We last wrote on this topic back in July 2018 when we published our ”Top Tips: Employment Contracts and Policies”
Six years on and with so much change in the pipeline, we thought it was worth revisiting this important topic as a reminder of what you must do as an employer in terms of this fundamental requirement for your staff.
The Law
1. Written Statement of Employment Particulars
An employer must give employees and workers a document stating the main conditions of employment when they start work. This is known as a ‘written statement of employment particulars’. It is not an employment contract.
The written statement is made up of:
- the main document (known as a ‘principal statement’)
- a wider written statement
The employer must provide the principal statement on the first day of employment and the wider written statement within 2 months of the start of employment.
Employers must tell employees or workers about any changes to the written statement. They must do this within one month of making the change.
The Principal Statement
The principal statement must include at least:
- the employer’s name
- the employee’s or worker’s name, job title or a description of work and start date
- how much and how often an employee or worker will get paid
- hours and days of work and if and how they may vary (also if employees or workers will have to work on Sundays, during the ‘night period’ or work overtime)
- holiday entitlement (and if that includes public holidays)
- where an employee or worker will be working and whether they might have to relocate
- if an employee or worker works in different places, where these will be and what the employer’s address is
- how long a job is expected to last (and what the end date is if it’s a fixed-term contract)
- how long any probation period is and what its conditions are
- any other benefits (for example, childcare vouchers and lunch)
- obligatory training, whether or not this is paid for by the employer
For employees, it must also include the date that a previous job started if it counts towards a period of continuous employment.
Working abroad:
If an employee or worker has to work outside the UK for more than a month, the principal statement must also include:
- how long they’ll be abroad
- what currency they’ll be paid in
- what additional pay or benefits they’ll get
- terms relating to their return to the UK
Other information the employer must give on day one:
On the first day of employment the employer must also provide the employee or worker with information about:
- sick pay and procedures
- other paid leave (for example, maternity leave and paternity leave)
- notice periods
The employer can choose whether to include this information in the principal statement or provide it in a separate document. If you provide it in a separate document, this must be something that the employee or worker has reasonable access to, such as on your intranet.
The wider Written Statement
Employers must give employees and workers a wider written statement within 2 months of the start of employment. This must include information about:
- pensions and pension schemes
- collective agreements
- any other right to non-compulsory training provided by the employer
- disciplinary and grievance procedures
The Reality
For many employers, it is much easier to provide employees and workers with a single document containing everything legally required in the Written Statement of Employment Particulars and the Principal Statement PLUS any other contractual provisions relevant to the individual and their role.
Unless there are specific reasons you don’t want to do this, it’s administratively easier and more efficient and also provides absolute clarity to your new joiner from the outset.
Title: “Employment Contracts in 2024: Essential Updates for Employers”
Need help ensuring your employment contracts are up-to-date and compliant? Don’t navigate these complex waters alone.
At Petaurum HR, we’re here to guide you through the latest employment contract requirements. Our HR Assure packages offer tailored solutions to keep your business compliant and your employees informed.
Visit our HR Assure page to learn more about how we can support you in creating robust, legally compliant employment contracts.
Let’s work together to protect your business and empower your team.