What is a Written Statement of Main Terms and Conditions of Employment?
This is nothing particularly frightening or complicated. It is merely the proper name for what was previously known as a contract of employment (and no doubt will continue to be commonly known as this in the future!).
Your employees are entitled by law to receive a written statement listing the terms and conditions of the post, provided that their employment lasts for one month or more. The statement must be provided within two months of your employee starting to work for you.
A Written Statement of Main Terms and Conditions of Employment simply provides evidence of particulars of the main employment terms under which the employer and employee operate. It will detail the job and conditions of employment. It should include information about the standard of behaviour you expect from your employee while he or she is working for you.
A Written Statement of Main Terms and Conditions of Employment can be any length you want to make them. Legislation sets out details or particulars of the terms which must be covered in a Written Statement. It is advisable to be careful about what you include in your contract, as it will be used by tribunals in their decision-making process.
What are the particulars of the Main Terms and Conditions Employment?
These particulars are anything that was agreed in writing or verbally when your employee began working for you.
Particulars of Employment should include information about the following;
- Job title.
- Place of work.
- Name and address of employer and employee.
- Rate of pay.
- Date the employment period begins/whether there is any previous service which accounts for the purposes of continuity.
- Hours of work (daily or weekly).
- Overtime arrangements and expectations.
- Method and timing of wage payment.
- Period of notice to be given by the employee and the employer.
- Period for which the contract is expected to continue if it is temporary.
- Date when the contract is due to end if it is fixed term.
- Disciplinary and Grievance Procedures.
- Entitlement to holidays.
- How holiday pay is calculated.
- Entitlement to sick or maternity pay etc. and arrangements
- Whether a collective agreement applies.
- Pension Scheme arrangements
- If the employee is required to work outside the UK for more than a month.
- How changes to the Terms and Conditions will be managed.
- Relevant agreement clause (standard)
Disciplinary, Grievance and Dismissal Procedures
Since April 2005 regulations have applied giving new rights and responsibilities to employers and employees. All employers must follow minimum procedures for dealing with disciplinary action and dismissal. A Code of Practice containing practical guidance has been issued by the Labour Relations Agency in April 2011 regarding grievance procedures. Failing to follow these regulations and codes may result in an employer facing serious financial penalties.
Below are a few other things you may wish to consider:
- Confidentiality It is very important that your employee respects your privacy and that of your family, friends and neighbours.
- House Rules As the place of work is your home, it is your right to state what type of behaviour is or is Not acceptable to you. You may wish to ask the Personal Assistant to refrain from using bad language in your home, bringing other people or animals to work, using a telephone or mobile except in an emergency.
- Reliability and Flexibility These are essential to good personal support arrangements and should be included in the Statement.
- Mobility If it is important for you that your employee has means of independent travel, you should refer to it in the Statement.
- Probation If you employ staff for a probation (trial) period, you should include the length of time it will last.
- Expenses/Allowances You should state if you will provide meals and travel expenses etc. You may not use money from Direct Payments to purchase meals for your Personal Assistants. A mileage allowance of 45 p per mile for a Personal Assistant using their own car would be reasonable.
On this website you will also find two specimen Statements and accompanying Appendices, containing a number of options, which are provided for your guidance:
- The first version is used when the employer is also a service user.
- The second version would be appropriate to use when the employer is not the service user e.g. where the service user
– is a child and parent is acting as the employer
– is an elderly person and a younger relative is acting as the employer.
There is also an important information sheet entitled "Guidance Notes and Checklist for Employers regarding Specimen Statements…." which contains detailed guidance on the specific terms and conditions use and the options available in the texts. These two specimen Statements have been drafted in the light of guidance and helpful suggestions provided by the Northern Ireland Labour Relations Agency and Fish Insurance Ltd. They are intended to be in compliance with the statutory provisions for employment and employment-related rights in Northern Ireland.
Please note that any specimen of a written statement provided is for guidance purposes only. You should make sure that any Statement of Main Terms and Conditions of Employment you use reflects your individual needs.