Statement of Particulars of Employment
The written statement provided to new employees must contain the particulars set out below. If there is no information to provide in relation to any of the points below then this fact should be stated.
- The names of the employer and employee.
- The date when the employment began.
- 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).
An employee's period of continuous employment usually begins when: (a) they start work for the employer; (b) when they turn 18 (if later); or (c) when they started work for a business which was taken over by the employer (if earlier).
- Details of the employee's salary/wages (note the National Minimum Wage).
- The intervals at which the employee is paid (eg weekly or monthly).
- Detail of working hours and any terms relating to hours of work (note the Working Time Regulations).
- Entitlement to holidays, including public holidays, and holiday pay. This needs to be set out in sufficient detail so that the employee can calculate how many days holiday and how much holiday pay they will receive, and also how much money they would receive for untaken holidays if and when they leave their job (note the Working Time Regulations).
- Entitlement to sick leave and sick pay. The statement can refer to a separate sick pay policy, for example in the employer's staff handbook.
The statement could simply state that the employee will receive Statutory Sick Pay only (the minimum amount that the employer is obliged to pay by law).
- Details of the employer's pension and pension scheme arrangements. The statement can refer to a separate document, such as a staff handbook, in which the details are provided.
Please note that employers with less than 5 employees are exempt from the requirement to provide a pension scheme arrangement for employees. Employers with more than five employees have to provide those employees with access to a Stakeholder Pension Scheme if those employees do not have the right to join an occupational pension scheme or a group pension scheme.
- The length of notice which the employee is obliged to give to terminate his employment.
If the employee is a member of a trade union, the statement may refer to an agreement with that union about notice periods.
- The length of notice the employee is entitled to receive if the employer wants to terminate his employment.
The statement may simply refer to the notice period required by law. If the employee is a member of a trade union, the statement may refer to an agreement with that union about notice periods.
- The employee's job title or a brief description of the work that he is employed to carry out.
- 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.
- Either the place of work or, where the employee is required or permitted to work at various places, an indication of that and the address of the employer.
- Any Trade Union agreement which directly affects the terms of the employment including, where the employer is not a party, the persons by whom the agreement was made. The employee should be provided with easy access to the Trade Union agreement (eg give the employee a copy).
- Where the employee is required to work outside the United Kingdom for a period of more than one month:
- the period for which he is to work outside the United Kingdom,
- the currency in which he is to be paid while working outside the United Kingdom,
- any additional salary payable to him and any benefits to be provided to or in respect of him, by reason of his being required to work outside the United Kingdom, and
- any terms and conditions relating to his return to the United Kingdom.
- The name of a person to whom the employee can complain if they have a grievance relating to their employment, and the manner in which such a complaint should be made.
- If the company has more than 20 employees (including employees of associated businesses), the statement should also include a note of any disciplinary procedure applicable to the employee.
As an alternative, the statement could simply refer to a disciplinary procedure document which is accessible to the employee (eg a staff handbook provided to the employee).
The statement or disciplinary procedure document should set out:
- the name of a person to whom the employee can apply to if he is dissatisfied with any disciplinary decision made in relation to him.
- the name of a person to whom the employee can apply to if he has a grievance relating to his employment.
- the application procedure, including how the application should be made, and the procedural steps.
The above does not apply to discipline, grievance and procedures relating to health and safety at work.
- A note as to whether a contracting-out certificate is in force in relation to the employment (issued in accordance with Chapter I of Part III of the Pension Schemes Act 1993).
Employees can contract-out of the State Earnings Related Pension scheme (SERPS) / State Second Pension (SP2) scheme either by joining an appropriate Occupational Pension Scheme set up by their employer or by joining an Appropriate Personal Pension Scheme themselves.
There will not be a contracting-out certificate in force unless the employer has set up an appropriate Occupational Pension Scheme, or the employee has joined an Appropriate Personal Pension Scheme.
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