Employment Law: Terms and Conditions of Employment

Employment law can feel like a minefield, especially when you have no internal HR experts. Paul Reader, Dispute Resolution and Commercial legal expert, talks through some key areas.

Do my employees have to be provided with Terms and Conditions of Employment?

Employees have a statutory right, after starting employment, to be provided with a written Statement of Particulars of the most important terms of their employment

Regardless of the statutory right it is important that a statement is provided as it ensures that both employer and employee have clarity on the terms and know how their relationship will be governed.

If an employer fails to provide a statement of terms, the employee can apply to a tribunal to determine what the terms and conditions are. This can mean that employers have terms imposed upon them that they would not have otherwise agreed.

The statement must be provided within two months of commencement of employment. If, during that two-month period, the employee is to begin work outside the UK (for a period of more than one month) the statement must be given to them no later than the time they leave the UK to begin work.

The Statement Must Contain:

• the names of both employer and employee,
• the date that continuous employment began,
• the hours of work,
• the rate of pay and the time that payment will be made,
• details of holiday entitlement,
• the place of work,
• a job title,
• the notice that the employer is obliged to give and is entitled to receive to terminate the employment and
• details of any collective agreement that directly affects the terms of employment.

Where relevant, the statement must also contain:

• terms relating to the hours of work,
• sickness and absences,
• any terms relating to pension and pension schemes,
• reference to any grievance procedure applicable to the employee,
• reference to any disciplinary rules and procedure applicable to the employee.

Additionally, if the employment is not intended to be permanent, the statement should give the period for which it is expected to continue, or, if it is for a fixed term, the date it is to end.

Where the Employee is required to work outside the UK for a period of more than one month, the statement should specify:

• the period for which they are to work outside the UK,
• the currency in which remuneration is to be paid while they are working outside the UK,
• any additional remuneration payable to the employee, and any benefits to be provided by reason of being required to work outside the UK, and
• any terms and conditions relating to the employee’s return to the UK.

Who is entitled to the terms and conditions?

All employees who have worked for one month or more. On 6 April 2020, the right to a written statement of employment particulars will be extended to all categories of 'worker', not just 'employees’.

Assistance

In order to assist employer’s navigate the pitfalls involved in preparing a Statement of Particulars, we have created the EmployRight scheme. The scheme provides an employer with:

• The statutory statement of terms of employment for all their employees,
• A disciplinary procedure,
• A grievance procedure, and
• An equal opportunities policy.

All of which will be reviewed on an annual basis

In addition, the scheme provides an advice line enabling an employer to talk with a qualified lawyer at Berry & Lamberts about any problem that they have in the employment law field for up to 12 hours in any 12-month period.

EmployRight enables employers to feel secure in the knowledge that they have the necessary documents and specialist advice at hand at a cost which is fixed.

If you need support or advice about any employment legal issues you may have you can contact Paul Reader or the wider Commercial and Dispute Resolution Team on 01892 526 344.

The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.