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Particulars of Employment

Introduction

The Employment Rights Act 1996 requires certain basic terms of employment to be notified to all employees within two months of the employee commencing work. The contract of employment precedent incorporates the minimum requirements of the Act.

From:	____________________________ [name of employer] ('we' 'us' or 'the company')
To:	____________________________ [name of employee] ('you')

1. General
   The following particulars are given to you in accordance with the terms of the Employment Rights Act 1996.
2. Continuous employment
   1. Your period of continuous employment with us began on the ________ of ________ [year] ('the Employment').
   2. [No employment with a previous employer counts as part of your period of continuous employment.]
      OR
      [Your employment with [name of previous employer] which began on [date] will count as part of your continuous period of employment with us.]
   3. In accepting your appointment it shall be deemed that you have accepted all the terms and conditions set out in these Particulars of Employment.
   4. These Particulars of Employment annul any previous agreement whether verbal or written given to you at any time.
   5. The first 6 months of the Employment will be a probationary period. During this period your performance and conduct will be monitored. During the probationary period you will not be subject to the Company's disciplinary procedure. At the end of the probationary period your performance will be reviewed and if found satisfactory your appointment will be confirmed.
3. Place of work
   Your normal place of work will be ___________________________ .
4. Collective agreements
   There are no collective agreements relevant to your employment.
5. Job title/duties
   You are employed as a _________________ [job title]. You will be responsible to _________________ [name of immediate superior].
6. Remuneration
   1. You will be paid [weekly]/[monthly] by credit transfer to your bank account in arrears at the rate of £__________ gross per [week]/[month] (and proportionately for any lesser period each [weekly]/[monthly] instalment being deemed to accrue rateably from day to day).
   2. Your salary will be reviewed annually entirely at our discretion.
7. Hours of work
   1. Your normal working hours are between [9.00am] and [5.00pm] Mondays to Fridays inclusive with one hour for lunch [which must be taken between 12.00 noon and 2.00pm].
   2. In certain circumstances it may be necessary to adjust or exceed the hours in order to ensure that your duties in accordance with the terms of the Employment are properly performed subject to the Working Time Regulations 1998.
   3. You will be paid for any overtime worked in accordance with the requirements of subclause 7.2 on the following basis: [specify terms].
8. Absence from work
   1. In the event of your absence for whatever reason you or someone on your behalf should contact _______________ [name of person or job title] on the first day of the absence to inform [him]/[her] of the reason for your absence.
   2. If the absence is due to sickness an absence record form should be completed within 7 days from the commencement of the period of absence. The form will be supplied to you.
   3. A medical certificate signed by your doctor as to the reason for the absence must be handed or sent to ________________ [name of person or job title] if you are absent for any period of 7 consecutive days or more. A new medical certificate should be sent [each week] thereafter [periodically as required by the Company].
   4. For the purposes of the Statutory Sick Pay scheme the agreed 'qualifying days' are Monday to Friday.
   5. [There is no contractual right to payment in respect of periods of absence due to sickness or incapacity, but such payments are at the discretion of the Company.]
      OR
      [Provided you comply with the Company's sick pay requirements you will be paid your normal basic salary for ______ [number of days for which sick pay will be paid] in total in any calendar year.]
9. Holidays
   You are entitled to the following paid holidays:
   1. 8 statutory holidays, which are New Year's Day, Good Friday, Easter Monday, May Day, Spring Bank Holiday, Late Summer Bank Holiday, Christmas Day and Boxing Day, unless on any such Bank Holiday you are required to carry out your duties of the Employment, in which case you will be given another day's holiday in lieu of the Bank Holiday worked.
   2. ____ [number] working days holiday in each holiday year, accumulating at a rate of ____ [number] day(s) per completed month's employment. This entitlement is subject to the following subclauses of this Clause and shall be taken at times to be agreed with ______________ [name of person who should approve holiday periods]. Such agreement is to be obtained before you have committed yourself to bookings or any other alternative positive arrangements.
   3. The holiday year is the calendar year from _______ [start date] to _______ [end date] and you should take your holidays during this period. You will not be permitted to carry over unused holiday entitlement into a following holiday year except with the express written consent of the Company. You will not be entitled to payment for any unused holiday entitlement. [No holidays will be taken in the first three months of your employment.]
   4. You may not take as holiday more than ____ [10] working days consecutively out of your entitlement without the prior written consent of _____________________ [name of person].
   5. If you leave our employment with an outstanding holiday entitlement, you will, in addition to any other sums to which you may be entitled, be paid a sum representing salary for the number of days holiday entitlement outstanding. If you leave our employment having taken more than the accumulated holiday entitlement for the current holiday year then a sum equivalent to wages for the additional holiday taken will be deducted from any final payment to you and the balance will be paid to you. A day's holiday pay for these purposes will be 1/365 of you annual basic pay.
10. Pensions and health insurance
    1. [There is no pension scheme applicable to your employment.]
       OR
       [You will be permitted as soon as you are eligible to join the Company's contributory pension scheme (subject to the deed and rules from time to time in force) full details of which can be obtained from ___________________ [specify person].
    2. A contracting out certificate pursuant to the Pension Schemes Act 1993 is [not] in force.
11. Termination of Employment
    1. During the 6 months probationary period the notice required by either of us to terminate your employment will be one week.
    2. If your employment is confirmed, the notice required by either of us to terminate your employment will be:
       * one week's notice if you have been continuously employed for up to 2 years; and then
       * one week's notice for each completed year of employment from 2 completed years up to a maximum of 12 weeks notice.
    3. We reserve the right in our absolute discretion to pay you basic salary in lieu of notice.
    4. Nothing in these Particulars prevents us from terminating your employment summarily or otherwise in the event of any serious breach by you of the terms of your employment or in the event of any act or acts of gross misconduct by you.
12. Normal retirement date Your employment will automatically end and you will retire at the end of the month in which you reach the age of _____ [specify age].
13. Grievance procedures
    There are no formal grievance procedures in relation to your employment but if you have any question or grievance you may raise it with ______________________ [name of person or job title] who will also be responsible for considering any necessary measure(s).
14. Disciplinary procedures
    The disciplinary rules applicable to your employment are set out in the attached rules.

