WO toolkit 2012 complete.pdf - GMB
WO toolkit 2012 complete.pdf - GMB
WO toolkit 2012 complete.pdf - GMB
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SECTION 5.10<br />
GROUP T<strong>WO</strong><br />
CONTRACTS AND PAY<br />
10. Am I entitled to a written contract of employment?<br />
Except where your employment lasts a month or less,your employer should give you‘Written<br />
Particulars of Employment’within two months of starting.These are your employer’s version of your<br />
contract.If you disagree with anything,object to your employer e.g.insist they take out any paragraph<br />
giving them the right to change the contract.<br />
The Particulars should contain:<br />
• Their name and your own name.<br />
• The date your employment began.Also the date your‘continuous employment’began.This might<br />
be earlier e.g.if you moved directly from a parent company to one of its subsidiaries,or if you were<br />
in a business or undertaking transferred from one employer to another.<br />
• Pay scale or rate,or method of calculating pay.<br />
• Pay interval,e.g.weekly,monthly.<br />
• Any terms about hours of work,including normal working hours.<br />
• Any terms about holidays(including public holidays)and holiday pay.<br />
• Any terms about sickness,including sick pay.<br />
• Any terms about pensions and pension schemes.<br />
• Notice periods on both sides.<br />
• Your job title or a brief description of your work.<br />
• The period a non-permanent job is expected to continue; if for a fixed term,the date it will end.<br />
• Your place of work; if you might work at more than one site,a statement to that effect and the<br />
address of the employer.<br />
• Any collective agreements which directly affect your terms and conditions,including(where your<br />
employer was not a party to those agreements)the names of the parties,e.g.an employer’s<br />
federation and a trade union.<br />
• Information,if any,on working outside the UK for more than a month.<br />
• A note of any disciplinary rules; of the disciplinary and dismissal procedures; of the grievance<br />
procedures and who you should raise the grievance with; and of any appeal procedures.<br />
Alternatively,they must refer you to an easily accessible document containing the procedures.<br />
The employer can provide the written information in a contract of employment or letter of employment<br />
given to you either before you start work or within two months of you doing so.<br />
The Particulars might be given to you in parts,or refer you to other documents.Any change should be<br />
notified to you within a month after the change.<br />
If your employer does not give you the Particulars,or if they do not contain the required information,<br />
you can complain to an Employment Tribunal.<br />
However you can only get compensation if you win a different tribunal complaint e.g.unfair dismissal,<br />
equal pay.In that event,the tribunal can award between two and four weeks’pay for the employer’s<br />
failure to provide the written details.<br />
REMEMBER: there may be more than one person affected by this issue.<br />
Consider calling a meeting to advise,recruit and organise.