8th April 2019
A Boss’s Duty To Tell Employees Their Terms Of Employment
It is fairly well known that every employee is entitled to receive a written statement of their particulars of employment within 2 months of starting work. This right comes from section 1 of the Employment Rights Act 1996, and consequently it is often known as a ‘Section 1 Statement’.
The particulars to be given include the name of the employer, the date the job starts, pay and hours, place of work, etc. The information required is often incorporated into a contract of employment, although it doesn’t have to be – a letter is enough.
There is an exception to this where the employee works for less than 1 month. (But that is due to be repealed by the Employment Rights Regulations 2018.) But what about where an employee is employed for less than 2 months (but more than 1 month)? Do they still have a right to a statement of particulars? A recent case considered this question.
The Claimant in the case Stefanko v Maritime Hotel was employed as waiting staff by a hotel for only 6 weeks. The Claimant complained of a failure to provide either a payslip or statement of employment particulars. The employer said that she had not been employed for 2 months, and so was not entitled to particulars of employment.
The Employment Tribunal said that the Claimant had worked continuously for at least 1 month, and so was indeed entitled to a statement of particulars. The Tribunal pointed to another part of the Act which says that the right to a statement of employment particulars exists even if a person’s employment ends before the 2 months are up (Section 2(6)).
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Stefanko v Maritime Hotel (2018)