NB The Statement of Particulars may be included in a contract but not all matters in a Statement of Particulars need to be contractual.
S1 ERA currently provides that some particulars (terms of employment) must be in a single document (the principal statement) and others can be in a supplementary document and/or another reasonably accessible document.
From April 2020, most particulars will have to be included in a single document by day one of employment. There are a few exceptions (explained below) which may be given in instalments up to two months after the beginning of employment.
Particulars that must currently be given in a single document (the principal statement)
The following information is required to be given in the principal statement:
- The names of the employer and employee
- The date the employment starts and the date the employee’s period of continuous employment began
- Pay (or method of calculating it) and interval of payment
- Hours of work, including normal working hours
- Holiday entitlement and holiday pay
- The employee’s job title or a brief description of the work
- Place of work
- A person to whom the employee can appeal if they are dissatisfied with any disciplinary decision relating to them or any decision to dismiss them.
- A person to whom the employee can apply for the purpose of seeking redress of any grievance relating to the employment and the manner in which any such application should be made.
From 6 April 2020, these additional particulars must also be provided to all workers in the principal statement:
- The days of the week the worker is required to work and whether working hours or days may be variable, with details of how they may vary.
- Any other paid leave (e.g. maternity)
- Any other benefits provided by the employer. The section provides for particulars of ‘any other benefits provided by the employer that do not fall within another paragraph of this subsection’
- Any probationary period, ‘including any conditions and its duration’.
- Training (letters reflect amendments to S1)
- (l) any training entitlement provided by the employer,
- (m) any part of that training entitlement which the employer requires the worker to complete, and
- (n) any other training which the employer requires the worker to complete and which the employer will not bear the cost of. (NB details of (l) can be provided in a reasonably accessible document referred to in the principal statement).
Also from 6 April 2020, the following particulars that may currently be provided in a supplementary statement or a reasonably accessible document must be given in the principal statement:
- Terms as to length of temporary or fixed-term work.
- Terms related to work outside the UK for a period of more than one month.
- The notice periods for termination by either side
- Terms and conditions relating to incapacity for work due to sickness or injury, including any provision for sick pay
What particulars can be provided later than day one from April 2020?
From 6 April 2020, all the required particulars must be provided by the start date save for the following which may be given in instalments up to two months after the beginning of employment:
- Terms as to pensions and pension schemes.
- Details of any collective agreements directly affecting the employment.
- Details of any training provided by the employer.
- A note giving certain information about disciplinary and grievance procedures (in addition to the information which must be given in the principal statement in any case).
So that you are compliant with the new rights which will be effective in April, it is important that you take the time now to review your current contracts of employment.
In giving comment and advice in the article, we do not assume legal responsibility for the accuracy of any particular statement. If you have specific views which you wish to discuss, we would be pleased to assist you.