 |
|
|
Employment Law Solicitor
Sarah Cruice 0114 253 6547 | email Sarah View Sarah's profile |
|
An employee who has worked for an employer for one month or longer is entitled by law to receive a written statement of the main terms of their employment. This must include certain information and must be given to the employee within two months of the commencement of their employment. |
Where an employer fails to issue this statement and the employee subsequently brings proceedings against the employer in the employment tribunal for, for example, unfair dismissal or discrimination, the tribunal will award compensation of either two or four weeks pay in respect of this failure. However, there is no 'freestanding' claim for failure to provide the statement.
It is important to note that a statement of particulars is different from a contract of employment, to which there is no legal entitlement.
The statement of particulars must include terms relating to the following:
- Parties to the contract
- Commencement of employment;
- Job title;
- Place of work;
- Salary;
- Hours of work;
- Holidays;
- Sickness absence;
- Termination and notice period;
- Disciplinary and grievance procedures;
- Pension arrangements; and
- Collective agreement (i.e. whether there are any recognised Trade Unions).
These are only the most basic terms of employment, and it is strongly recommended that employees are provided with a more comprehensive contract of employment containing all of the terms and conditions of their employment. The existence of comprehensive terms and conditions will serve to protect your business interests as far as possible and prevent any subsequent argument between the parties about their contractual rights / obligations.
Some examples of additional useful clauses are as follows:
- A medical consent clause providing that the employer is able to require the employee to attend a medical examination with a doctor chosen by the employer if deemed necessary;
- A clause stating that an employee must obtain consent from their employer if they wish to take another job in addition to that job;
- A clause entitling the employer to deduct monies owed by the employee from the employee’s salary. This cannot lawfully be done without this clause;
- A payment in lieu of notice clause entitling the employer to pay in lieu of notice upon termination of an employee’s notice rather than having them in work;
- A garden leave clause so that the employer need not provide work to the employee during their period of notice;
- Restrictive covenants and confidentiality clauses to prevent senior employees causing loss or damage to your business after their employment has ended.
If you are an employer and would like to put contracts of employment in place, or if you would like to update your existing contracts, please contact Sarah Cruice, employment solicitor, on 0114 253 6547 or at sarah.cruice@ironmongercurtis.com. Our employment law specialists are experienced in drafting bespoke contracts of employment for both junior and senior employees. We can also advise you as to the interpretation and enforceability of specific contractual terms.
If you are an employee and have any queries regarding a proposed new contract or your rights and obligations under an existing contract, please contact us on 0114 253 6559 and we will be happy to assist you.
find us on Linked In
follow us on Twitter