: Examine employment rights and how those rights impact on a business and its employeesB: Investigate the importance of equality within the workplace and the influence of support organisations
Introduction
• What is your report going to be about?
Employment Contracts & the Written Statement of Employment Particulars
Things to cover under this section (please split up your work in paragraphs and use
subheadings):
• What is a contract of employment? (When giving the definition distinguish between a
contract of employment and a contract for a service such as with an independent
contractor).
• What is the written statement of employment particulars? (Ensure you mention the
Employment Rights Act 1996 as the first section of this Act made it a requirement for
employers to provide every employee with a written statement). What is the difference
between the written statement and the employment contract? When does the written
statement have to be provided to employees?
• What information must the written statement and employment contracts include?
(Refer to section 1 of the Employment Act 1996 as that sets out the necessary
, information that needs to be in the written statement). Also, make sure you distinguish
between the ‘principal’ statement and the ‘wider’ statement. If an employee or worker
has to work outside the UK for more than a month, what else must the principal
statement also include?
• Now we must refer to two of the scenarios in the brief in order to achieve the P1.
Start with the first scenario regarding Peter:
“…He was asked to start on 1.9.2020 at 8.30 am, at their Luton branch. He was told that
his annual salary would be £20,000 and that he was entitled to 3 week’s holiday per
year. He started work as agreed, having received no formal written confirmation or
contract of employment. On 30.10.2020, he received a written statement in the post
which stated his employer, his start date, the store address and where he should go to
get advice on any grievance.”
What is wrong with the above section of the first scenario? Ask yourself, when did he
receive the written statement? Is it in keeping with when employees should receive the
written statement as according to the section 1 of the Employment Act?
In addition, is the information Peter received on his written statement in keeping with
what information should be on there as according to section 1 of the Employment Act
1996?
In conclusion, did Peter’s employer provide the necessary information on the written
statement and was it provided to Peter in time?
• Next, we refer to the scenario regarding Saif.
“…A week after the interview he received written confirmation of what was agreed to at
the interview: the start date, the pay, and procedures for grievance and disciplinary
matters. He receives nothing further in writing”.
Is the information which Saif’s employer gave him in a written ‘confirmation’ before he
started his job include all the necessary information which it is required to according to
section 1 of the Employment Act 1996?
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