Every employee is entitled to a written Statement of Employment after one month’s employment. This is not the same as an employment contract, but it should outline the main terms and conditions of employment.
The written Statement of Employment must contain the following:
- Your name and your employer’s name
- The location of the job, or all locations if it is in more than one place
- The title of the job, e.g. cashier, sales manager
- The date when you commenced work
- How much you will be paid and how often, i.e. weekly wages or a monthly salary
- How much holiday you are entitled to on an annual basis, and how much your holiday pay is, if you are entitled to it
- Your notice period if you want to leave the job
- Details of the disciplinary, grievance and dismissal procedures
- How much sick pay you are entitled to
- Whether you are able to join the occupational pension scheme, if your employer has one.
If your employer has not, or will not, provide you with a Statement of Employment seek advice from a specialist employment law solicitor without delay.
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Does a Statement of Employment replace an employment contract?
Absolutely not!
If you are working for someone, then a contract is already in place.
This does not necessarily mean that you will have a contract in writing. But, the simple fact that your employer has agreed to pay you, in return for you doing work for them, creates a contractual relationship.
Some employers think that they have greater flexibility if they do not issue documentary contracts. In fact, the opposite can be true. This is because it is much easier for an employer to assert the terms of an employee’s employment if they are written in black and white and do not provide any room for manoeuvre. If such a document does not exist, this provides significantly wider scope for flexibility.
Under your contractual agreement, whether written or not, both you and your employer have certain rights and obligations.
Your main right is that you are entitled to be paid for what you do. Your employer’s right is to give you instructions about your job, such as when and where you work, and what you do while you are at work. There are certain rights that you are entitled to by law, and which don’t have to be included in the terms of agreement between you and your employer. These include your right to the minimum wage and your rights to paid holiday leave.
About TM Law – Specialist Employment Law Solicitor
Based in Wickford, Essex, TM Law is a small and dedicated solicitors. With many years’ experience, helping business owners and local individuals with matters of personal injury, compromise agreements, employment disputes, debt collection, commercial disputes and much more.
As a specialist employment law solicitor, TM Laws’ knowledge of the rights and obligations of both employee and employer is second to none, and their approach is proven to achieve the best results for minimum outlay.
For a personal service, practical advice and quick resolution contact us today. We offer a fair, fixed fee service and we’re always happy to help.
