Employment Act 1989

Written statements of terms of employment E+W+S

13 Provision of particulars of disciplinary procedures. E+W+S

(1) Part I of the M1 Employment Protection (Consolidation) Act 1978 (particulars of terms of employment) shall be amended as follows.

(2) In section 2 (supplementary provisions relating to statements under section 1), the following subsection shall be substituted for subsection (4)—

“(4) No statement need be given under section 1 where—

(a) the employee’s employment began not more than six months after the end of earlier employment with the same employer,

(b) a statement under that section, and any information subsequently required under section 4, was duly given to the employee in respect of his earlier employment, and

(c) the terms of his present employment are the same as those of his earlier employment and any other matters falling within section 1(4) of which particulars were to be given by that statement are also unchanged,

but without prejudice to the operation of subsection (1) of section 4 if there is subsequently a change in his terms of employment or in any of those matters.”

(3) The following section shall be inserted after section 2—

“2A Particulars of disciplinary procedures not required where less than 20 employees.

(1) The note which, by virtue of subsection (4) of section 1, is required to be included in a statement given to an employee under that section need not comply with the following provisions of that subsection, namely—

(a) paragraph (a),

(b) in paragraph (b), sub-paragraph (i) and the words following sub-paragraph (ii) so far as relating to sub-paragraph (i), and

(c) paragraph (c),

if on the date when the employee’s employment began the relevant number of employees was less than twenty.

(2) In subsection (1) “the relevant number of employees, in relation to an employee, means the number of employees employed by his employer added to the number of employees employed by any associated employer.”

(4) In section 4 (changes in terms of employment), the following subsection shall be added after subsection (5)—

“(6) Any reference in subsection (1), (3) or (4) to the terms of employment which were to be, or were, included or referred to in a statement given under section 1 shall be construed as including a reference to any other matters falling within section 1(2)(c) and (4) of which particulars were to be given by that statement.”

(5) The following subsections shall be added at the end of section 5 (exclusion of certain contracts in writing)—

“(2) If on the date when the employee’s employment began the relevant number of employees was less than twenty, any reference in subsection (1)(c) to such a note as is there mentioned shall be construed as including a reference to such a note as is mentioned in section 1(4) as it has effect with the omission of the provisions specified in section 2A(1)(a) to (c).

(3) In subsection (2) “the relevant number of employees has the meaning given by section 2A(2).”;

and the existing provisions of section 5 shall accordingly constitute subsection (1) of that section.

Modifications etc. (not altering text)

C1 Ss. 13(1)–(3)(5), 15(1) excluded by S.I. 1990/189, art. 3(1)

Marginal Citations

M1 1978 c. 44.