Written Statements and Employment

Written Statements and Employment

The minimum requirements, and are contracts better than statements?

By Marcia Smith

What are the minimum requirements for a written statement?

A written statement of employment particulars must be provided within two months of the start of any employment, lasting for at least one month.

The principal statement must include the names of the employee and employer, a job title or description, the start date, hours and days of work, and the location of the job.

If not already included in the principal statement, the employer must also state the expected duration or end date of employment (if the role is temporary or fixed-term), the notice periods for termination, details of any collective agreements, pension arrangements, and details of the company’s grievance, disciplinary and dismissal procedures.

What are the pros and cons of a contract compared to a written statement?

A contract of employment legally exists regardless of whether it’s written down. Starting work is deemed to be proof of an agreement between the employer and employee – even if this was only verbal.

At this point, the risk is that either the employee or the employer may have misunderstood the agreement. If either party wishes to question or challenge it, unless they have a written agreement it is difficult to resolve the matter.

A written statement, on the other hand, sets out the specific conditions of employment in the form of a document. This makes it much easier for both parties to check and understand the terms of their agreement.