We have put together a 5-part series of blogs in which we will explore the basics and fundamentals of employment law. Today’s focus is Section 1 statements.
It is critical for all HR officials and businesses to have a sound foundation in employment law so as to limit risk and avoid disputes …so let’s get the basics right!
Section 1 statement of particulars of employment – the basics you need to know
In this part of blog, we will focus on the written statement of certain particulars of employment to be provided to employees (and, from 6 April 2020, workers)
Section 1 statements: overview
Employers are currently obliged to provide employees whose employment is to continue for more than one month with a written statement of certain terms of their employment. From 6 April 2020, there will be no minimum service requirement.
It must be given to employees no later than two months after their employment begins, even if the employment terminates before the end of the two-month period.
Particulars that must be given in a single document (the principal statement)
The following information is required to be given in the principal statement:
From 6 April 2020, additional particulars must also be provided to all workers in the principal statement:
Enforcement and remedies
An employee may make a complaint to an employment tribunal where an employer:
Where an employee has no other successful substantive claim, their sole remedy will be a declaration from the employment tribunal either:
However, where the employee has successfully brought a substantive claim in such circumstances the tribunal must make an award of the minimum amount (two weeks' pay) unless there are "exceptional circumstances" which would make such an award "unjust or inequitable". The tribunal may award the higher amount (four weeks' pay) if it considers it just and equitable in all the circumstances. The statutory cap on a week's pay applies.
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Partners Employment Lawyers is not a firm of solicitors. Members or Partners Employment Lawyers are consultants at Excello Law Limited and legal services are provided by Excello Law Limited which is authorised and regulated by the Solicitors Regulation Authority under SRA number 512898 https://excellolaw.co.uk/