Written statement of particulars
Employers must give employees who have worked for more than one month a written statement of particulars of the most important aspects of their job. The written statement must be provided within two months of the employment start date. The law prescribes exactly what should be included in the written statement of particulars. However it will set out certain basic information such as start date, job title, place of work and pay etc.
Failure to give written statement of particulars
If an employer does not give a written statement of particulars then an employee can make a claim to an Employment Tribunal. They will decide what should be included in the statement of particulars. If an employment claim is brought and the Tribunal discovers that there is no written statement of particulars, the employer will be ordered to pay compensation to the employee. This will be equivalent to two weeks’ capped pay and this can be increased to up to four weeks’ capped pay if it is just and equitable to do so.
Is the written statement of particulars sufficient?
Probably not. The written statement of terms required by law only sets out the bare minimum information. This is likely to offer insufficient protection for most businesses. There are many compelling reasons to have a more comprehensive contract of employment and even a staff handbook. For example a detailed contract of employment can include provisions that restrict an employee’s ability to compete with their employer. Or approach the employer’s clients/suppliers for a period of time after the employee has left. You can also include provisions to protect your confidential business information and intellectual property rights. It can deal with sickness absence, holiday rules, deductions from wages, snow days, disciplinary and grievances. As well as bullying and harassment, use of the employer’s telephones, internet and social media etc.
A well drafted contract/staff handbook will let everyone know where they stand. This can include policies and procedures whilst maintaining flexibility. They can also avoid disputes arising. You can be guaranteed that if you do have an issue with an employee, one of the questions we will ask is what does your contract/staff handbook say!
Employment Law Solicitors in East Sussex
Our experienced employment solicitors in Eastbourne, Hailsham and Polegate advise both employers and employees on all aspects of employment law. If you would like further information on contracts of employment and staff handbooks please contact us to arrange an appointment:
Eastbourne 01323 727321
Hailsham 01323 841481
Polegate 01323 487051
Meads 01323 407577
We will maintain complete confidentiality and discretion at all times.