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Employees have the Right to a Statement of Employment Particulars even when Employed for Less than Two Months!

The Employment Appeal Tribunal (“EAT”) has confirmed that an employee has the right to a statement of employment particulars if he or she has worked continuously for at least one month. 

In Stefanko and others v Maritime Hotel Ltd [2018] the Claimants were all employed as waiting staff by the Maritime Hotel. They were summarily dismissed by the Maritime Hotel for objecting to persistent shortfalls in their wages, late payment and falsification of their wage slips, and subsequently brought claims to the Employment Tribunal (the “Tribunal”) for unfair dismissal. One of the Claimants, Ms Woronowicz, was only employed for six weeks before her dismissal.

The Tribunal held that whilst all of the Claimants had succeeded in their claims for automatic unfair dismissal, Ms Woronowicz was not entitled to receive her statement of employment particulars because statements are only required to be provided “not later than two months after the beginning of the employment” (section 1(2) Employment Rights Act 1996 (“ERA 1996”)). The Tribunal also declined to increase her award under section 38 of the Employment Act 2002 (“EA 2002”) due to her short period of employment.

Ms Woronowicz appealed the decision and the EAT found that the Tribunal had erred in law. The EAT held that Ms Woronowicz was entitled to receive her statement of employment particulars (and an increased award under section 38 EA 2002), irrespective of whether she was still employed after two months.

The EAT referred to section 2(6) of the ERA 1996, under which a statement of employment particulars “shall be given to a person under section 1 even if his employment ends before the end of the period within which the statement is required to be given”.

Currently, it is only “employees” who are entitled to a statement of employment particulars after one months’ continuous employment. However, as part of the Government’s Good Work Plan, from 6 April 2020 all staff (including workers) will be entitled to a statement of particulars from day 1 of their employment.

This bulletin is for general guidance purposes only and should not be used for any other purpose.

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