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21/09/2010 18:04:25 www.clicklegalservices.co.uk Administrator Posts: 374

There never used to be any legal obligation on many employers to put employment terms into writing – indeed there will be many people reading this who have nothing – or very little in writing. The relevant details are contained in the Employment Rights Act 1996. The rule is that, within two months of the start of the job, a new employee has to be given a written statement (a “Section 1 Statement”) which: Identifies the parties; States the start date of the employment – or details any date (if it is earlier) when the period of continuous employment with that employer began; Gives the rate of remuneration, (or method of how it is calculated); States how often payment is to be made; The hours of work; Holidays and holiday pay (sickness or injury – including sick pay) / pensions; The length of notice needed on both sides; The actual job title; The period the job it is to last if not permanent; The place of work; Whether any collective agreement (trades union agreement) applies. Any further requirements if employees are required to work outside the UK for more than a month. Any disciplinary/capability/grievance rules and procedures applicable; Whether a contracting-out certificate is in force in respect of any pension scheme. Changes to the terms must be notified in writing to the employee within a month of the change. What if I haven’t got one? Ask (not that you should have to). A complaint can be made to the Employment Tribunal. What is the actual status of the Section 1 Statement? A section 1 statement is not in itself a written contract, it is evidence of the contract – and so is perhaps the next best thing to an actual contract. There is no legal rule that the statement has to be signed by the employee though – the obligation is on the employer to provide the details (unless the employer drafts it to say that the employee is signing to say that he both acknowledges the statement and also that he agrees that it is the contract, then a tribunal may take the view that that it was in fact, a written contract after all. What are the consequences if an employer fails to give written particulars? Please see http://www.yell.com/solicitors/blog/unfair-dismissal-without-the-12-months/ Employers and employees are advised to take individual advice as to their particular circumstances.

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