employee or worker works for you, they must be in possession of a written statement of the details of their job. Employers are not obliged to provide
a Written Statement of Particulars as standard to any existing employees or workers, but employees or workers of any length of service are entitled to ask for, and receive, one at any time during their employment and up to three months after they leave the business. A Written Statement of Particulars alone does not form a contract of
employment, but it is a record of the employer’s view of the terms and conditions of an individual’s employment.
As of 6 April 2020, content which is legally required to be in a Written Statement of Particulars is: The name of the employer The name of the employee The employee’s start date The date of any period of continuous employment (can be marked as N/A) Details of working hours
Details of pay and pay intervals Details of holiday entitlement and holiday pay Details of 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 Details of entitlement to paid leave, i.e. paternity leave, parental leave, maternity leave etc Any other remuneration or benefits provided by the employer Any probationary period, including conditions and its duration Any training provided by the employer which the worker is required to complete and any other required training in respect of which the employer will not bear the cost The notice periods for termination by either side Terms relating to absence due to incapacity and sick pay Terms as to the length of temporary or fixed-term work Terms related to work outside the UK for a period of more than one month. The Written Statement of Particulars can also form a written contract of employment if there is evidence that both the employer and employee have agreed that the terms are contractual. This would be achieved by both parties signing a declaration within the document to confirm this. If you already produce Written Statements of Particulars then you may only need to make slight changes to your current documents in order to ensure they are compliant. If you do not currently provide Written Statements of Particulars, this is an ideal time to bring this aspect of your business administration up to date. SELECT will be providing template Written Statements of Particulars in ‘fill in the blanks’ format to make the change as straightforward as possible.
i
If you have any questions about this or any other aspect of employment affairs, please contact
nicola.jengaenga@select.
org.uk or
fiona.cornwall@
select.org.uk. CABLEtalk FEBRUARY/MARCH 2020 51
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