Down Arrow

Failure to give statement of particulars of employment

15 August 2017
Under section 1 of the Employment Rights Act (ERA 1996), employers must provide employees whose employment is to continue for more than one month with a written statement of certain terms of their employment. If the employer fails to do so, then an employee can include this breach as part of a substantive claim they may have, such as a claim for unfair dismissal. Where the substantive claim is successful, and at the time the claim was brought the employer was in breach of their duties under s1 of the ERA 1996, the tribunal must make an award equivalent to two weeks' pay. Alternatively, if the tribunal considers it is just and equitable to do so, it can make an award equivalent to four weeks' pay. In the case of either award, the amount is subject to the statutory limits which can be found below:
  Limit on two weeks' pay Limit on four weeks' pay
6 April 2017-5 April 2018 £978 £1,956
6 April 2016-5 April 2017 £958 £1,916
6 April 2015-5 April 2016 £950 £1,900
6 April 2014-5 April 2015 £928 £1,856

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