The contract of employment between an employer and their employee is a significantly important and very useful document, as it encapsulates the nature of the relationship between the parties by setting out the specific rules or 'terms’ that must be followed by each party throughout the term of employment. For example, the employment contract will detail the rights, responsibilities and duties of each party in relation to the employment. Consequently, in the event that an issue arises between an employee and their employer, it is likely that the first step taken to work towards a resolution between the parties will be the scrutinisation of the employment contract.
All employees who are engaged for a period of one month or longer are entitled to receive a written statement of the particulars of their employment. This entitlement does not extend to workers who are engaged in a non-employee capacity, such as freelancers, independent contractors or agency workers.
Under article 33 of the Employment Rights (Northern Ireland) Order 1996, employers are required to issue this initial written statement to employees within two months of the date when their employment begins.
The statement of particulars can be presented in any form so long as it is in writing (for example, it may take the form of a job offer letter or email). Furthermore, the employer may issue the entire contract of employment in counterparts. However, it is important that the following key points are provided to the employee in one document which shall be regarded as the 'principal statement':
- The full legal name of the employer;
- The full legal name of the employee;
- The date on which the current employment began;
- Any earlier date upon which employment with a previous employer began, where this is intended to be treated as ‘continuous’ with the current employment;
- The employee’s pay, or how It is calculated, and the intervals at which it will be paid (for example, monthly);
- The employee’s hours of work;
- The employee’s entitlement to holidays, including public holidays and holiday pay;
- The job title and a brief description of the work involved; and
- The address of the employee’s place of work. If the employee is intended to work from more than one place, this should be indicated.
In addition to the principal statement, the employer must also provide the employee with the following information:
- Details regarding terms and conditions relating to sickness, injury and sick pay;
- The employee’s period of employment (i.e. if it is not intended to be permanent, when shall the employment end?);
- Notice periods required from both parties;
- Details of any collective agreements with trade unions that will directly impact the employee’s terms of employment;
- Information relating to pension schemes applicable to the employee;
- Details regarding the employer’s dismissal, disciplinary and grievance procedures; and
- Information regarding any terms relating to any requirement for the employee to work outside the UK for a period of more than one month.
These further particulars may be specified in several different documents, so long as they are provided to the employee within two months of the commencement of their employment.
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