All employees should be issued with a statement of main terms and conditions within two months of their start date.
There are certain pieces of information that must be contained within the statement of main terms and conditions, and these are set out in section one of the Employment Rights Act 1996.
If there are any changes to an employee’s terms and conditions, then this should be confirmed – in writing – to them as soon as possible, or at least within one month of any change.
During employment, if an employee hasn’t been issued with a statement of particulars, then they can apply to the tribunal to find out what those particulars should have been.
If an employee has left your employment, there are certain circumstances where they could bring a claim for failure to provide a statement of main terms and conditions.
However, they could only do that if they were bringing another claim – discrimination, unfair dismissal or loss of wages, for example.
They’d need to be successful with some other claim in order to receive an award for failure to provide a statement of particulars. If they were successful with both claims, then the employee would be awarded with either two or four weeks gross pay for the claim of failure to provide a statement of main terms and conditions.
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