Regular Employment

What you must do - law 1

The legal requirements – these are the MINIMUM standards you MUST implement on site to be legally compliant.

Law

In the UK (including Wales and Scotland), the key piece of legislation related to this issue are:

  • The employment Act 2002,
  • The Employment Relations Act 2004,
  • Fixed Term Employees Regulations (Prevention Of Less Favourable Treatment) Regulations 2002.

Contracts - this applies to all types of workers

Even if no written employment contract has been agreed before employment starts, a contract is automatically considered to come into existence as soon as an employee starts work and, by doing so, demonstrates that he or she accepts the job on the terms offered by the employer.

A worker employed for one month or more is entitled by law to be given, within two months of the date the employment starts, a written statement setting out the particulars of employment.

  • The names of the employer and the employee;
  • The date when the employment (and the period of continuous employment) began;
  • Job title or a brief job description;
  • Remuneration and the intervals at which it is to be paid;
  • Hours of work;
  • Holiday entitlement;
  • Entitlement to sick leave, including any entitlement to sick pay;
  • Pensions and pension schemes and state whether or not a pensions contracting-out certificate is in force for the employment in question
  • The entitlement of employer and employee to notice of termination;
  • Where it is not permanent, the period for which the employment is expected to continue or, if it is for a fixed term, the date when it is to end.
  • Either the place of work or, if the employee is required or allowed to work in more than one location, an indication of this and of the employer's address; and
  • Details of the existence of any relevant collective agreements which directly affect the terms and conditions of the employee's employment - including, where the employer is not a party, the persons by whom they were made.

The written statement must include:

  • The statement must also include a note giving certain details of the employer's disciplinary and grievance procedures.

If the employer wishes to make any changes to the terms and conditions listed above, at least one month notice must be given in writing. Alterations to the contract can only be made with the agreement of both parties.

A contract need not specify the number of hours to be worked each week. It may state that ‘hours of work will vary each week’.

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