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Statutory Requirement to Provide Employees with Written Particulars- 04/10/2010
Statutory requirement to provide employees with written particulars of their employment does not apply if the employee’s contract commenced before 13th November 1993.
A lady had been employed by Perfumes Givenchy Limited on a perfume counter at Selfridges in London since 1984. In August 2008 she was made redundant. One of the claims she brought was that her employer had not provided her with her written particulars of employment as required under s.1 of the Employment Rights Act 1996 (“the Act”).
The EAT stated that s.1 of the Employment Rights Act 1996 only applies to those employees whose employment begins “after 13th November 1993.” As the employee’s contract commenced in 1984 the Act did not apply and therefore the employer did not have to pay compensation to the employee for failure to provide her with a statement of employment particulars.
Whilst the case may give limited comfort to those employers who do not provide a statement of employment particulars/contract of employment to their employees it is not a case we suggest employers follow. Indeed it is good practice to provide a statement of employment of employment particulars or a contract of employment so the parties are clear on the essential terms such as notice, pay holiday pay etc. Further it is questionable how long this case will remain good law. The intention of the Employment Rights Act 1996 is quite clear that it is trying to force employers to provide statements of employment particulars to all their employees within 8 weeks’ of commencement of their employment. Therefore the case at present would be a defence to those employers whose employees commenced employment with them before 13th November 1993 and had failed to provide a statement of employment particulars or a contract of employment. However, it is not good practice to do so and all employees should be provided with a contract or a statement of employment particulars in any event.