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Written statement of particulars of employment

Employers should note that once an employee has completed one month of continuous employment they are entitled to a statement of particulars of employment, even where they have worked for less than two months.

In Stefanko and others v Maritime Hotel Ltd the claimants were employed under short term contracts. One claimant, a Ms Woronowicz, was only employed for only 6 weeks. Her claim for automatically unfair dismissal succeeded as her employers had failed to provide a statement of particulars of employment.

The EAT held that the Tribunal at first instance had overlooked section 2(6) ERA 1996. The EAT reiterated that the effect of sections 1, 2 and 198 is “to make the entitlement to a section 1 statement a time served right, applicable to employees with one month’s service, but thereafter, the employer is provided with a one month’s grace in which to supply the written statement. However, the obligation to provide the statement continues for employees with one month or more service, whether or not the employment relationship is ended in its second month”.

Currently section 198 ERA 1996 gives an exemption to short term contracts of less than one month. Employers should note that from 6 April 2020, The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 will be in force and from then onwards every new employee will have the right to a written statement of particulars of employment from day one.

Posted on 9 January, 2019 by Ortolan

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