Communication is the key to the avoidance of disputes between employers and employees, and there is probably no more important a message than the statement of main terms and conditions of employment (SMT). The statement details in straightforward terms the important details about the agreement between the employer and the employee, and ensures that each side knows what is expected of the other. The SMT contains an awful lot of important information, so there isn’t space to cover it in its entirety here, and the nature of the terms and conditions will vary from industry to industry. However, here’s a flavour of the kinds of things it should cover.The statement must cover the most basic facts of the employment contract, that is, the name of the employer and the name of the employee, the title of the job, the salary, the frequency of payments and the place of work. There will also need to be details of the hours of work, especially information such as whether the employee will be expected to work weekends or outside office hours, and if so, whether that will merit overtime payments and at what rate they will be.
Holiday entitlements must also be included, and this must say whether public holidays will be included. In many industries, such as entertainment, leisure, emergency services and many branches of retail, employees will be expected to work on public holidays, although a substitute day will often be provided to be taken at a later date.
You will also be expected to detail how long the employment will last (if it’s not a permanent position) and how much notice the company will require should the employee choose to leave. There should also be information on how much notice the company is required to give to the employee should they wish to terminate the employment. Learn more about our Employment Law services here.
How Peninsula can Help
The details above are some of the requirements of what will be a much more complex statement of main terms and conditions. Also, because every job is different, there isn’t an off-the-shelf SMT that will cover you, the employer, for any eventuality. That’s where Peninsula’s expertise is so useful. We have a wealth of experience in helping employers create watertight terms of employment that cover them against employees finding loopholes to exploit.
The terms and conditions must accurately reflect the details set out in the job advertisement, the interview and the contract of employment. Any variations could be seized upon by a disgruntled employee or ex-employee, and that could leave you prone to losing a tribunal or legal action. Peninsula can prevent such an eventuality by guiding you through the entire process, from first advertising the post to creating the terms and conditions that will serve both you and your employees well.
We can also advise you on what does not need to appear in the statement of terms and conditions. Dismissal and disciplinary procedures and sick pay procedures, for example, can appear in separate documents as long as the employer clearly indicates where they can be found.
Because we employ qualified employment law specialists, you can be sure that the advice and assistance you get from us will be the most up to date and the most appropriate to your situation. Contact us online or call 0800 328 9348 and we’ll be pleased to discuss your requirements.