Sign on the dotted line
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As the economic outlook improves, operators may consider expanding their workforce time, perhaps, to take a fresh look at employment contracts.
Words: Patric Cunnane Documentation
A transport business could end up facing this scenario if it has been banking on extra work from a client that fails to appear at the last minute. It is best to ensure that new drivers are only taken on once the deal is signed, sealed and delivered.
Fortunately, in most circumstances, if an operator is making a job offer, then they are confident that the driver or traffic clerk is genuinely needed, and that a starting date can be agreed.
Within two months of starting, the new recruit must be provided with a written statement of particulars of their employment, if appropriate.
A single document must set out: • The names of employer and employee • The date on which employment commences, and the period of continuous employment • Details of pay, pay intervals and a means of calculating pay 4 Working hours and holiday entitlement, including public holidays OA job title or description • The place of work • If overtime is an essential element of the contract, then details must be provided.
Within the period, other information must he relayed to the employee, but can be in various documents. These are: • Whether employment is permanent or for a fixed term • Sickness, pension and notice arrangements • Disciplinary and grievance procedures • Details of collective agreements • Any requirements to work outside the UK.
In some areas, it is sufficient to refer the employee to where the document can be found, as long as it can be seen at work. This could apply to a collective agreement, or to notice requirements (where it is sufficient to refer the employee to the law on the matter).
Existing staff
The law on written statements also applies to existing employees who are entitled to ask for a statement if they do not have one.
Employees who have not been given a written statement can take the matter to an employment tribunal either while working for the company or up to three months after leaving.
If there are any changes to employment, the employee must be given a written statement of the change within one month of the change. a