Frequently Asked Questions

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Is an employer legally obliged to put the contract or employment in writing?

Although there is no legal obligation for the whole contract of employment to be in writing, under s.1 (1) of the Employment Rights Act 1996   employers are under a statutory obligation to put certain key terms of employment in writing. This is known as a written statement of particulars of employment and it sets out the employer's understanding of the main terms and conditions of the person's employment.  However, the terms of a contract of employment always take precedence over those in the written statement and a written statement cannot be used to interpret or change the contract of employment.

What are part-time workers rights to paid holiday?

Under the Working Time Regulations 1998 (SI 1998/1833), workers have the legal right to 5.6 weeks paid annual holiday. The number of days or hours that this 5.6 weeks statutory holiday entitlement constitutes will vary depending on the number of days or hours that a part-timer works. For example a worker who ordinarily works only three hours a day on Monday and Tuesday will be entitled not to come to work for those six hours a week for 5.6 weeks, whereas a worker who works from 9am - 5pm four days a week will be entitled not to come to work for those four days for 5.6 weeks. If a comparable full-time works contract allows for the long annul holiday, eg six weeks holiday the extra entitlement should be extended to part -time workers on a pro rata basis. The length of service needed to qualify for longer annual holiday must also be the same for part-time and comparable full-time workers.

Is an employee entitled to company sick pay?

No, unless stated in their contract, They are entitled to statutory sick. This payment is made to the employee in respect of any period of sickness absence will comprise his/her statutory sick pay entitlement. All payments are subject to deductions for income tax and national insurance in the normal way.