A written statement is a legally binding agreement between employer and employee, which is formed when an employee agrees to work for an employer in return for pay. Employers are legally required to put some of the main particulars of employment in writing. It is not itself a contract of employment but is evidence of the contract of employment.
Employers are required to give the written statement to employees within two months of starting work, ideally on their first day. Employers can issue the written statement in instalments, but certain key information must be included this is known as the "principle" statement the following information must be included in a single document:
- Name of employer and employee
- Date employment and continuous employment started
- Job location
- Pay and whether it's weekly, monthly etc
- Working hours
- Holiday entitlement
- Job description / job title
- Details of any collective agreement that directly affect the employee's conditions of employment.
For details on the following information employers may provide other documents such and staff handbooks, or staff intranet sites:
- Sick leave and pay entitlement
- Pensions and pension schemes
- Disciplinary and grievance procedures
- Appeals procedure under the disciplinary and grievance procedures.
Questions and Answers
What happens if an employer does not give a written statement?
Employee's should raise the matter with their employer informally at first. In most cases this will be enough. If unsuccessful, an employee should put something in writing to the employer using the company's grievance procedure. If the matter is still unresolved the employee has the right to go to an employment tribunal if:
- No written statement is provided
- The written statement is not accurate.
The employment tribunal has the power to determine the content of the written statement.
Who is entitled to a written statement?
Any employee, whose employment will last for more than one month.
Why produce a written statement?
Employers are required by law to give an employee a written statement, it also helps to avoid misunderstandings and disputes regarding particulars of employment.
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