Employment - Written particulars of terms of employment

A legal FAQ from Roger Sinclair

An employer is bound by the Employment Rights Act 1996 to provide an employee with certain written details of the terms of his/her employment.

These details must be provided within two months of the employment commencing. Written notice of any change in these particulars (or in any document referred to in the particulars) must be given as soon as possible, and in any event within one month of the change.

The information to be given must include the following:

• Name of Employer
• Name of Employee
• Date when the employment began
• Date when the employee's period of continuous employment began (ie taking into account any employment with a previous employer which will count towards that period - this may apply, for example, if the identity of the Employer changed as a result of a takeover)
• Pay rates, pay scales, or the method of calculating pay
• Frequency of payment (ie weekly, monthly, or whatever)
• Any terms relating to hours of work or normal working hours
• Any terms relating to holidays or holiday pay
• The job title, or a brief job description
• EITHER the Employee's place of work, OR an indication that the Employee is mobile between various places of work (in which case the Employer's address must also be indicated)

[All the above must be given in a single document]

• Any terms relating to absence for sickness or injury, and sick pay (or a reference to some other reasonably accessible document containing this information)
• Any terms relating to pensions or pension schemes (or a reference to some other reasonably accessible document containing this information)
• the length of notice required on either side to terminate the employment (or a reference to the general law on this point, or to some reasonably accessible collective agreement containing this information)
• If the employment is temporary, the period for which the employment is expected to last
• If the employment is for a fixed term, the date of its expiry
• Details of any collective agreements which directly affect the Employee's terms and conditions of employment
• Whether or not there is a contracting-out certificate (issued by the Occupational Pensions Board) in force for the employment
• The person to whom the Employee should take any grievance
• A note of any disciplinary and grievance procedures (other than those relating to health and safety at work)
• Details of any disciplinary rules applicable to the Employee (or a reference to some other reasonably accessible document containing this information)
• Details of the person to whom the Employee can appeal over a disciplinary matter
• An explanation of any further steps in the disciplinary or grievance procedures (or a reference to some other reasonably accessible document containing this information)

If there are no particulars to be entered under any of these headings, the fact that there are no such particulars must be expressly stated - it's not good enough just to ignore it.

If the Employee is to work outside the UK for more than one month, there are other details which must be given.

If the Employer fails to provide any of these details (or of any change in them) then the Employee may refer the matter to the Industrial Tribunal for a declaration.

The above rules apply to all employments, other than:

• Employment lasting less than one month
• Some overseas employments
• Some seamen

The Employment Act 2002 brings into force statutory disciplinary and grievance procedures for all employees.

The provisions are set out in ss 29-40 and Schedules 2 to 5 of the Act and can be found at http://www.legislation.hmso.gov.uk/acts/acts2002/20020022.htm

The provisions will apply automatically, and in addition to any other procedures that an employer may choose to employ.

There are penalties for failure to comply with the procedures.

Minimum notice required to terminate a contract of employment

The contract of employment may provide for a longer period, but if it does not, or if it simply refers to the general law on the subject, then the minimum periods are as follows:

Notice by the Employer:

• Employed for less than one month: No notice
• Employed for one month or more, and less than two years: One weeks notice
• Employed for two years or more, but less than twelve years: One weeks notice for each complete year of employment
• Employed for twelve years or more: Twelve weeks notice

Notice by the Employee:

• Employed for less than one month: No notice
• Employed for one month or more: One weeks notice

This does not apply to the following employees:

• Overseas employment
• A contract for a specific task, where the employment is not expected to last for more than three months (unless the Employee has been continuously employed for longer than three months)
• Merchant seamen
• Fishermen

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I'd really appreciate your feedback on this FAQ - so mail me and tell me what you think of it, if it's been useful to you, or let me know of any specific problem you have where I may be able to help.

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This page was last updated 19th March 2007

No liability is accepted for any inaccuracy in the information in these pages - see full disclaimer

© Roger Sinclair roger@egos.co.uk 1998 - All rights reserved - see full copyright details

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The information on these pages is provided free and for information only, and is provided 'as is'. Whilst believed to be correct, it is in no way comprehensive. It is provided for your interest only and is not intended to be relied on as formal legal advice. The posting of information on these pages is not intended to create a lawyer-client relationship, and you should not act or rely on this information without seeking professional advice. No liability is accepted therefore for any errors, or for any losses that may be incurred if it is relied on.

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