Q. Should an employee have a written record of Terms and Conditions of Employment?
Most employees are entitled to receive from their employer within 4 weeks of starting work, a written statement of the main terms and conditions of employment. This should set out such items as who the parties are, job description, rates of pay, when and how payment will be made, details of paid holiday entitlement and any conditions, whether or not sick pay is paid, what the normal hours of work will be, how to raise a grievance etc. When an employee has not been issued with a written statement of terms and conditions of employment they can contact us directly for advice.
Under the Employment Act 2006, if an employer fails to provide a written statement the employee can make a claim to the Employment and Equality Tribunal who will make an award of between two and four weeks’ pay. If a written statement has been provided but falls short of the expected standards in content the Employment and Equality Tribunal may make an award of up to 2 weeks’ pay if it is just and equitable to do so. A week’s pay is currently capped at £540 per week. A copy of our booklet on Preparing Written Statements can be viewed by clicking here.