Start your 2019 with a bang by providing your employees with written terms and conditions of employment.
Under the Employment Rights Act 1996, Employees have a right to a statement of particulars of their terms and conditions of employment. This is often known as a s.1 statement. It is not a contract of employment, but sets out the main terms of that contract in the absence of any other documents.
In a recent case, the Employment Appeal Tribunal has held that employees have a right to a statement of employment particulars when employed for at least one month continuously, even though the employer is allowed two months to provide the statement.
The Claimants were all employed as waiting staff by the Maritime Hotel. They all had relatively short periods of employment of a few months. One Claimant was only employed for six months; she succeeded in a claim for automatically unfair dismissal. She also complained of a failure to provide either a payslip or statement of employment particulars. She was awarded additional compensation because she had not been provided with a statement of particulars.
Currently there is an exception to the right for employees who work for less than one month. That is due to be repealed by the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 with effect from 6th April 2020. From then every new employee will have the right from day one.
So start 2019 off right and put those s.1 statements in place. Speak to our Employment specialist Jane Elgar.