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Statement of Terms of Employment

Statement of Terms of Employment

There are certain terms of employment which must be provided to your employees when they commence their employment with you.

We would always advise that you enter into a properly drafted contract of employment with your employees as it will be beneficial to your business. However, at a very minimum you must provide the basic terms.

This written statement of terms is often referred to as a Section 1 statement.

The Section 1 statement must be given to your employee no later than two months after their employment begins, and can be provided either before or after the employment begins.

The information can be given in different documents as long as it is in writing and within 2 months of commencement. There is certain information which must be provided in one document.

Information to be included in one document:

  1. Name of employer and employee
  2. Date employment starts and date of continuous employment
  3. Amount of pay and intervals of payment
  4. Hours of work
  5. Holiday entitlement and holiday pay
  6. The employee’s job title or a brief description of work
  7. Place of work

Other information which must be provided:

This further information may be provided in the same document, supplementary statement or easily accessible documents such as a staff handbook.

  1. Terms relating to absence due to incapacity and sick pay
  2. The notice periods for termination of employment by either party
  3. Information about disciplinary and grievance procedures
  4. Terms regarding pensions and pension schemes
  5. Terms related to work outside the UK for a period of more than one month
  6. Terms as to length of temporary or fixed-term work
  7. Details of any collective agreements directly affecting the employment

Failure to provide a Section 1 statement:

If you fail to provide a statement to an employee, or it is inaccurate or incomplete, your employee may complain to the Employment Tribunal.

If the employee has no other complaints or claims, they will only be entitled to a declaration from the Tribunal either confirming the statement they’ve been provided with, or amending substituting terms of the employment.

If your employee brings another successful claim and at the time of the claim you had failed to provide a statement, the employee would be entitled to compensation up to a maximum of four weeks’ pay.

13/10/2016

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Laura Albon has been working in litigation for nearly 10 years. She works almost exclusively with property investors and agents across the whole country. She trained with the partners of Helix Law and has extensive experience in possession, service charge recovery, breach of covenant and commercial contract claims. She is able to pursue matters through the court and through The First Tier Tribunal (formerly the Leasehold Valuation Tribunal or LVT).

This article is written to raise awareness of the issues it discusses and it may not be updated after it is first written, even if the law changes. It is not intended to be legal advice and cannot be relied on as such. Helix Law is not responsible or liable for any action taken or not taken as a result of  this article. If you think the matters set out affect you and you wish to apply them to your particular circumstances then we are happy to give you free initial telephone advice

Contact Helix Law on 01273 761 990 or email: [email protected]