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| Employment Terms & Conditions |
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The terms and conditions of employment form the very base upon which the employer employs and administers it's work-force. Used effectively they can be a valuable tool to help the relationship.
- the law
- contents of the statement
- references to handbooks etc.
- changes to terms and conditions
- contracts of employment
the law
The law states that employers must give their employees a written statement of their terms and conditions of employment within 8 weeks of taking the employee on. The only exception is where an employee is taken on for less than a month, when terms and conditions need not be given.
contents of the statement
The law goes further and defines what should be included in the statement:
- the names of the employer and the employee
- the date on which employment commences
- the wages or salary and at what interval they will be paid
- hours of work
- holiday entitlement
- sick leave and sick pay entitlements
- pensions entitlement
- notice periods for both sides for termination of employment
- the job title and a brief job description
- if the position is not permanent, the period for which employment is expected to continue, or end
- the place of work
- the existence of any collective agreements which affect the employee
In addition, there should be a note giving details of the employers disciplinary rules and grievance procedures.
If there is no information to be given under any of the headings (for example if the employee has no pension entitlement), the statement must say so.
references to handbooks etc.
If an employer's conditions of working are detailed in a staff handbook, there is no need to repeat them for each individual employee. Reference can be made to the handbook, providing the handbook is easily accessible. In the same way, a term can refer the employee to law for details (for example, the Statement may state that Statutory Maternity Leave provisions apply).
changes to terms and conditions
If any of the changes to the terms detailed in the statement change, the employee should be notified in writing of the changes as soon as possible, and in any case no later than a month after they have taken place.
contracts of employment
The best place for the Terms and Conditions to be listed is in a contract of employment. Employers drafting a contract of employment have the opportunity to include additional details over and above those required by law which nevertheless govern the working relationship. The most important of these are the Disciplinary and Grievance procedures, which are always essential. A failure to follow these procedures will render a dismissal unfair.
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