4/7/2023 0 Comments Statement of particulars![]() Terms and conditions relating to occupational pensions and pension schemes (can be provided within two months).Terms and conditions relating to incapacity for work due to sickness or injury, including any provision for sick leave and pay.Items that can be provided in a supplementary statement: Details of training which the employer requires the worker to complete even if the employer does not pay for it.If the employee or worker is required to work outside the UK for over a month: arrangements for working outside the UK including period, currency of pay, additional benefits and return terms.Details of non-permanent employment or engagement e.g.Any other benefits (including benefits clearly specified as non-contractual) which are not covered elsewhere in the written statement.Place of work and address of employer or an indication that an employee or worker is required or permitted to work at various locations.Job title or a brief description of the type of work the employee or worker is to do.Terms and conditions relating to entitlement to paid holidays, including public holidays and holiday pay, in such a manner as to allow them to be precisely calculated.Terms and conditions relating to hours and days of work, including any terms and conditions relating to normal working hours, days of the week and whether hours or days are variable (and, if so, how they vary).Intervals at which remuneration is paid, that is, weekly, monthly or other specified intervals.Scale or rate of remuneration, or the method of calculating the remuneration.Length of notice the employee or worker is required to give and receive to terminate the contract.Date on which continuous employment began (employees only).Date when employment or engagement began.Names of the employer and employee or worker.Items to be included in the main document: Some information must be included in one document while other information can be delivered separately. The essential elements of the written statement of particulars of employment are set out in UK law, which both workers and employees are entitled to receive from day one of their contract. Equality relating to men and women’s pay (implied by statute).Īs many terms as possible should be clearly set out in writing and given to the new employee before or when they start the job.The right to a minimum period of notice (implied by statute).The right to receive at least the national minimum wage or living wage (implied by statute).The employer’s duty to provide a safe system of work and safe workplace.A duty of mutual trust and confidence between the employer and employee.Needed to give ’business efficacy’ to the contract (that is, to make the contract work properly).Įxamples of terms that are implied into a contract of employment include:.So obvious that the term is assumed to have been implied.Incorporated into individual contracts by custom over a period of time. ![]() ![]() Incorporated by workforce agreements (for example, agreements with the whole workforce covering issues such as entitlement to breaks).Incorporated by collective agreements (agreements with trade unions recognised by the employer).Terms can also be implied into contracts, for example if the term is: The express terms must comply with any minimum legal standards such as the right to paid holidays and the right to daily and weekly rest breaks.Īll employees and workers have a statutory right to a written statement of particulars of employment setting out certain key employment terms on their first day of work. Written express terms are not restricted to written employment contracts but can include a number of the organisation’s other documents, such as a staff handbook, unless the provisions are deemed not to have contractual effect.īefore drafting express terms, employers need to be familiar with the relevant law, such as employee status, the rules governing written particulars, flexible working, parental leave and working hours. Express termsĮxpress terms are stated in writing or given verbally. There are mandatory rules in some countries which apply automatically and will prevail but it differs from place to place. Some countries have rules of contract like the UK while others don’t. In the UK, the term ‘employee’ is defined by the Employment Rights Act 1996 as an individual who has entered into or works under a contract of service or apprenticeship, and they are a mixture of ‘express’ and ‘implied’ terms.īasically global employers and employees can choose which country’s law their contract is subject to. ![]() A contract of employment is a legally binding agreement between an employer and employee. ![]()
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