This was an appeal following a decision made by the Employment Tribunal. Part of the appeal asked whether or not section 1 of the Employment Rights Act 1996 (“ERA 1996”) entitles an employee to a written statement of terms and conditions of employment if his or her employment ends between one and two months after the beginning of employment.
The Claimants were employed by Maritime Hotel as waiting staff; all had short periods of employment. The Claimants were provided with accommodation at the hotel. None of them were given a section 1 statement of terms and conditions at any time during the course of their employment or thereafter. One claimant, Ms Woronowicz was employed for only 6 weeks, she complained as her employer had failed to provide a statement of employment particulars and payslips.
It was held by the Employment Appeals Tribunal that The Employment Tribunal had made an error in concluding that an employee who has more than one but less than two months’ service is not entitled to a section 1 ERA 1996 statement of terms and conditions of employment. Currently there is an exception to the right for employees who work for less than 1 month.
Section 2(6) ERA 1996 says that the right to a statement of employment particulars exists even if a person’s employment ends before the 2 months are up. Ms Woronowicz was therefore entitled to one, and an increased award.