Employment law can feel like a minefield, especially when you have no internal HR experts. Paul Reader, Dispute Resolution and Commercial legal expert, talks through some key areas.
Employees have a statutory right, after starting employment, to be provided with a written Statement of Particulars of the most important terms of their employment
Regardless of the statutory right it is important that a statement is provided as it ensures that both employer and employee have clarity on the terms and know how their relationship will be governed.
If an employer fails to provide a statement of terms, the employee can apply to a tribunal to determine what the terms and conditions are. This can mean that employers have terms imposed upon them that they would not have otherwise agreed.
The statement must be provided within two months of commencement of employment. If, during that two-month period, the employee is to begin work outside the UK (for a period of more than one month) the statement must be given to them no later than the time they leave the UK to begin work.
Additionally, if the employment is not intended to be permanent, the statement should give the period for which it is expected to continue, or, if it is for a fixed term, the date it is to end.
All employees who have worked for one month or more. On 6 April 2020, the right to a written statement of employment particulars will be extended to all categories of 'worker', not just 'employees’.
In order to assist employer’s navigate the pitfalls involved in preparing a Statement of Particulars, we have created the EmployRight scheme. The scheme provides an employer with:
All of which will be reviewed on an annual basis
In addition, the scheme provides an advice line enabling an employer to talk with a qualified lawyer at Berry & Lamberts about any problem that they have in the employment law field for up to 12 hours in any 12-month period.
EmployRight enables employers to feel secure in the knowledge that they have the necessary documents and specialist advice at hand at a cost which is fixed.
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.