Employment Protection (Consolidation) Act 1978

JurisdictionUK Non-devolved
Citation1978 c. 44


Employment Protection(Consolidation) Act 1978

1978 CHAPTER 44

An Act to consolidate certain enactments relating to rights of employees arising out of their employment; and certain enactments relating to the insolvency of employers; to industrial tribunals; to recoupment of certain benefits; to conciliation officers; and to the Employment Appeal Tribunal.

[31st July 1978]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I Particulars of Terms of Employment

Part I

Particulars of Terms of Employment

Written particulars of terms of employment

Written particulars of terms of employment

S-1 Written particulars of terms of employment.

1 Written particulars of terms of employment.

(1) Not later than thirteen weeks after the beginning of an employee's period of employment with an employer, the employer shall give to the employee a written statement in accordance with the following provisions of this section.

(2) An employer shall in a statement under this section—

(a ) identify the parties;

(b ) specify the date when the employment began;

(c ) state whether any employment with a previous employer counts as part of the employee's continuous period of employment, and, if so, specify the date when the continuous period of employment began.

(3) A statement under this section shall contain the following particulars of the terms of employment as at a specified date not more than one week before the statement is given, that is to say—

(a ) the scale or rate of remuneration, or the method of calculating remuneration,

(b ) the intervals at which remuneration is paid (that is, whether weekly or monthly or by some other period),

(c ) any terms and conditions relating to hours of work (including any terms and conditions relating to normal working hours),

(d ) any terms and conditions relating to—

(i) entitlement to holidays, including public holidays, and holiday pay (the particulars given being sufficient to enable the employee's entitlement, including any entitlement to accrued holiday pay on the termination of employment, to be precisely calculated),

(ii) incapacity for work due to sickness or injury, including any provision for sick pay.

(iii) pensions and pension schemes,

(e ) the length of notice which the employee is obliged to give and entitled to receive to determine his contract of employment, and

(f ) the title of the job which the employee is employed to do;

Provided that paragraph (d )(iii) shall not apply to the employees of any body or authority if the employees' pension rights depend on the terms of a pension scheme established under any provision contained in or having effect under an Act of Parliament and the body or authority are required by any such provision to give to new employees information concerning their pension rights, or concerning the determination of questions affecting their pension rights.

(4) Subject to subsection (5), every statement given to an employee under this section shall include a note—

(a ) specifying any disciplinary rules applicable to the employee, or referring to a document which is reasonably accessible to the employee and which specifies such rules;

(b ) specifying, by description or otherwise—

(i) a person to whom the employee can apply if he is dissatisfied with any disciplinary decision relating to him; and

(ii) a person to whom the employee can apply for the purpose of seeking redress of any grievance relating to his employment,

and the manner in which any such application should be made;

(c ) where there are further steps consequent upon any such application, explaining those steps or referring to a document which is reasonably accessible to the employee and which explains them; and

(d ) stating whether a contracting-out certificate is in force for the employment in respect of which the statement is given.

(5) The provisions of paragraphs (a ) to (c ) of subsection (4) shall not apply to rules, disciplinary decisions, grievances or procedures relating to health or safety at work.

(6) The definition of week given by section 153(1) does not apply for the purposes of this section.

S-2 Supplementary provisions relating to statements under s. 1.

2 Supplementary provisions relating to statements under s. 1.

(1) If there are no particulars to be entered under any of the heads of paragraph (d ) of subsection (3) of section 1, or under any of the other provisions of section 1(2) and (3), that fact shall be stated.

(2) If the contract is for a fixed term, the statement given under section 1 shall state the date when the contract expires.

(3) A statement given under section 1 may, for all or any of the particulars to be given by the statement, refer the employee to some document which the employee has reasonable opportunities of reading in the course of his employment or which is made reasonably accessible to him in some other way.

(4) If not more than six months after the termination of an employee's period of employment, a further period of employment is begun with the same employer, and the terms of employment are the same, no statement need be given under section 1 in respect of the second period of employment, but without prejudice to the operation of subsection (1) of section 4 if there is a change in the terms of employment.

S-3 Certain hours of employment to be disregarded.

3 Certain hours of employment to be disregarded.

(1) Subject to the following provisions of this section, no account shall be taken under section 1 of employment during any period when the hours of employment are normally less than sixteen hours weekly.

(2) If the employee's relations with his employer cease to be governed by a contract which normally involves work for sixteen hours or more weekly and become governed by a contract which normally involves employment for eight hours or more, but less than sixteen hours, weekly, the employee shall never-theless for a period of twenty-six weeks (computed in accordance with subsection (3)) be treated for the purposes of subsection (1) as if his contract normally involved employment for sixteen hours or more weekly.

(3) In computing the said period of twenty-six weeks no account shall be taken of any week—

(a ) during which the employee is in fact employed for sixteen hours or more;

(b ) during which the employee takes part in a strike (as defined in paragraph 24 of Schedule 13) or is absent from work because of a lock-out (as so defined) by his employer; or

(c ) during which there is no contract of employment but which, by virtue of paragraph 9(1) of Schedule 13, counts in computing a period of continuous employment.

(4) An employee whose relations with his employer are governed by a contract of employment which normally involves employment for eight hours or more, but less than sixteen hours, weekly shall nevertheless, if he has been continuously employed for a period of five years or more, be treated for the purposes of subsection (1) as if his contract normally involved employment for sixteen hours or more weekly.

S-4 Changes in terms of employment.

4 Changes in terms of employment.

(1) If after the date to which a statement given under section 1 relates there is a change in the terms of employment to be included, or referred to, in that statement the employer shall, not more than one month after the change, inform the employee of the nature of the change by a written statement and, if he does not leave a copy of the statement with the employee, shall preserve the statement and ensure that the employee has reasonable opportunities of reading it in the course of his employment, or that it is made reasonably accessible to him in some other way.

(2) A statement given under subsection (1) may, for all or any of the particulars to be given by the statement, refer the employee to some document which the employee has reasonable opportunities of reading in the course of his employment, or which is made reasonably accessible to him in some other way.

(3) If, in referring in the statement given under section 1 or under subsection (1) of this section to any such document, the employer indicates to the employee that future changes in the terms of which the particulars are given in the document will be entered up in the document (or recorded by some other means for the information of persons referring to the document), the employer need not under subsection (1) inform the employee of any such change if it is duly entered up or recorded not later than one month after the change is made.

(4) Where, after an employer has given to an employee a written statement in accordance with section 1—

(a ) the name of the employer (whether an individual or a body corporate or partnership) is changed, without any change in the identity of the employer, or

(b ) the identity of the employer is changed, in such circumstances that, in accordance with section 139(7) or paragraph 17 or paragraph 18 of Schedule 13, the continuity of the employee's period of employment is not broken,

and (in either case) the change does not involve any change in the terms (other than the names of the parties) included or referred to in the statement, then, the person who, immediately after the...

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