Written terms and conditions

21st May 2019

Written terms and conditions

Section 1 of the Employment Rights Act 1996 requires that employers provide their employees with a written statement of their terms of employment within two months of starting work. Employees are entitled to be awarded additional compensation when bringing other claims in the employment tribunal (such as unfair dismissal and unlawful deduction from wages) if the employer is in breach of section 1 at the time that their claim is submitted to the tribunal.

In Govdata v Denton, the employee was employed by Govdata but was not given a section 1 statement until 5 months after commencing employment with them had elapsed. After his employment ended, the employee brought numerous claims including unlawful deduction from wages. The employment tribunal upheld those claims and awarded compensation, which included additional compensation because of the breach of section 1. The employer appealed.

The Employment Appeal Tribunal said that additional compensation can only be awarded if the employer is still in breach of section 1 by the time proceedings start, which wasn’t the case here.

The employer in this case provided the employee with his section 1 statement just in time. From April 2020, both workers and employees will have the right to a section 1 statement from day 1.

If you have any queries about terms and conditions or would help to draft or review them, contact Andrew West on 01473 298102 or email andrew.west@gotelee.co.uk.

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