A written statement of employment particulars is an aspect of HR that must be fulfilled within the first moments of hiring new members of staff.
Employees are legally entitled to receive this, and as of the 6th April 2020, this now must be given to all new employees on day one.
The statement sets out the main employment terms and this is known as the principal statement.
What needs to be included?
This may only include the terms an employer has a duty to include which are:
- Employee’s and employer’s name
- Job title or a brief job description
- Date when employment began
- Pay rate and when an employee will be paid
- Hours of work
- Holiday entitlement
- Where an employee will be working
- Sick pay arrangements
- Notice periods
- Information about disciplinary and grievance procedures
- Any collective agreements that affect employment terms or conditions
- Pensions and pension schemes
- If they are not a permanent employee, how long employment is expected to continue, or if they are a fixed term worker, the date their employment will end
What is the difference between this and a contract?
A statement of written particulars of employment is a minimum statement concerning the employee’s employment. It sets out issues related to pay and conditions, place of work, basic discipline and grievance, job title etc.
An employment contract is more detailed document that will define in more detail the terms of the employment relationship for both the employee and employer.
One of the key differences from an employment law perspective is a Statement of Particulars doesn’t need to be signed by the employee.
The statement simply records the employer’s views of the terms that the employee has been hired on and therefore could be challenged in an employment tribunal.
An employment contract is generally issued before employment commences. It forms a written agreement of the nature of the offer and acceptance.
It is used to demonstrate that both parties were in agreement on the terms of employment corroborated by both parties’ signatures.
Who does this affect?
This is for both employees AND workers and is one of the changes brought in on 6th April. This brings its own challenges for the employer. They must now clearly identify who are workers in order for them to issue statements straightaway.
This has particular significance for new joiners as they must be provided a statement on day one.
Existing employees can request a statement now, following the 6th April changes, and any time up to three months after the end of their employment. This must be provided within a month of the initial request.
Don’t forget! The term ‘existing employees’ refers to those whose employment started between 30th November 1993 and 6th April 2020.
What should I be doing as an employer?
- First thing we would recommend is to carry out contract reviews.
- Make sure full details of job offers are established from the outset
- Ensure clear communication between departments during the hiring process, where applicable
- Review all employee/worker statuses
- Prepare contracts to reflect these changes
- Ensure you are ready if an existing employee asks for a statement
See more at gov.uk
Need extra help?
HR Assure provides you with the documentation needed to fulfil this new change in employment law.
Not only that but you will receive industry-standard employment policy documents, employment contracts, handbooks, and more.
We also include free* access to our Benefits Cloud employee benefits platform. Normally £2 per month, per employee, you can now make wages go further and improve employee well-being for free.
Find out more: petaurumhr.co.uk/local/hrassure/
Give us a ring – either Adam or Mark – we are here at the end of the phone to help. Contact details here
*Free access to the Benefits Cloud Standard Package is provided to those businesses with 5 or fewer employees. Other low-cost versions are also available for larger businesses. To assist larger businesses during the Covid-19 crisis, up to 4-months free access is available between April and July 2020.