Written statement of main terms and conditions of employment
What is a written statement?
It is a summary in writing of an employee's main particulars of employment. It is not itself a contract of employment but is evidence of the contract of employment. Employees must be provided with a written statement within 4 weeks of starting work. Even if the employment ends before 4 weeks is completed, an employee has the statutory right to ask for and be given a copy of the written terms that would have applied. Failure to provide a written statement may result in a claim being taken to the Tribunal, and compensation of up to 4 weeks awarded to the employee.
Who is entitled to a written statement?
All employees who have been in employment with the employer for at least 4 weeks and work for more than eight hours per week. Written statements help to avoid misunderstanding and disputes about terms and conditions of employment, so it is a good idea to give one to all employees whether they qualify for one or not.
It is a statutory right for an employee to be given a written statement. Employers not complying with the regulations can be reported to the Tribunal by the employee. The Tribunal has the power to decide any disputes about particulars in the written statement of employment. Even if the employment ends before 4 weeks is completed, an employee has the statutory right to ask for and be given a copy of the written terms that would have applied.
What information must the written statement include?
Please see the guide to written statements.
Where there are no particulars to be given for one of the items (for example no pension entitlement) this must be indicated.
Should all the information be contained in a single document?
It is a good idea to include all of the main particulars in one document, for ease of reference, where possible. The Employment Law 2003 does permit the written statement to refer the employee to a document that is available for him/her to read, eg a staff handbook, trade union agreement or notice on a staff notice board. Such a referral is often used by larger organisations with well-developed company rules and regulations.
When should employers notify changes to workers written statement?
In writing within 4 weeks of the change.
Where can you get more information on written statements?
For further details contact JACS.