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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.

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