How to create written terms for staff

The labour market within convenience is turbulent, with retailers struggling to attract and retain staff. This, coupled with strict legislation surrounding the hiring of staff, has led to a lot of stress for retailers.

To make the process smoother, retailers need to have the appropriate documentation in place to ensure they are remaining compliant with labour laws, particularly when it comes to what they need to provide to new employees.

The Advisory, Conciliation and Arbitration Service (ACAS) works with both work employers and employees to improve workplace relationships. As part of this, it outlines what employers need to provide in writing to new workers.

It’s important to note that written terms differ to employee contracts. Here’s what you need to include in an employee contract.

Who needs to be given written terms?

Anyone legally classed as an employee or worker has the right to a written terms however those legally classed as workers do not have the right to written terms if they started the job before 6 April 2020.

The legal term for this document is the ‘written statement of employment particulars’ and it includes information such as pay and working hours. 

Agency workers have the same right to written terms as other workers and employees.

When is it given?

An employer must give written terms explaining pay, working hours and other rights and responsibilities, to both employees and workers.

Employers must provide written terms on or before the person’s first day of work, no matter how long the person’s employed for and everything in the written terms must follow the law.

Those legally classed as workers do not have the right to written terms if they started the job before 6 April 2020. They can still ask their employer if they can provide them. A worker would have the right to written terms if the employer starts them on a new contract after 6 April 2020.

What should be in the written terms?

The following must all be included in the same document:

• the employer’s name
• the employee or worker’s name
• the start date (the day the employee or worker starts work)
• the date that ‘continuous employment’ (working for the same employer without a significant break) started for an employee
• job title, or a brief description of the job
• the employer’s address
• the places or addresses where the employee or worker will work
• pay, including how often and when (for example, £1,000 per month, paid on the last Friday of the calendar month)
• working hours, including which days the employee or worker must work and if and how their hours or days can change
• holiday and holiday pay, including an explanation of how its calculated if the employee or worker leaves
• the amount of sick leave and pay (if this information is not included in the document, the employer must state where to find it)
• any other paid leave (if this information is not included in the document, the employer must state where to find it)
• any other benefits, including non-contractual benefits such as childcare vouchers or company car schemes
• the notice period either side must give when employment ends
• how long the job is expected to last (if it’s temporary or fixed term)
• any probation period, including its conditions and how long it is
• if the employee will work abroad, and any terms that apply
• training that must be completed by the employee or worker, including training the employer does not pay for

What can be provided later?

Employers can provide some terms in instalments that must be provided no later than two months after the beginning of the employment.

These terms are:

• pension arrangements (if this information is not included in the document, the employer must state where the employee can find it)
• any terms and conditions that apply to other employees too (known as ‘collective agreements’)
• details of any training provided by the employer that is not compulsory (if this information is not included in the document, the employer must state where to find it)
• disciplinary rules and disciplinary and grievance procedures

What else should the employer provide?

• the job offer
• how the employee will be paid (for example, pay will go straight into the employee’s bank account)
• the standards of behaviour it expects from its employees and what happens if these are not met (for example, the employer will report any thefts to the police)

Struggling to put together written terms? ACAS has downloadable templates available here