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Statements of employment particulars

Statements of employment particulars

  • any terms and conditions relating to:
    -- incapacity for work due to sickness or injury, including any provision for sick pay (or the statement can refer the employee for particulars of these to the provisions of some other document which is reasonably accessible to the employee); and
    -- pensions and pension schemes (or the statement can refer the employee for particulars of these to the provisions of some other document which is reasonably accessible to the employee);
  • the length of notice which the employee is obliged to give and entitled to receive to terminate his contract of employment (the statement may refer the employee for particulars of these to the law or to the provisions of any collective agreement affecting the terms and conditions of the employment which is reasonably accessible to the employee) NB. In the absence of any specific contractual provision the employer has to give the employee statutory minimum notice of 1 week for every year of continuous employment up to a maximum of 12. The statutory minimum notice which the employee has to give is 1 week.
  • where the employment is not intended to be permanent, the period for which it is expected to continue or, if it is for a fixed term, the date when it is to end;
  • any collective agreements which directly affect the terms and conditions of the employment including, where the employer is not a party, the persons by whom they were made;
  • details of a person (by description or otherwise) to whom the employee can apply for the purpose of seeking redress of any grievance relating to his employment and the manner in which any such application should be made;
  • whether there is in force a contracting-out certificate (issued in accordance with Chapter I of Part III of the Pension Schemes Act 1993) stating that the employment is contracted-out employment (for the purposes of that Part of the Act)
  • where the employee is required to work outside the United Kingdom for a period of more than one month:
    -- the period for which he is to work outside the United Kingdom;
    -- the currency in which remuneration is to be paid while he is working outside the United Kingdom;
    -- any additional remuneration payable to him, and any benefits to be provided to or in respect of him, by reason of his being required to work outside the United Kingdom, and any terms and conditions relating to his return to the United Kingdom;
  • what Grievance procedures the employer has (complying with the statutory regulations introduced on 1 October 2004)
  • what Disciplinary procedures the employer has (complying with the statutory regulations introduced on 1 October 2004).

Other Contractual provisions

There are of course many other terms that employers should record as agreed with their employees. Together with those stated above these may be included in a written contract and may include terms relating to, for example:

  • restrictive covenants aimed at preventing an ex-employee unfairly competing; protecting intellectual property rights and confidentiality;
  • bonuses and benefits such as permanent health insurance, life assurance, share option schemes and company cars;
  • mobility clauses setting out the geographical area where an employee may be required to work;
  • "pay in lieu of notice" clauses entitling an employee who is under notice terminating their employment to be "paid off" rather than working out their notice period.
  • circumstances allowing for deductions from wages.

© Davenport Lyons 2005 All rights reserved This document reflects the law and practice as at October 2004. It is general in nature, and does not purport in any way to be comprehensive or a substitute for specialist legal advice in individual circumstances.


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