Understanding Your Written Statement of Terms
An employer in the UK is required to provide employees and workers with a written statement of employment particulars, which outlines the main conditions of their employment. This document is not an employment contract but serves to inform individuals about their rights and duties. It consists of a principal statement and a wider written statement, with various details that must be included, such as the employer and employee’s names, job titles, pay and payment frequency, working hours, holiday entitlement, and more.
Key Takeaways:
- The written statement of terms is a document provided by employers in the UK that outlines the main conditions of employment.
- It consists of a principal statement and a wider written statement.
- The principal statement includes essential information such as names, job titles, pay details, working hours, and holiday entitlement.
- Other information, such as sick pay, paid leave, and notice periods, may be provided on the first day of employment.
- Within two months of starting employment, a wider written statement is provided, including information on pensions, collective agreements, and disciplinary procedures.
The Principal Statement
The principal statement is a crucial part of the written statement of terms. It provides essential information to employees and workers, ensuring they understand the key details of their employment. Let’s take a closer look at what the principal statement should include:
- Employer’s Name: The full legal name of the employer should be clearly stated.
- Employee’s Name: The full name of the employee or worker must be mentioned.
- Job Title: The job title or a clear description of the work that will be performed.
- Start Date: The date when the employment contract begins.
- Pay: Details about the employee’s salary, including the amount, frequency, and any additional benefits or allowances.
- Working Hours: The number of hours the employee is expected to work per week or the hours and days of work if they vary.
- Holiday Entitlement: The number of days or hours the employee is entitled to take as paid annual leave.
- Workplace Location: The physical location where the employee will carry out their duties.
- Benefits: Any additional benefits or perks that the employee will receive as part of their employment.
- Training: Details about any training or development opportunities that will be provided to the employee.
- Probation Period: If applicable, information about any probationary period and its duration.
For employees, it is important to note that the principal statement should also include the start date of any previous job that contributes to their continuous employment. This ensures that their employment rights and entitlements are properly recognized.
To give you a better understanding, here’s an example of how a principal statement could be structured:
| Item | Information |
|---|---|
| Employer’s Name | [Employer’s Name] |
| Employee’s Name | [Employee’s Name] |
| Job Title | [Job Title] |
| Start Date | [Start Date] |
| Pay | [Pay Details] |
| Working Hours | [Working Hours] |
| Holiday Entitlement | [Holiday Entitlement] |
| Workplace Location | [Workplace Location] |
| Benefits | [Benefits] |
| Training | [Training Details] |
| Probation Period | [Probation Period] |
Having a clear and comprehensive principal statement ensures that both employers and employees are on the same page regarding the terms of employment. It is vital for establishing a transparent and mutually beneficial working relationship.
Other Information on Day One
On the first day of employment, we are also required to provide additional information to you as an employee or worker. This includes important details about sick pay and procedures, as well as other types of paid leave such as maternity or paternity leave. It’s crucial for you to understand the notice periods that apply in various situations. These provisions ensure that both you and the employer are aware of the necessary steps to be taken regarding time off.
In order to provide this information, we have two options. We can include it in the principal statement, or we can provide it in a separate document. If we choose to give it separately, we will ensure that it is easily accessible to you. For example, we may make it available on our intranet so that you have reasonable access to it.
“The principal statement may cover sick pay and procedures, notice periods, and other types of paid leave. If provided in a separate document, it must be easily accessible to the employee.”
| Information | Location |
|---|---|
| Sick pay and procedures | Principal statement or separate document |
| Other types of paid leave (e.g., maternity or paternity leave) | Principal statement or separate document |
| Notice periods | Principal statement or separate document |
By providing this information on day one, we aim to ensure that you have a clear understanding of your entitlements and rights as an employee. We believe in transparency and want to make sure that you have access to all the necessary information.
The Wider Written Statement
Within two months of starting employment, your employer is required to provide you with a wider written statement in addition to the principal statement. This wider written statement includes important information that further clarifies your employment terms and conditions.
Let’s take a closer look at what the wider written statement may cover:
Pensions and Pension Schemes: The wider written statement may outline details about the pension scheme offered by your employer. This can include information about contributions, retirement age, and any additional benefits.
Collective Agreements: If your workplace is covered by a collective agreement negotiated between your employer and a trade union, this agreement should be included in the wider written statement. Collective agreements outline terms and conditions that apply to all employees within the bargaining unit.
