Contract of employment

Q. A member who despite being hired as a permanent employee three months ago, still has not been given a contract of employment. What can be done?

A. Certainly a contract already exists — even if some of the terms are oral and need to be verified by reference to what has already taken place or by reference to the terms of others in equivalent positions.

Additionally, the employer is obliged to set out certain information in writing for the individual employee.

Specifically, where a period of employment lasts more than two months, the individual will be entitled to a written statement of particulars (something which is equivalent to, although not quite the same as, a contract). Under section 1 of the 1996 Employment Rights Act, this should provide extensive information on matters such as pay, hours, holidays, sick pay, pensions and period of notice.

This key written information must be provided within two months of the employee starting work: even if provided a day late, the right will have been infringed.

However, although the employee will be able to bring a complaint to an employment tribunal, they will need to have another substantial claim. In other words, a complaint about a failure to provide a written statement is not a stand-alone claim, and the complaint will only be heard if it is brought in conjunction with another claim, such as for unfair dismissal.