Employment
Written statement of particulars
The CIPP’s policy and research teamprovide an outline of the new requirements
G ood work – The Taylor Review of Modern Working Practices (‘the Review’) (https://bit.ly/3cN5w2G) considered the challenges that individuals, who are workers, had to overcome in asserting their rights. The Review called for greater transparency to enable individuals to understand their employment conditions and rights. It also called for all workers to have a day-one right to be issued with a written statement of particulars. Contract of employment A contract of employment exists from the point when the employee accepts an offer of employment by the employer. The offer does not have to be in writing, as agreement can be verbal or implied. It is recommended that the terms of the employment are written down to avoid disagreement at a later date. However, they do not have to be included within the ‘contract’, as they may be laid out elsewhere. The terms will include: ● express terms – these will be agreed in writing ● statutory terms – to be found in employment law ● implied terms – these are often terms that are so obvious that they do not need to be written, albeit confirming in writing can clearly establish which behaviours are expected, and which are not ● incorporated terms – a staff handbook, or some other form of written agreement. Written statement of employment particulars During the Review, it was recognised that only employees who were to be employed were entitled to be provided with written statements which laid out the main details of their employment. Employers had two months, from the date the employee began work, in which to provide the written statement. Anecdotal evidence presented during the Review suggested that this obligation was often ignored by employers. The Review’s recommendation was
accepted by government. The Employment Rights Act 1996 (https://bit.ly/3cN1V4W) has now been amended to provide that “Where a worker begins employment with an employer, the employer shall give to the worker a written statement of particulars of employment”. The written statement must be provided on or before the day the person starts work. This entitlement came into effect from 6 April 2020. ACAS (Advisory, Conciliation and Arbitration Service) provides templates for use for both employees and workers (https://bit.ly/2zxCshD). The following information must be provided, in the same document, on or before the day work begins: ● the employer’s name and address ● the name of the employee or worker ● the employment start date ● where employment with the same employer is continuous for the employee: the initial start date ● job title or brief description of the job ● where the employee or worker will be required to work ● the employee’s or worker’s rate of pay and the pay date (e.g. last working day of the month) ● working days, which would include the days that must be worked, together with any variances that are allowed ● details of holiday entitlement and pay, together with clear explanations of how calculations will be made when the employee or worker leaves ● sick leave and pay entitlement, which may be included in the staff handbook in which case the details here must explain where the handbook can be found ● other paid leave entitlement, which may be located in another document, but if so its location must be made clear ● any other benefit schemes that may be non-contractual entitlements ● the notice period required from each party ● duration of the job, where it is temporary or fixed term ● length of probationary period and any
related conditions ● if the employee must work abroad, full details are needed (e.g. currency that pay will be made in, any additional benefits that may be provided, together with the length of employment and conditions relating to their return) ● details of any training that must be completed by worker or employee, which will include training for which the employer does not pay. Though the above information must be provided within the statement from day one, the employer has two months to provide further information on: ● details of disciplinary and grievance procedures ● details of any non-compulsory training that the employer will provide ● collective agreement details – if applicable ● pension scheme details. Great Britain and Northern Ireland The changes to the Employment Rights Act 1996 impact employers in England, Scotland and Wales. Northern Ireland has made as yet no changes to incorporate details into the Employment Rights (Northern Ireland) Order 1996 (NI 16) (https://bit.ly/3bE4x4S). Creating greater transparency The aim of the changes is to create greater and more timely transparency for employees and workers. As with any changes, the message needs to be cascaded and whilst both GOV.UK and ACAS have provided information on this subject, is the message getting out there? One of the impacts of the coronavirus outbreak has been to override many important messages from government, as news about the emergency measures have taken priority. Payroll professionals have a role to play in ensuring their employers, colleagues and clients are up to date with the latest guidance relating to the issue of written statement of employment particulars. n
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| Professional in Payroll, Pensions and Reward |
Issue 61 | June 2020
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