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WRITTEN STATEMENT OF EMPLOYMENT PARTICULARS (PL700 Rev 6 – URN
05/1671)
OUTLINE
OF PROVISIONS
A contract
of employment exists as soon as an employee starts work and, by
doing so, proves that he or she accepts the terms and conditions
offered by the employer. Both employer and employee are bound
by the terms offered and accepted. Often the contract is verbally
agreed and not written down. Most employees are however entitled
by law to be given a written statement setting out the main particulars
of their employment. This statement will not necessarily cover
every aspect of the contract, but can provide important evidence
of the main terms and conditions.
An Example
form of a written statement of employment particulars
meeting the requirements of the legislation is available, although
employers are free to provide the necessary particulars in a
different format if they prefer to do so. In addition, from 1
October 2004 particulars in a contract of employment or a letter
of engagement can form, or form part of, the written statement.
Who is
entitled to receive a written statement?
All employees
are entitled to receive a written statement meeting the requirements
described in this document, provided that their employment lasts
for one month or more. (Those whose employment began before 30
November 1993 must however request such a statement before becoming
entitled to it. They may make such a request at any time during
their employment or up to three months after its termination.)
Individuals
who are not employees - for example independent contractors
or freelance agents - are not entitled to a statement.
What information
must the written statement include?
The written
statement must cover:
- the names
of the employer and the employee;
- the date
when the employment (and the period of continuous employment)
began;
- remuneration
and the intervals at which it is to be paid;
- hours
of work;
- holiday
entitlement;
- entitlement
to sick leave, including any entitlement to sick pay;
- pensions
and pension schemes;
- the entitlement
of employer and employee to notice of termination;
- job title
or a brief job description;
- where it
is not permanent, the period for which the employment is
expected to continue or, if it is for a fixed term, the
date when it is to end.
- either
the place of work or, if the employee is required or
allowed to work in more than one location, an indication of
this and of the employer's address; and
- details
of the existence of any relevant collective agreements
which directly affect the terms and conditions of the employee's
employment - including, where the employer is not a party, the
persons by whom they were made.
If an employee
is normally employed in the UK but will be required to work abroad
for the same employer for a period of more than one month, the
statement must also cover:
- the period
for which the employment abroad is to last;
- the currency
in which the employee is to be paid;
- any additional
pay or benefits; and
- terms relating
to the employee's return to the UK.
Where there
are no particulars to be given for one of the items required to
be covered in the statement (for example, where there is no pension
entitlement), this must be indicated.
The statement
must also include a note giving certain details of the employer's
disciplinary and grievance procedures, and stating whether
or not a pensions contracting-out certificate is in force for
the employment in question.
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