Can we still issue contracts of employment within two months of an employee starting?
What information must be provided from day one?
Since April 2020, all new employees and workers have a statutory right to receive a contract of employment setting out certain key employment terms on or before their first day of employment, regardless how long they are due to be employed for.
What must be included in the contract of employment?
- Names of the employer and employee or worker.
- Start date of employment or date engagement began.
- Date on which continuous employment began (for employees only).
- Job title or brief description of the work the employee or worker will do.
- Place of work, address of employer and whether an employee or worker is required or permitted to work at various locations.
- Rate of pay and frequency (weekly, monthly etc.) of payment.
- Terms and conditions relating to hours and days of work, including normal working hours, days of the week and whether hours or days are variable (and, if so, how they vary).
- Entitlement to holidays, including public holidays and holiday pay, also an explanation of how it’s calculated if the employee or worker leaves.
- Sick leave and pay (if this information is not included in the document, the employer must state where it can be found).
- Any other paid leave (if this information is not included in the document, the employer must state where it can be found).
- Any other benefits (including non-contractual benefits).
- Length of notice either party is required to give or receive to terminate contract.
- If applicable: Details of non-permanent employment or engagement (e.g. if it’s temporary or fixed-term).
- Any probationary period, including its conditions and duration.
- If the employee or worker is required to work outside the UK for over a month: arrangements for working outside the UK (including period, currency of pay, additional pay and benefits and return terms).
- Any training provided by the employer which the employee or worker is required to complete and any other required training in respect of which the employer will not bear the cost.
Any other information not specified above can be provided separately, within two months.
What if an employer fails to provide an employee with a contract of employment?
In certain circumstances an individual may be able to receive an award from an Employment Tribunal if an employer has not met its obligations in providing the information detailed above. This would need to be following a successful claim for a substantive matter, such as unfair dismissal or unlawful discrimination.
What should I do next as an employer?
If you need help with your contracts of employment why not get in contact with Kirsty Henderson, one of our HR Advisors.
First Published 2 July 2021
Last Updated 2 July 2021
2 July 2021
Find out more about Kirsty Henderson