When to provide an employment contract

When should an employee be provided with an employment contract?

Section 1 of the Employment Rights Act 1996 provides that an employee should be provided with a written statement of employment particulars within 2 months of their employment commencing. But does an employee have a right to receive a contract if they are employed for less than 2 months?

This was recently considered in Stefanko v Martime Hotel Ltd. In this matter, the Tribunal appeared to overlook section 2(6) of the Employment Rights Act 1996 which provides employees with a right to receive a written statement, even if their employment ends before the end of the 2 month period.

Employers should note that with effect from 6 April 2020, all employees shall have the right to a contract from day one of their employment, by virtue of the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018.

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