HR tip: Demands for contractual statements

HRD & Payroll Solutions continues to bring HRZone.co.uk members a range of HR and payroll tips in 2008. A market leader in the provision of HR and payroll training and nationally recognised professional qualifications, HRD & Payroll Solutions are highly experienced in teaching about common HR and payroll problems. A wide selection of tips, tricks and guidance can be seen below. HRZone.co.uk highly recommends that any tips are taken as a starting point for guidance only.

Question:

"An employee has demanded a copy of his contract of employment although he was issued with one when he joined us some years ago. What should we do?"

HR tip:

There are two issues here. First - and I know that it may seem pedantic - a contract of employment does not need to be in writing in order to be valid. If the man has been working for you for money, then a contract of employment exists. What all employees are legally entitled to, and what your employee is asking for, is a statement of written particulars of employment that sets out specified details of the contract. No signatures are required on this statement.

Second, whether you originally issued one or not, give him a copy. It really is not worth the bother of arguing and in any case may highlight and give opportunity to resolve a problem.

Previous HR and Payroll tips:

July 2008
A new fair reason for dismissal
Problems of confidentiality
Heavy lifting and sex discrimination

June 2008
Time off for redundant employees
Making notes in disciplinary hearings
Reinstatement and re-engagement
Lateness and absence caused by transport strike

May 2008
Pets at work
Calculating pay-in-lieu of notice
New recruit fails to arrive
Recovering training costs from departing employee
Employing husband and wife in same unit

April 2008
Employee relocation
Does raising standards require new contract?
Return after redundancy
Mobile phone use

March 2008
Proof of drunkenness
Satisfactory references
Time off for funerals
Redundancy – bumping

February 2008
Companion at informal warning
Advising retirement age employees of their rights
Alcohol on site
Lawful discrimination

January 2008
Reducing company car standard
The disappearing employee
Pre-employment medicals
Monitoring bullying
Controlling absence

2007 tips

2006 tips

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