The Written Statement is a summary in writing of an employee’s main particulars of employment.
Before drafting the terms, employers need to familiarise themselves with the relevant legislation which relates to employee status, the rules governing written particulars, equal pay and the minimum wage, fixed-term and part-time work, flexible working, parental leave and working hours.
The express terms must comply with any minimum legal standards such as the right to paid holidays and the right to daily and weekly rest breaks.
The essential elements of the written statement of particulars of employment are set out in UK law. As of 6 April 2020, both workers and employees are entitled to receive written particulars from day one of their contract.
Content of the Written Terms
Some information must be included in one document while other information can be delivered separately.
Items to be included in the main document:
- Names of the employer and employee or worker.
- Date when employment or engagement began.
- Date on which continuous employment began (employees only).
- Job title or a brief description of the type of work the employee or worker is to do.
- Place of work and address of employer or an indication that an employee or worker is required or permitted to work at various locations.
- Length of notice the employee or worker is required to give and receive to terminate the contract.
- Scale or rate of remuneration, or the method of calculating the remuneration.
- Intervals at which remuneration is paid, that is, weekly, monthly or other specified intervals.
- Terms and conditions relating to hours and days of work, including any terms and conditions relating to normal working hours, days of the week and whether hours or days are variable (and, if so, how they vary).
- Terms and conditions relating to entitlement to paid holidays, including public holidays and holiday pay, in such a manner as to allow them to be precisely calculated.
- Terms and Conditions relating to Statutory Sick Pay (SSP) or Occupational Sick Pay (OSP, it is at employers discretion on whether to offer this to their staff, but if it is, it must be offered to ALL staff)
- Any other benefits (including benefits clearly specified as non-contractual) which are not covered elsewhere in the written statement.
- Details of non-permanent employment or engagement e.g. period of fixed-term contract.
- Terms and conditions relating to incapacity for work due to sickness or injury, including any provision for sick leave and pay.
Please note that with effect from 01 July 2022 – Following an assessment, the Statements of Fitness for Work (“fit notes”) can now be issued by a doctor, authorised nurses, occupational therapists, pharmacists and physiotherapists in general practice and hospital settings. For further information visit: Fit note - GOV.UK (www.gov.uk). - Terms and conditions relating to occupational pensions and pension schemes (can be provided within two months).
- Details of probationary period.
- Details of training which the employer requires the worker to complete.
Items that can be provided in a supplementary statement:
- Any other training entitlement (can be provided within 2 months).
- Disciplinary and grievance procedures (can be provided within 2 months
- Health and Safety Procedure
- Equal Opportunity Procedure
- Where the individual is required to work outside the UK for a period of one month or more, details of the time they are to work abroad, the currency they will be paid in, any additional remuneration payable and any benefits provided by reason of working outside the UK and any terms relating to their return to the UK.
Where there are no particulars to be entered under any of these headings, that fact should be stated, and all the above information should be given to the employee or worker.
Fixed term contact clause
Where the employment is not intended to be permanent, you should state when or in what circumstances it is expected to end. If the contract is for a fixed period, you should state the date when it is expected to end or the event which will bring the contract to an end. It is good practice to explain the reason why the employment is not intended to be permanent.
Examples of wording which can be used:
• The contract is fixed-term and will end on (insert date) when the funding ceases.
• The contract is fixed-term for a period of up to 1 year for the purpose of completing a project relating to (insert details). The contract will end on (insert date) or earlier on completion of the project.
• The contract is fixed-term for a period of up to 1 year to cover maternity leave. The contract will end when the post holder returns from maternity leave.
• The contract is fixed-term for a period of up to 1 year and will end ………..… (when a particular event occurs).
When a contract is for a fixed term period reference should also be made to the standard notice periods contained in the contract. This enables the employer to give notice of the termination of the contract prior to the end of the original fixed term should circumstances change.
For example: The contract is fixed-term for a period of up to 1 year for the purpose of completing a project relating to (insert details). The contract will end on (insert date) or earlier on completion of the project or in accordance with the notice periods stated at clause ………… of the contract.
If this is not made clear the employer may be liable to pay the employee for the remainder of the fixed term contract.
Signing the contractThere is no legal requirement that an employee should sign his or her written statement. However employees who are asked to sign the statement are more likely to have read and questioned its contents, and so there is less likelihood of future disputes over the terms of the employment.
It is normal to provide two copies, one to be signed and returned and one for the employee to retain. You should seek advice if an employee or prospective employee refuses to sign the document.
NB: There may be additional provisions you wish to include in the contract and advice may be sought from the District Lay Employment Secretaries or from HR Team at Methodist Church House.