Written statement of terms of employment - Halloween Special

Disclaimer: Neither the writer nor Emsleys accepts any responsibility or liability for any loss or damage howsoever caused to the reader by the frightening use of trite Halloween references in this Blog. The reader reads on at their own risk[insert scary laugh here].

As Halloween approaches, I find myself haunted - not by things that go bump in the night - but by the number of employees I meet who do not have employment contracts. It a nightmare!

At the very least, within 2 months of an employee starting an employer must provide a written statement of terms of employment (known as a ection 1 Statement. Failure to provide this can lead to the horrors of the Employment Tribunal, whether by way of a standalone claim or as part of another substantive claim (and in the latter case the employee may be entitled to an additional 2 or 4 weeks capped pay).

The Section 1 Statement consist of pretty basic stuff and is written in ink not blood. It is best to include the following:

  1. The names of the employer and employee
  2. The date employment starts and the date the employee continuous employment began
  3. Job title and/or a brief description of work
  4. Place of work (and reference to working outside the UK)
  5. Rates of pay
  6. Hours of work
  7. Holiday entitlement and pay
  8. Termination notice periods
  9. Basic information on disciplinary and grievance procedures
  10. Certain information on pensions and collective agreements

There is nothing scary on this list and there is no reason for employers not to comply with this requirement if they wish to avoid driving a stake through the heart of the employment relationship.

Further, if a Section 1 Statement is the skeleton, why not put some flesh on the bones with a properly prepared employment contract.

If you are an employer or an employee and would like to talk about Section 1 Statements and Employment Contracts please contact the Emsleys Employment Team on 0113 232 1030 or email the Team direct.

Happy Halloween from everyone at Emsleys.

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