A Basic Guide to Employment Contracts
Section 1 of the Employment Rights Act 1996 states that an employer must provide an employee with a written statement of their employment terms within two months of commencing employment. This should include the following minimum details:
- the names of the employer and employee,
- the date when the employment began,
- the date on which the employee’s period of continuous employment began (taking into account any employment with a previous employer which counts towards that period),
- the scale or rate of remuneration or the method of calculating it,
- the intervals at which remuneration is paid (e.g. weekly, monthly or other specified intervals),
- any terms and conditions relating to hours of work (including in relation to normal working hours),
- terms and conditions relating to holidays, including public holidays and holiday pay (being sufficient to allow the employee’s entitlement, including any entitlement to accrued holiday pay on the termination of employment, to be precisely calculated),
- any terms and conditions relating to incapacity for work due to sickness or injury, including any provision for sick pay,
- any terms and conditions relating to pensions and pension schemes,
- the length of notice the employee is obliged to give and entitled to receive to terminate the contract of employment,
- the job title or a brief description of the work for which the employee is employed,
- for temporary employment, the time it is expected to continue or, for a fixed term contract, the date it is due to end,
- details of the place where the employee is required to work or, where the employee is required or permitted to work at various places, an indication of that and of the address of the employer,
- information about whether there are any collective agreements which directly affect the terms and conditions of employment including, where the employer is not a party, the persons by whom they were made,
- information about whether the employee is required to work outside the UK for a period of more than one month, and if so:-
- the period for which the employee is to work outside the UK,
- the currency in which remuneration is to be paid while the employee is working outside the UK,
- any additional remuneration payable to the employee, and any benefits to be provided to or in respect of the employee; by reason of the employee being required to work outside the UK,
- any terms and conditions relating to the employee’s return to the UK.
- The Section 1 Statement must also include a note giving certain information:-
- specifying any disciplinary rules or referring to a document specifying such rules which is reasonably accessible.
- specifying any procedure applicable to the taking of disciplinary decisions, or dismissal, or referring to a document specifying such procedures which is reasonably accessible.
- specifying the following:-
- a person to whom the employee can contact if they are dissatisfied with any disciplinary or dismissal decisions; and
- a person to whom the employee can contact for seeking redress of any grievance relating to their employment
and how such application should be made.
- where there are further steps to be taken in any such application, explaining those steps or referring to a document which is reasonably accessible.
This blog has been prepared as general guidance and should not be relied upon without obtaining specific legal advice. If you require further assistance please contact Audrey Spencer in our Poole branch at firstname.lastname@example.org or on 01202 725400.