Q&As

Given the changes to the requirement to provide a written statement of employment particulars from 6 April 2020, does the employer need to state that its discipline and grievance procedures will apply to workers? If an individual is subject to the employer’s discipline and grievance procedures, is this likely to affect their worker status?

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Published on LexisPSL on 03/02/2020

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Given the changes to the requirement to provide a written statement of employment particulars from 6 April 2020, does the employer need to state that its discipline and grievance procedures will apply to workers? If an individual is subject to the employer’s discipline and grievance procedures, is this likely to affect their worker status?
  • Written statements of employment particulars from 6 April 2020
  • Right to be accompanied
  • Acas Code of Practice
  • Employee/worker status

Consideration should be given to the following:

  1. the right to a written statement of employment particulars

  2. the right to be accompanied

  3. the application of the Acas Code of Practice

  4. the tests for worker and employee status

Written statements of employment particulars from 6 April 2020

From 6 April 2020, the written statement of employment particulars must include a note:

  1. specifying any disciplinary rules applicable to the worker (or referring the worker to a reasonably accessible document containing them, eg a handbook)

  2. specifying any procedure applicable to the taking of disciplinary decisions relating to the worker, or to a decision to dismiss the worker (or referring the worker to a reasonably accessible document containing them)

  3. specifying (by description or otherwise):

    1. a person to whom the worker can apply if dissatisfied with any disciplinary decision relating to them or any decision to dismiss them

    2. a person to whom the employee can apply for the purpose of seeking redress of any grievance relating to their employment, and the manner in which any such application should be made

    3. where there are further steps consequent on any such application (eg a right of appeal), explaining those steps (or referring the employee to a reasonably accessible document containing them)

See Practice Note: Written statements of employment particulars—What the written statement must cover.

The requirement is to specify any such rules, procedure etc; there is

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