While, technically, a contract exists between you and your employee from the point an offer of employment is accepted (either verbally or in writing), there's still a legal requirement to provide all employees whose contracts last for one month or more with a written statement of terms and conditions of employment. This must be issued within two months of their commencement of employment.
While you can send a written statement of employment as a separate document to your new employee, our experts at Wilkes strongly recommend that you include it as part of the employment contract.
In fact, you'll find written statement wording within the Farillio employment contract template.
A written statement of employment particulars must include:
- The names of the employer and employee (the parties)
- The date of commencement of employment
- The date when continuous employment began
- The scale or rate of remuneration, or the method of calculation
- The intervals at which remuneration is paid
- Terms relating to hours of work, including any provisions relating to normal hours if any
- Holiday and accrued holiday pay including any entitlement to bank holidays and accrued holiday pay on termination of employment
- Job title, or brief job description
- Place of work, or if there is none, this must be indicated and the address of the employer included
While ideally all elements would be included in one written document, some particulars do not need to be included in the principal statement and can be delivered in stages.
- Terms relating to sickness and injury terms if any (can signpost to a separate resource)
- Any pension terms
- Length of notice to be given by each party
- Expected length of temporary employment (includes fixed-term and time-limited contracts)
- Details of any relevant collective agreements (terms and conditions that are agreed and set up with the collaboration of trade unions)
- Where the employee is to work abroad for more than one month, the terms relating to working abroad, including the period of work outside the UK, currency of remuneration, any additional benefits, and any terms relating to their return
- Who to contact to raise a grievance
- How to complain about how a grievance is handled
- How to complain about a disciplinary or dismissal decision
The written statement doesn't need to cover the following (but it must say where the information can be found):
- Sick pay and procedures
- Disciplinary and dismissal procedures
- Grievance procedures
While the above content covers the mandatory elements, there are other sections that it would be wise to consider including, which may offer protection during and after the employment relationship has ended. These include restrictive covenants (see our guide to these here) covering issues such as: garden leave, non-competition, non-solicitation, data protection, and outside business interests.
To give you some flexibility over employment arrangements, it's sensible to use an express right in the statement to vary a specific term or to make general changes to terms.
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