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Written Terms Notes

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Written notification of terms Stransky - no formalities attach to the formation of the contract of employment at common law. Defnition of the contract of employment for statutory purposes which makes clear that may be either express or implied and, if it is express, either oral or in writing (ERA 1996 s230(2)). Legislation has superimposed a duty upon the employer to provide the employee with written information concerning particulars of employment, including certain terms of the contract and certain statutory rights. The scope of the statutory written instrument Right to written statement - aims to reduce the disputes over contract terms and the formalisation of procedures at the level of the individual company or establishment. Scope of employer's duty widened by IRA 1971 and EPA 1975 to include reference to job title and to disciplinary and grievance procedures. TURERA 1993 implementing Directive 91/533 - designed to provide employees with improved protection against possible infringements of their rights and to create greater transparency on the labour market. Obligation to give details of collective agreements afecting the employment relationship. Right to invoke a reference document limited. Information which must be contained in a single document ERA 1996, s1 - employer must issue a written statement of particulars of employment as a single document containing basic information - names of parties, date on which employment began and date on which employee's continuous employment began. Information about certain terms and particulars of employment: scale or rate of remuneration or methods of calculating it; intervals at which it is paid, hours of work and normal working hours, holidays, job title, employee's place of work. Information which may be contained in a separate document issued to the employee Separate document - concerning the period for which contract is expected to continue or the date fxed for it to come to an end; any collective agreements which directly afect the terms and conditions of the employment including, where the employer is not a party, the persons by whom they were made; and where the employee is required to work outside the UK for more than one month, details of the time to be spent working abroad, the currency he will be paid in and terms and conditions relating to return. Information which may be contained either in a written statement or in another reasonably accessible document S6 - particulars relating to incapacity for work, occupational pension schemes and benefts; details of the length of notice which the employee is entitled to receive and which he is required to give may be provided by way of reference to the relevant law (ss86 - of ERA 1996) or to any relevant collective agreement which must be accessible to the employee- reasonable opportunity to read or made reasonably accessible.

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