Contracts of employment
Q
What is a Written Statement of Employment Particulars? My employee says I have to provide her with this.
A
Employers are legally required to give their employees a written statement of particulars of employment. Every employee regardless of the number of hours worked has to be given this written statement, which sets out the main terms and conditions of their employment. This statement must be given within 2 months of the commencement of employment.
The information to be provided is specified in law and includes, for example, the specification of holidays and notice rights. It is permissible, within the written statement, to refer an employee to alternative documents which contain details of some of the information required, providing such documents are current, accessible, and updated whenever necessary. Alterations in the particulars of the written statement must be individually notified in writing within one month of the change. Note, that the written statement is not the same as a contract of employment; however, it may be a summary of what is contained within the contract or contractual documents.
The Agency has published an advisory guide entitled Varying a Contract of Employment
The Agency regularly holds workshops which aim to assist employers in drawing up the written statement of employment particulars and can be booked online.
If our answer or publications do not provide you with enough information please contact the Agency's Head Office: 028 9032 1442 - or our Regional Office: 028 7126 9639.
Q
I am an employer who is starting up in business and I’ve just taken on three employees. Do I have to give them anything in writing in terms of a contract of employment?A
The law requires you to provide your employees with a written statement of particulars of employment. Every employee regardless of the number of hours worked has to be given this written statement, which sets out the main terms and conditions of their employment. This statement must be given within 2 months of the commencement of employment. The information to be provided is specified in law and includes, for example, the specification of holidays and notice rights. It is permissible, within the written statement, to refer an employee to alternative documents which contain details of some of the information required, providing such documents are current, accessible, and updated whenever necessary. Alterations in the particulars of the written statement must be individually notified in writing within one month of the change. Note, that the written statement is not the same as a contract of employment; however, it may be a summary of what is contained within the contract or contractual documents.The Agency regularly holds workshops which aim to assist employers in drawing up the written statement of employment particulars and can be booked online.
The Agency has published an advisory guide entitled Varying a Contract of Employment
If our answer or publications do not provide you with enough information please contact the Agency's Head Office: 028 9032 1442 - or our Regional Office: 028 7126 9639.
Q
If I wanted to change my employee’s hours of work that is in their written statement how do I do this?A
To amend terms and conditions of employment, an employer, should in the first instance consult with their employees to reach agreement on the proposed variation(s). Once agreement has been reached it is recommended that a written record of agreement is retained. Further information and guidance on varying terms and conditions is available in the Agency’s Advisory Guide Varying a Contract of EmploymentIf our answer or publications do not provide you with enough information please contact the Agency's Head Office: 028 9032 1442 - or our Regional Office: 028 7126 96
Q
My employer says he can change our terms and conditions any time we want because we don’t have any contract of employment. Is he right?A
Employers are legally obliged to provide their employees with a Written Statement of Employment Particulars setting out their main terms and conditions of employment, within 2 months of the commencement of employment. This statement forms part of the contract of employment which also includes implied terms, statutory terms, and terms and conditions which have been established through custom and practice.Therefore, even in the absence of a written contract or statement of employment particulars, a contract of employment does exist. In order to vary terms and conditions of employment an employer should in the first instance consult with employees to reach agreement. Further information and guidance on varying term and conditions is available in the Agency’s Advisory Guide Varying a Contract of Employment
If our answer or publications do not provide you with enough information please contact the Agency's Head Office: 028 9032 1442 - or our Regional Office: 028 7126 9639.