Whilst there is no statutory requirement to have written contracts in place, section 1 of the Employment Rights Act 1996 provides that an employer must provide certain written particulars of employment to employees whose employment lasts for at least one month. The written particulars must be provided within 2 months of the employee commencing employment.
If an employer fails to provide a statement of written particulars, provides an incomplete statement, or fails to notify the employee of a change in their terms of employment, the employee can apply to the Tribunal for a determination as to what the terms of their employment were, or ought to have been.
If, during the course of Employment Tribunal proceedings, it becomes apparent that an employer has failed to provide an employee with written particulars of employment, the Tribunal can award 2 or 4 weeks' gross pay to the employee.
13 Nov 2018
Employment & HR
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