Employment Law

2. Terms and Technicalities

2.1 You must give each person you employ (full-time or part-time) a written statement of the main terms of the employment.

• A new employee must be provided with a written statement of employment particulars within two months, as must any existing employee who asks for one.

2.2 The written statement must include a number of specific details.

• Names of employer and employee.
• Date the employment started.
• Job title and description of main duties.
• Place of work.
• Pay rate and how often paid.
• Hours of work.
• Holiday entitlement (days and pay).
• Date the employment will end (unless the employment is permanent).
• Notice periods.
• Sick pay and pension arrangements.
• Grievance and disciplinary procedures.
• Details of any collective agreement which affect the employees.

2.3 The written statement can refer to other documents (eg a disciplinary manual).

• These other documents must be made available for the employee to read.

2.4 Some commonsense terms are implied.

• The employer must ensure employees' health and safety at work, have a safety policy and carry out risk assessments. You must treat employees with respect. Harassment, bad language or humiliating treatment may lead to claims for constructive dismissal and discrimination.
• Employees must obey reasonable instructions, use skill and care in their work, and act faithfully and honestly.

2.5 Put all the important terms in writing. Without a written agreement, you will lose three advantages:

• Flexibility (eg the ability to move an employee to a different job).
• Certainty (eg if anything is unclear, this could lead to disputes).
• Protection when an employee leaves (eg terms preventing former employees from revealing confidential information).