Statement of written particulars

ESP Law senior solicitor Arwen Makin spoke to CIPHR to outline how amendments to statement of particulars would affect employers and HR teams over the coming year. In case you missed it, you can catch up below.

Employers are currently obliged to provide employees with a written statement containing certain statutory particulars, no later than two months after their employment begins.

However, the implementation of the government’s ‘Good Work Plan’ means that from 6th April 2020, this information – and more – will need to be given in a single statement, to both workers and employees, prior to any contract commencing. Here’s an overview of the changes to be aware of:

  1. The majority of written particulars must be provided in a single document on or before the date on which employment starts.
     
  2. Exceptions relate to pensions, collective agreements, training, disciplinary and grievance procedures, information about which must be given in the first two months.
     
  3. Sick pay, paid leave, pensions and any training entitlement can be in a separate document but referred to.
     
  4. There will no longer be any minimum service requirement. A written statement of particulars – it is now a ‘day one’ right.

The statement will now also be required to contain the following additional particulars:

  • The days of the week the worker is required to work, whether the hours may be variable and how any variation will be determined.
  • Any paid leave to which the worker is entitled.
  • Details of any other benefits provided by the employer that are not already included in the statement.
  • Any probationary period, including any conditions and its duration.
  • Any training entitlement provided by the employer, including whether any training is mandatory and/or must be paid for by the worker.
     

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Author: Arwen Makin

Senior Solicitor, ESP Law Ltd

After studying law at Cambridge University, Arwen trained at leading national law firm Mills & Reeve, qualifying into their employment team in 2002. Arwen has extensive employment law experience, having advised both employers and employees on a wide range of employment issues. Prior to joining ESP she previously worked for a number of years providing advice and representation to both trade unions and their members, and has a particular expertise in the education sector. Due to her diverse experience she is ideally placed to give advice in relation to professional conduct and regulatory matters.