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HR buddies

The Covent Garden HR Buddies is an initiative facilitated by Clarkslegal to offer the London HR community the opportunity to meet with like-minded peers, attend relevant seminars and workshops and boost your knowhow of the issues specific to this sector.
 
It’s free and open to anyone interested in HR. It sets its own agenda, so it can be purely social or facilitate presentations to help prevent HR problems for companies in the London area. So if you want to network face to face contact buddy@clarkslegal.com. Click here for further details about our next HR Buddies event.  

If, alternatively, you wish to network online with other HR professionals, then using the discussion forum below, is your ideal opportunity to do so.

Please feel free to post new queries or questions, and/or reply to ones already posted. All you have to do is register a few details, then you will be ready to post your thoughts.

You can post a new query by selecting the tab "new thread". To reply to a post, select that post and then choose the "reply" tab.
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  Discussions  Buddy's question time  Contract of emp...
 Contract of employment
 
cwoodhouse
4 posts
Joined
7/6/2007
Contract of employment
Posted: 17 Jan 08 9:50 PM
Our employment contract does not contain an employees job title and salary, but is covered within the cover letter which is set out with the contract...is this sufficient?
creynolds
103 posts
5th
Joined
12/12/2006
Re: Contract of employment
Posted: 21 Jan 08 10:10 AM Modified By creynolds on 1/21/2008 10:12:58 AM)

Buddy says:  Under section 1 of the Employment Rights Act 1996, employers are obliged to provide employees, whose employment is to continue for more than one month, with a written statement of certain terms of their employment (the required statutory particulars).  Often this is referred to as the "section 1 statement" and in practice tends to be set out in the contract of employment.

This written statement must be given to employees no later than two months after their employment begins. It may be given in instalments during the two-month period. However, certain of the particulars must be given in a single document.  This includes the following:

  • The names of the employer and employee
  • The date employment begins
  • Job title
  • Place of work
  • Salary
  • Hours of work
  • Holiday entitlement

On this basis it is recommended that you set out salary details and job title in the contract of employment as well as in your covering letter.  That way there can be no doubt that you are complying with s.1 ERA 1996.  Failure to comply with this section means that if an employee brings a successful claim against the company (such as for unfair dismissal), they will be awarded additional compensation of between 2 and 4 weeks' pay (currently capped at £310 but increasing to £330 per week from 1 February 2008).

Employer information:  The required statutory particulars of employment that are described below do not need to be included in a single document, and you may refer the employee to the provisions of another document, which is easily accessible to the employee. These details are usually set out in a staff handbook, which is often accessible on a company's intranet, or in a booklet given to the employee at the start of their employment.

  • Sickness
  • Termination of employment/notice provisions
  • Disciplinary & grievance procedure
  • Pension details
  • Details of any collective agreements

The information required under s.1 ERA 1996 is the bare minimum that employers are required to provide employees.  In practice, these terms tend to be supplemented by other provisions (for example, details of any bonus scheme, dress code, family leave entitlements etc.) set out in either the contract of employment or staff handbook. 

Further details about this matter can be found on buddy under the section relating to Contracts of Employment.
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