statement of initial employment particulars
1. - (1) Where an employee
begins employment with an employer, the employer shall give to the employee a
written statement of particulars of employment.
(2) The statement may (subject
to section 2(4)) be given in instalments and (whether or not given in
instalments) shall be given not later than two months after the beginning of
the employment.
(3) The statement shall contain
particulars of-
(a) the names of the
employer and employee,
(b) the date when the
employment began, and
(c) the date on which the
employee's period of continuous employment began (taking into account any
employment with a previous employer which counts towards that period).
(4) The statement shall also
contain particulars, as at a specified date not more than seven days before the
statement (or the instalment containing them) is given, of-
(a) the scale or rate of
remuneration or the method of calculating remuneration,
(b) the intervals at
which remuneration is paid (that is, weekly, monthly or other specified
intervals),
(c) any terms and
conditions relating to hours of work (including any terms and conditions
relating to normal working hours),
(d) any terms and
conditions relating to any of the following
(e) the length of notice
which the employee is obliged to give and entitled to receive to terminate his
contract of employment,
(f) the title of the job
which the employee is employed to do or a brief description of the work for
which he is employed,
(g) where the employment
is not intended to be permanent, the period for which it is expected to
continue or, if it is for a fixed term, the date when it is to end,
(h) either the place of
work or, where the employee is required or permitted to work at various places,
an indication of that and of the address of the employer,
(j) any collective
agreements which directly affect the terms and conditions of the employment
including, where the employer is not a party, the persons by whom they were
made, and
(k) where the employee is
required to work outside the United Kingdom for a period of more than one
month-
(5) Subsection (4)(d)(iii) does
not apply to an employee of a body or authority if-
(a) the employee's
pension rights depend on the terms of a pension scheme established under any
provision contained in or having effect under any Act, and
(b) any such provision
requires the body or authority to give to a new employee information concerning
the employee's pension rights or the determination of questions affecting those
rights.
Statement of initial
particulars: supplementary
2. - (1) If, in the case of a
statement under section 1, there are no particulars to be entered under any of
the heads of paragraph (d) or (k) of subsection (4) of that section, or under
any of the other paragraphs of subsection (3) or (4) of that section, that fact
shall be stated.
(2) A statement under section 1
may refer the employee for particulars of any of the matters specified in
subsection (4)(d)(ii) and (iii) of that section to the provisions of some other
document which is reasonably accessible to the employee.
(3) A statement under section 1
may refer the employee for particulars of either of the matters specified in
subsection (4)(e) of that section to the law or to the provisions of any
collective agreement directly affecting the terms and conditions of the
employment which is reasonably accessible to the employee.
(4) The particulars required by
section 1(3) and (4)(a) to (c), (d)(i), (f) and (h) shall be included in a
single
(5) Where before the end of the
period of two months after the beginning of an employee's employment the
employee is to begin to work outside the United Kingdom for a period of more
than one month, the statement under section 1 shall be given to him not later
than the time when he leaves the United Kingdom in order to begin so to work.
(6) A statement shall be given
to a person under section 1 even if his employment ends before the end of the
period within which the statement is required to be given.
Note about disciplinary
procedures and pensions.
3. - (1) A statement under
section 1 shall include a note-
(a) specifying any
disciplinary rules applicable to the employee or referring the employee to the
provisions of a document specifying such rules which is reasonably accessible
to the employee,
(b) specifying (by
description or otherwise)-
(c) where there are
further steps consequent on any such application, explaining those steps or
referring to the provisions of a document explaining them which is reasonably
accessible to the employee.
(2) Subsection (1) does not
apply to rules, disciplinary decisions, grievances or procedures relating to
health or safety at work.
(3) The note need not comply
with the following provisions of subsection (1)-
(a) paragraph (a),
(b) in paragraph (b),
sub-paragraph (i) and the words following sub-paragraph (ii) so far as relating
to sub-paragraph (i), and
(c) paragraph (c),
if on the date when the
employee's employment began the relevant number of employees was less than
twenty.
(4) In subsection (3) "the
relevant number of employees", in relation to an employee, means the
number of employees employed by his employer added to the number of employees
employed by any associated employer.
(5) The note shall also state
whether there is in force a contracting-out certificate (issued in accordance
with Chapter I of Part III of the Pension Schemes Act 1993) stating that the
employment is contracted-out employment (for the purposes of that Part of that
Act).
Statement of changes
4. - (1) If, after the material
date, there is a change in any of the matters particulars of which are required
by sections 1 to 3 to be included or referred to in a statement under section
1, the employer shall give to the employee a written statement containing
particulars of the change.
(2) For the purposes of subsection
(1)-
(a) in relation to a
matter particulars of which are included or referred to in a statement given
under section 1 otherwise than in instalments, the material date is the date to
which the statement relates,
(b) in relation to a
matter particulars of which-
(c) in relation to any
other matter, the material date is the date by which a statement under section
1 is required to be given.
(3) A statement under subsection
(1) shall be given at the earliest opportunity and, in any event, not later
than-
(a) one month after the
change in question, or
(b) where that change
results from the employee being required to work outside the United Kingdom for
a period of more than one month, the time when he leaves the United Kingdom in
order to begin so to work, if that is earlier.
(4) A statement under subsection
(1) may refer the employee to the provisions of some other document which is
reasonably accessible to the employee for a change in any of the matters
specified in sections 1(4)(d)(ii) and (iii) and 3(1)(a) and (c).
(5) A statement under subsection
(1) may refer the employee for a change in either of the matters specified in
section 1(4)(e) to the law or to the provisions of any collective agreement
directly affecting the terms and conditions of the employment which is
reasonably accessible to the employee.
(6) Where, after an employer has
given to an employee a statement under section 1, either-
(a) the name of the
employer (whether an individual or a body corporate or partnership) is changed
without any change in the identity of the employer, or
(b) the identity of the
employer is changed in circumstances in which the continuity of the employee's
period of employment is not broken, and subsection (7) applies in relation to
the change, the person who is the employer immediately after the change is not
required to give to the employee a statement under section 1; but the change
shall be treated as a change falling within subsection (1) of this section.
(7) This subsection applies in
relation to a change if it does not involve any change in any of the matters
(other than the names of the parties) particulars of which are required by
sections 1 to 3 to be included or referred to in the statement under section 1.
(8) A statement under subsection
(1) which informs an employee of a change such as is referred to in subsection
(6)(b) shall specify the date on which the employee's period of continuous
employment began.
Exclusion from rights to
statements.
5. - (1) Sections 1 to 4 apply
to an employee who at any time comes or ceases to come within the exceptions
from those sections provided by sections 196 and 199, and under section 209, as
if his employment with his employer terminated or began at that time.
(2) The fact that section 1 is
directed by subsection (1) to apply to an employee as if his employment began
on his ceasing to come within the exceptions referred to in that subsection
does not affect the obligation under section 1(3)(b) to specify the date on
which his employment actually began.
Reasonably accessible document
or collective agreement
6. In sections 2 to 4 references
to a document or collective agreement which is reasonably accessible to an
employee are references to a document or collective agreement which-
(a) the employee has
reasonable opportunities of reading in the course of his employment, or
(b) is made reasonably
accessible to the employee in some other way.
Power to require particulars of
further matters
7. The Secretary of State may by
order provide that section 1 shall have effect as if particulars of such
further matters as may be specified in the order were included in the
particulars required by that section; and, for that purpose, the order may
include such provisions amending that section as appear to the Secretary of
State to be expedient.
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