employment began
- date when continuous employment began (which can be different if the employee transferred from another employer)
- where the employment is temporary, how long it is likely to last, or the termination date for a fixed-term contract
- probationary period, if applicable.
- scale or rate of remuneration or method of calculation
- intervals at which remuneration is paid
- any training provided
- detail of other benefits provided (from April 2020)
- terms and conditions relating to hours of work (from April 2020 some specific details are required)
- holidays (including accruing holiday pay)
- any other paid leave (from April 2020)
- job title
- place of work.
- terms relating to injury, sickness and sick pay
- pensions and pension schemes
- period of notice each party must give to terminate the contract
- collective agreements which directly affect terms and conditions
- disciplinary rules and steps in the disciplinary and grievance procedures, specifying the people with whom, and how, an employee can raise a grievance or appeal if dissatisfied with a disciplinary decision.
- certain additional details are also required for employees sent to work outside the UK for more than one month.
It is wise for employers to also include other optional details (to their benefit), such as Garden Leave, Confidentiality, restraint on work for others, or damages for leaving without notice, etc.
Malcolm Martin FCIPD
Author Human Resource Practice