How quickly must you provide Staff with a Written Statement (of their Employment Conditions)

Written StatementCurrently, an Employer is required to give an employee a Written Statement of their key terms and conditions within the first 2 months of their employment (if they are engaged for a month or more).

This is a legal requirement under the Employment Rights Act 1996 (section 1), and if an Employer does not provide this in time then an employee has an ‘automatic’ right to make an unfair dismissal claim (if they are dismissed, i.e. they do not need 2 years service to make an unfair dismissal claim).

However, these timescales are likely to change in April 2020 (see below).

This Written Statement can be provided in more than one document, and can be set out in a job offer letter or their contract of employment.

The Written Statement must contain various elements including:

  • The name and the address of the employer
  • The date their employment and continuous employment began
  • Their job title and job description
  • Their job location
  • Their pay details
  • Their working hours
  • Their holiday entitlements and rest breaks (under the Working Time Directive Legislation)
  • Their sick pay entitlement and notification time-scales
  • Details of any pension scheme which you operate
  • The notice periods they need to give to end their employment if they want to resign and the notice period you need to give you to end their employment.
  • Your disciplinary rules and procedures, appeal rules, grievance procedures and details of any collective agreements you have with Trade Unions that directly affect their conditions of employment.

However, there are now two significant developments about the timescale for giving the Written Statement:

  • In January 2019, in Miss Stefanko and others v Maritime Hotel Ltd,  there were 3 claimants who were all employed for short periods during 2016 as waiting staff for the hotel in Dorset.  On 7th July 2016 all three were dismissed when they objected to ‘persistent shortfalls in their waves, late payment and a falsification of their wage slips’.  Their claims for automatic unfair dismissal were successful as they did not receive a Section 1 Statement at any time during their employment.  However the original Employment Tribunal, only awarded compensation for automatic unfair dismissal, of 4 weeks pay, to the 2 claimants who had worked for over 2 months at the hotel.  The Tribunal found that the remaining claimant, because she had only worked 6 weeks (and not 2 months), was not entitled to compensation.  She appealed this and the Employment Appeal Tribunal agreed with her, because the ERA 1996 says that the right to a statement exists even if a person’s employment ends before the two months are up (so she received compensation).  This may of course be appealed by the hotel!
  • The Government have started (in their Good Work Plan) that from 6th April 2020 all employees plus all workers will be entitled to information about their terms and conditions of employment on Day 1 (or before) of their employment.  We’ll update this with more information as it becomes known, as it looks like there may be more information that needs to be given, than at present!

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One Comment to "How quickly must you provide Staff with a Written Statement (of their Employment Conditions)"

  1. […] receive within two months of starting the job.  Please read our new post about Written Statements here as there have been changes in 2019 and will be changes in […]

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