Non-Compulsory Training Opportunities: Your employer may provide opportunities for non-compulsory training to enhance your skills and knowledge. These training programs and courses can be detailed in the wider written statement along with any relevant information, such as eligibility criteria and reimbursement procedures.
Disciplinary Procedures: The wider written statement should include a clear outline of the disciplinary procedures that your employer follows. This ensures that you understand the process and your rights in case disciplinary action needs to be taken.
Grievance Procedures: Similarly, the wider written statement should explain the grievance procedures available to you if you have any concerns or complaints regarding your employment. This allows you to address issues with your employer in a fair and transparent manner.
Remember, the wider written statement is meant to provide you with additional information to help you understand the terms and conditions of your employment. It is important to review this document thoroughly, ask questions if needed, and keep a copy for your records.
To give you a visual overview, here is a summary table of the information covered in the wider written statement:
| Information | Description |
|---|---|
| Pensions and Pension Schemes | Details about the pension scheme offered by your employer, including contribution rates, retirement age, and benefits. |
| Collective Agreements | Information about any collective agreements that apply to your workplace, negotiated between your employer and a trade union. |
| Non-Compulsory Training Opportunities | Details about training programs and courses provided by your employer that are not mandatory but offer professional development opportunities. |
| Disciplinary Procedures | An explanation of the disciplinary procedures followed by your employer, ensuring transparency and fairness in case disciplinary action is necessary. |
| Grievance Procedures | Information about the grievance procedures available to you if you have any concerns or complaints regarding your employment. |
Understanding the wider written statement is essential for gaining a comprehensive understanding of your employment terms and conditions. It ensures that you are informed about important aspects such as pensions, collective agreements, non-compulsory training, disciplinary procedures, and grievance procedures. By familiarizing yourself with this document, you can protect your rights and make informed decisions throughout your employment.
Employment Contract and Written Statement
The employment contract is a legal agreement between the employer and the employee that encompasses various terms and conditions of employment. It outlines the rights, responsibilities, and obligations of both parties. While the employment contract is a crucial document, it is important to note that it is not the same as the written statement provided by the employer.
The written statement, also known as the terms of employment document, is a summary of the key terms and conditions outlined in the employment contract. It includes important details such as job description, pay, working hours, and disciplinary procedures. However, the employment contract may contain additional provisions that are communicated through other means, such as emails, job adverts, or verbal agreements.
It is essential to distinguish between the written statement and the full employment contract to understand the complete set of terms that govern the employment relationship. While the written statement provides an overview of the terms, it is the employment contract that holds the legal weight and protects the rights of both the employer and the employee.
| Employment Contract | Written Statement |
|---|---|
| Legally binding agreement | Summary of key terms |
| Includes all terms and conditions | Includes some terms and conditions |
| May contain additional provisions beyond the written statement | Provides an overview of key terms from the employment contract |
While the written statement covers essential information, it is worth noting that other contractual terms may be outlined in separate documents, such as job adverts, letters, emails, signed agreements, trade union agreements, or a staff handbook. These additional documents provide a comprehensive understanding of the contractual obligations and rights of both employers and employees.
Having a clear understanding of both the employment contract and the written statement is crucial for all parties involved. Employees can ensure that their rights are protected, and employers can uphold their obligations. It is recommended to consult legal professionals or seek expert advice to fully comprehend the terms and conditions outlined in the employment contract.
Statutory Rights
As employees, we have certain statutory rights that are protected by law. These rights are guaranteed to us regardless of whether they are explicitly mentioned in our employment contract.
Some of the key statutory rights that we are entitled to include:
- Pay Slips: We have the right to receive pay slips that outline the details of our earnings and deductions. Pay slips provide transparency and help us understand how our wages are calculated.
- National Minimum Wage: We are legally entitled to be paid at least the National Minimum Wage (or the National Living Wage if we are over the age of 25). This ensures that we receive fair compensation for the work we do.
- Holiday Entitlement: We have the right to a minimum number of paid holiday days each year. The specific entitlement may vary based on our employment contract and length of service, but we should always be granted a reasonable amount of time off to rest and recharge.
- Maternity Leave: If we are pregnant, we have the right to take maternity leave and receive statutory maternity pay. This allows us to take time off to prepare for the birth of our child and care for them in the early months.
