Your day-one right to a written statement of particulars (and a wider written statement within two months)

You may already be aware that, since 2020, employees and workers now have a right to a written statement of employment particulars before they start work. Details of what should be on that ‘principal statement’ can be seen on that link (above).

In a bit more detail, you are actually entitled to two things here:

The first one is the right to a “written statement of employment particulars” which has be given to the worker before they start (containing the ‘principal statement).

The second part is a right to a ‘wider written statement’ within two months of the start of employment (including details of pension schemes, collective agreements, training and discipline/grievance processes).

If you don’t get them, you have to raise it informally, then take a grievance, and you can then go a tribunal which will decide what employment particulars in the statement should have been. So, in terms of ‘enforceability’, it does leave a bit to be desired (someone, who by definition, is in the first two years of their employment contracts, and can be dismissed fairly easily) may not be that keen about going to a tribunal about this kind of thing.

On the other hand, if you do go to a tribunal and win a case on another matter, and if there was a problem with the written statement as well, it can increase your compensation by up to four weeks’ pay (with the week being capped as well).

Again, hardly a devastating punishment for the employer, but for many people on short contracts of employment, a failure to comply with these rules should be a red flag in the first place.

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