I accept these Particulars of Employment and the terms as set out herein.

Signed: ______________________________________
Dated: _______________________________________

Optional Clauses for Particulars of Employment

Place of employment

You are initially employed at __________________________ [specify employer's place of business where the employee is to be first employed] or any other place of business which the Company may acquire in the _____________________ [specify area].

Mobility
You will be required to travel on Company business anywhere in the UK.

Overtime
If you are required to work overtime you will be paid at the following rates: [specify the rates of pay to the period for overtime].

Bank Holidays
You are required to work on Bank and Public Holidays if required to do so by the Company. In the event you are required to do so, your will be given time off in lieu of the time worked.

Collective Agreements
Your employment is subject to the collective agreement between the Company and ___________________ [name of trade union]. Accordingly, the following terms and conditions of your employment will be agreed between the Company and _____________________________ [trade union]: [specify terms e.g. rate of pay, working conditions].

You will be notified of any changes to your terms and conditions of employment by means of the Company's employee notice boards. The collective agreement and the current terms agreed are available for inspection from _________________________ [name of person or job title].

Layoff
In view of the fluctuating nature of the Company's business the Company reserves the right to temporarily lay you off from work without pay or to reduce your normal working hours and to reduce your pay proportionately. The Company will give you as much notice as it can reasonably give of its need to take such action.

Disciplinary Procedures
The disciplinary guidelines are attached. These do not form part of your contract of employment.

Overseas work
You will be required to work at the Company's office in [territory and the office address] for a period of ____ months between ____________ and ____________
Whilst working outside the United Kingdom you will be paid at the rate of £ ________ for each month worked. Salary will be paid in _____________ [name of currency e.g. sterling] [into your bank account in accordance with the current instruction you have given] [in the currency local to the territory in which you are to work to any back account nominated by you].
You will also be entitled to certain additional benefits and allowances for the period of your overseas engagement. These are as follows [list benefits and allowances granted]:
Certain benefits and allowances for United Kingdom employees will be suspended for the period of the overseas engagement and are as follows [list benefits and allowances suspended]:

At the end of your engagement overseas your terms and conditions of employment will revert in all respects to those which you enjoyed immediately prior to the start of the overseas engagement.

Benefits in Kind
You and your spouse and dependent children under age ____ [18] may to the extent eligible participate in the Company's private health care scheme subject to the rules of the said scheme or such other scheme which may be operated by the Company from time to time.

Fixed-term Employment
Your employment is for a fixed term of one year commencing on _____________ and expiring on _____________.

Garden Leave
Once notice of termination has been given we reserve the right to require you not to attend at work or carry out any duties for us. During the notice period you will continue to be paid your salary and to receive your other contractual benefits.

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