Employers continue to make mistakes about many of the employment laws that they are faced with. In the litigious environment we are now surrounded in every mistake is potentially costly, both to the business itself and to managers.
1. Employment Contracts:
The Terms of Employment (Information) Act 1994 provides that an employer is obliged to provide an employee with a statement in writing no later than two months after the commencement of employment containing the following particulars:
The full names of both employer and employee.
The address of the employer.
The place of work or alternatively a statement specifying that the employees are permitted to work in various places.
The title of the job and the nature of the work.
The date of commencement of the contract of employment.
In the case of temporary contracts, the expected duration or in the case of a fixed term contract the date on which the contract expires.
The rate of method of calculation of the employees remuneration and details as to what intervals the payment of remuneration will be made.
Any terms and conditions relating to the hours of work including overtime.
Any terms and conditions relating to paid leave (other than paid sick leave).
Any terms and conditions relating to sick leave or for payment due to incapacity as a result of injury.
Details of pensions or pension schemes.
The period of notice which the employee is required to give and entitled to receive whether by statute or contract.
Reference must be made to any collective agreements which directly affect the terms and conditions of the employee's employment.
Many difficulties would be avoided if the employer takes their time to get this statement correct as the written statement can avoid later arguments about what the employee's contract contains.
Any subsequent changes to the statement must be confirmed in writing with the employees. We recommend a carefully drafted contract but at