- Parental Leave: In addition to maternity leave, we also have the right to parental leave. This can be taken by either parent to care for and bond with their child following birth or adoption.
It’s important to note that these statutory rights cannot be waived or overridden by our employment contract. They exist to ensure that we are treated fairly and have basic protections in the workplace.
To visually represent the importance of these statutory rights, here’s an image:
Contract Breaches
When an employer breaches the terms of the employment contract, it is essential to address the issue directly with them to seek resolution. There are several steps that can be taken to address contract breaches and protect your rights as an employee.
1. Discuss the Issue
Open communication is key to resolving any contract breaches. Start by discussing the problem with your employer, explaining your concerns and the specific breach that has occurred. This conversation may help clarify any misunderstandings and lead to a resolution without the need for formal action.
2. Raise a Formal Grievance
If discussing the issue directly does not resolve the problem, you may need to raise a formal grievance. This involves submitting a written complaint outlining the details of the contract breach and any supporting evidence you may have. Your employer should have a grievance procedure in place that outlines how to raise a formal grievance and the steps they will take to address it.
“Raising a formal grievance can help highlight the seriousness of the contract breach and prompt your employer to take appropriate action.”
3. Consider Constructive Dismissal
In cases of severe contract breaches, such as non-payment of wages or a significant change in working conditions, you may consider resigning and claiming constructive dismissal.
“Constructive dismissal occurs when an employer’s conduct breaches the employment contract to such an extent that the employee feels they have no option but to resign.”
However, it’s crucial to seek legal advice before taking this step, as constructive dismissal claims can be complex. An employment tribunal may need to determine whether the contract breach was significant enough to justify your resignation.
4. Seek Legal Advice
If you are facing contract breaches and are unsure how to proceed, it is advisable to seek legal advice from an employment law expert. They can assess your situation, advise you on your rights, and guide you through the appropriate steps to take.
Dealing with contract breaches can be challenging, but it is crucial to take action to protect your rights as an employee. By addressing the issue directly, raising a formal grievance if necessary, and seeking legal advice when needed, you can assert your rights and seek appropriate remedies for any pay problems or grievances that may arise.
Additional Contract Terms
While the written statement of terms provides essential information about your employment, there may be additional contract terms that are outlined in separate documents. These additional documents play a crucial role in defining your rights and obligations within the employment relationship. It’s important to have access to these documents to understand the full extent of the contractual terms.
Here are some examples of the types of documents that may contain additional contract terms:
- Job advert: The job advert you responded to when applying for your position may include specific terms and conditions of employment.
- Letters or emails: Any correspondence you’ve received from your employer, such as offer letters or email exchanges, may outline important contractual terms.
- Signed agreements: If you’ve entered into any signed agreements with your employer, such as a confidentiality agreement or a non-compete agreement, these documents will contain additional contract terms.
- Trade union agreements: If your workplace is unionized, there may be collective agreements negotiated between the employer and the trade union that establish certain terms and conditions of employment. These agreements can impact your rights and obligations.
- Staff handbook: Many employers have a staff handbook or manual that provides comprehensive information about workplace policies, procedures, and expectations. This handbook typically includes important contractual terms that govern your employment.
Having access to these documents will help you gain a comprehensive understanding of your contractual rights and obligations. It’s important to review them carefully and seek clarification from your employer if you have any questions or concerns.
Example of Additional Contract Terms in a Staff Handbook
| Topic | Contractual Terms |
|---|---|
| Holiday Entitlement | Employees are entitled to 25 days of paid annual leave plus bank holidays. |
| Disciplinary Procedures | The company follows a three-stage disciplinary process, including verbal warnings, written warnings, and, in severe cases, termination of employment. |
| Conflict of Interest | Employees are required to disclose any potential conflicts of interest to their line manager and take appropriate steps to mitigate them. |
| Flexible Working | The company offers flexible working arrangements, allowing employees to request variations in their working hours or location. |
The table above shows an example of the contractual terms that may be outlined in a staff handbook. This document provides employees with detailed information about various aspects of their employment, ensuring transparency and clarity.
By familiarizing yourself with additional contract terms, you can ensure that you fully understand your employment rights and responsibilities. These terms, combined with the written statement of terms, create a comprehensive picture of your contractual obligations.
