As part of the Employment Rights Act 1996, an employee is entitled to a “written statement of particulars” after being
in employment for 2 months / 8 weeks. The written statement is not a complete contract of employment as such but should
include matters such as:
The written statement does not have to include, but the majority do, details relating to your employer’s policies such
as a grievance policy, sickness and disciplinary policy. These are typically contained within an employee handbook or
addendum to the written statement.
In the absence of any written statement, the terms of your employment would be based under statutory provisions and what
is referred to a ‘implied terms’ which are derived by performance.
It is difficult for an employer to change expressed (written) contractual terms without mutual consent as most contain a
provision to unilaterally change your contractual terms without your prior consent. If your terms are through an
implied (oral) contract this may be more difficult for either party to establish, thus requiring the potential
intervention of the Employment Tribunal.
Most employees hold a misconception that if you do not sign your written statement (most likely as you do not agree with
the terms imposed within) that this would render the statement invalid. This is not quite the case and a little
misguided. It is possible to work under protest, i.e. under a contract that you have not signed however this must be
made clear to the employer, preferably in written expression. If you do not sign the written statement but continue to
perform the duties and terms of the statement, your performance may in itself be deemed formal acceptance.
With offices in Leicester and Market Harborough we are willing to discuss your employment law claim at any of our
offices. Lawson West are a national provider of expert employment law advice and welcome a free discussion with you
regarding you circumstances and potential claim. If you believe you have a situation where you require free legal
advice, please contact us on telephone 0116 2121000 or 01858 445480.
If you want to see us face to face, we run four employment law walk-ins each week at our offices in Leicester and Market Harborough and this initial meeting with you is FREE of charge. We’ll look at your paperwork and advise on the best course of action. We can also meet with you digitally on Teams if you’re in another part of the country, in fact, we advise individuals on their employment legal needs right across the UK.
From settlement agreements, to redundancy, dismissal and disability and other types of employment dispute situation, we’re on hand to support and advise you. Please get in touch as soon as you can, as deadlines might apply.
Great client service is at the centre of our thinking, it’s embodied into how we train and develop our staff, how we help our clients and how we advise and assist people and business owners with their legal needs.
Our Core Values are Welcoming, Confident, Supportive, Knowledgeable and Dependable and we aim for clients to have a positive experience with Lawson West Solicitors.
Evidence of our great client service can be seen in the reviews and testimonials we regularly receive. We are always pleased to receive great reviews because it means our clients are happy with the service we provide, and it shows that we deliver on our core values, we don’t just talk about them. We really welcome client feedback and hope you enjoy reading some of the latest testimonials throughout this website.
