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Statement of Particulars of Employment
An employer must provide to each employee a statement of the basic terms of his contract. (This is not a right to a written contract)
The note must:
Employers with fewer than twenty employees, however, need give only the name of the person to whom the employee can apply for the purpose of seeking redress of any grievance relating to his or her employment and the manner in which such an application should be made.
These requirements do not apply to rules, disciplinary decisions, grievances and procedures relating to health or safety at work.
The note must also state, in every case, whether or not a contracting-out certificate under the Pensions Schemes Act 1993 is in force for the employment in question.
Which of the required particulars may be given by reference to some other document, rather than in the written statement itself?
Most of the required particulars must be set out in the written statement itself. There are however a number of exceptions.
In addition, particulars of the entitlement of employer and employee to notice of termination may be given by reference to the provisions of the relevant legislation or to those of any relevant collective agreement which the employee has reasonable opportunities of reading in the course of his or her employment or which is made reasonably accessible to him or her in some other way.
When must the written statement be given?
(If an employee whose employment began before 30 November 1993 requests a statement meeting the requirements described in this booklet - see Who is entitled to receive a written statement? - it must be provided within two months of when the request is made.)
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