Probation Periods and Rights
If you find yourself in a probationary period, it is important to familiarize yourself with the contract terms that govern your rights and entitlements during this time. While the probation period allows for some flexibility, such as the ability for the employer to dismiss without following the full dismissal procedure, it is crucial to remember that your statutory rights remain intact.
During the probation period, you are still entitled to be paid at least the National Minimum Wage, ensuring fair compensation for your work. Additionally, you should also receive the minimum number of paid holiday days as required by law. These rights are protected by legislation and cannot be waived by the terms of the probationary contract.
“While the probation period may have certain conditions, it is critical to remember that your basic employment rights, such as being paid the National Minimum Wage and having paid holiday entitlement, should not be compromised during this time.”
By understanding your rights and entitlements during the probation period, you can ensure that you are being treated fairly and in accordance with the law. If you have any concerns or believe that your rights are being violated, it is advisable to seek legal advice or consult with an employment rights organization for further assistance.
| Probation Period Rights | Details |
|---|---|
| National Minimum Wage | Employers must pay employees at least the National Minimum Wage, regardless of their probationary status. |
| Paid Holiday | Employees are entitled to the minimum number of paid holiday days as specified by law, even during the probation period. |
Conclusion
Understanding the written statement of terms is essential in ensuring that employees and workers are knowledgeable about their rights and obligations within their employment relationship. By familiarizing themselves with the principal statement, wider written statement, and the distinction between the written statement and the full employment contract, individuals can ensure that they are adequately informed about their working conditions.
Having a clear understanding of the written terms empowers employees and workers to take appropriate action in case their rights are violated. Whether it’s ensuring fair pay, adequate holiday entitlement, or a safe working environment, being aware of their rights allows individuals to protect their interests and stand up for their employee rights and obligations.
Employers also have a responsibility to provide accurate and comprehensive written statements of terms to their employees and workers. By fulfilling this obligation, employers foster transparency and trust in the employment relationship, promoting a positive work environment where rights are respected and obligations are fulfilled.
FAQ
What is a written statement of terms?
A written statement of terms is a document provided by an employer to an employee that outlines the main conditions of their employment. It is not an employment contract but serves to inform individuals about their rights and duties.
What information should be included in the principal statement?
The principal statement must include essential information such as the employer’s and employee’s names, job title or description of work, start date, pay details, working hours, holiday entitlement, workplace location, benefits, training provisions, and any probation period.
What other information should be provided on the first day of employment?
On the first day of employment, the employer must provide additional information about sick pay and procedures, other types of paid leave, and notice periods. This information can be included in the principal statement or provided in a separate document.
What additional information should be included in the wider written statement?
The wider written statement may cover details about pensions and pension schemes, collective agreements, non-compulsory training opportunities, and disciplinary and grievance procedures.
What is the difference between the employment contract and the written statement?
The written statement provided by the employer includes some of the terms of the employment contract. However, the contract may also include other terms that are communicated through other means. It is important to distinguish between the two to understand the full extent of the contractual terms.
What are statutory rights and how are they protected?
Statutory rights are protected by law and include receiving pay slips, being paid at least the National Minimum Wage, entitlement to a minimum number of paid holiday days, and the ability to take maternity leave and other types of parental leave. These rights cannot be waived by the employment contract.
What can I do if my contract is breached?
If your employer breaches the terms of your contract, it is important to address the issue directly with them and attempt to resolve it through discussions or by raising a formal grievance. In serious cases, you may consider resigning and making a claim of constructive dismissal to an employment tribunal.
Are there any other documents that outline contract terms?
Yes, other contract terms may be outlined in separate documents such as job adverts, letters or emails sent by the employer, signed agreements, trade union agreements, and staff handbooks. Access to these documents is important to understand the full extent of the contractual terms.
What are my rights during a probationary period?
During a probationary period, employees still have statutory rights, including being paid at least the National Minimum Wage and receiving the minimum number of paid holiday days. However, the probation period may grant some flexibility, such as the ability to dismiss without following the full dismissal procedure.
Why is it important to understand the written statement of terms?
Understanding the written statement of terms is vital for both employees and workers to know their rights and obligations within their employment relationship. By being aware of the principal statement, wider written statement, and the distinction between the written statement and the full employment contract, individuals can ensure that they are adequately informed and can take appropriate action if their rights are violated.
