Does it matter if an employee’s written statement of terms and conditions of employment is out of date?

Section 38 of the Employment Act 2002 allows any employee who is successful in one of the statutory claims listed in sch.5 to the Act (which include unfair dismissal and redundancy) to ask for additional compensation of two or four weeks’ pay where the employer has not provided a written statement, has provided an incorrect or inadequate statement, or has not updated the statement within one month of a change to its terms. There is no requirement for the successful claim to be related to the written statement breach. Most employers will provide a full and accurate statement at the start of employment; it is ensuring that the statement is kept up to date that is likely to cause problems.

Only employees are entitled to all statutory employment rights. For example, a worker cannot claim unfair dismissal or a statutory redundancy payment. Workers are entitled to some statutory rights, including those in relation to the national minimum wage, working hours and annual leave.


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