As an employer, there are certain guidelines that you need to abide by when issuing employment contracts to your employees. One such document is the written statement of employment particulars, or a section 1 statement as it is sometimes referred to. While this does not have to be issued to the employee immediately, employers must provide their workers with a written statement of employment particulars if their work with the company lasts longer than one month. Furthermore, the statement must be handed over within the first two months of employment. If the worker works outside of the UK for more than a month within that initial two-month period, then the employer must issue the written statement prior to them leaving the country.
Image credit: andreypopov via 123RFWhat must be included within a written statement of employment particulars As you would expect, there are certain elements that must be included within your written statement of employment in order to meet legal requirements. A statement of employment particulars can sometimes be made up of more than just a single document, usually when reference is made to other documents or if the statement of particulars is provided in instalments. However, the main body of the document, commonly referred to as the principle statement, must include all of the following at a minimum:
- The employee’s full name.
- The date on which employment commenced.
- The legally recognised name of the employer.
- Hours and conditions upon which the normal hours expected may vary.
- The employee’s holiday entitlement. This section must also include public holidays and the rate of holiday pay.
- The rate of pay and the structure of which it takes, i.e. how pay is calculated and when payment will be made – weekly, fortnightly, monthly etc.
- The employee’s place of work and whether or not they will be expected to work in multiple venues and where these will be. Addresses should also be included.
This information is the bare minimum that can be expected of a written statement of employment particulars and should form the basis of the Principle Statement. As such, it should be presented in the form of one document, which could be given to the employee shortly after their employment with the company begins or as a letter of appointment. Following on from the principle statement, the written statement of employment particulars must also include the following:
- Pension details
- Details on notice periods
- The duration of a temporary job
- Terms and conditions or collective agreements
- The expected end date of a fixed-term contract
- Details on how to complain about disciplinary action or a dismissal
- Point of contact should the employee have a grievance they wish to air
- Guidance on how to complain should state that grievance be handled poorly
What doesn’t need to be included within your statement of particulars There are certain things that you may automatically think that you need to include within your statement of particulars, but are not necessary to do so.
- Details of grievance procedures
- Procedures for disciplinary action or dismissal
- Details of employee sick pay and the procedures governing this.
However, while it is not necessary to have any of the above in your written statement, please bear in mind that it is essential that your written statement includes full details of where the information can be found should the employee wish to review them.
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Written statement for employees required to work overseas Should you take on an employee who needs to work outside of the UK for a period of a month or more, you will also need to state the following in your written statement:
- The duration of their spell overseas
- The currency in which they will be paid
- Details of any additional benefits or pay they will receive while they are away
- Terms with regard to their return back to the United Kingdom.
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All of the above can be given to the employee in the form of a separate document. Employers can send workers to another country within the European Economic Area (EEA). If this situation arises, employees must receive the same legal minimum terms and conditions that apply within the relevant country, including:
- Holiday entitlement
- Hours worked and rest breaks
- Minimum pay, including overtime.
Having a properly laid out written statement for each employee is vital if you wish to remain within the legal framework laid out by the government. Following the above guidance will ensure that you and your company are compliant and supplying the necessary duty of care to all of your workers. For more advice on running your business why not read our other posts: What Do The New Pension Laws Mean For You And Your Employees and Finding & Retaining Reliable Staff For financial help with your business, find out more on our merchant cash advance.