Employment Rights Act 1996 s.2 – Statement of initial particulars: supplementary

(1)If, in the case of a statement under section 1, there are no particulars to be entered under any of the heads of paragraph (d) or (k) of subsection (4) of that section, or under any of the other paragraphs of subsection (3) or (4) of that section, that fact shall be stated.

(2)A statement under section 1 may refer the [^F26worker^F26] for particulars of any of the matters specified in [^F27subsection (4)(d)(ii) to (iii) and (l)^F27] of that section to the provisions of some other document which is reasonably accessible to the [^F26worker^F26] .

(3)A statement under section 1 may refer the [^F28worker^F28] for particulars of either of the matters specified in subsection (4)(e) of that section to the law or to the provisions of any collective agreement directly affecting the terms and conditions of the employment which is reasonably accessible to the [^F28worker^F28] .

[^F29 (4)A statement, insofar as it relates to the particulars required by section1(4)(d)(iii), (j) and (l) and the note required by section 3—

(a)may be given in instalments; and

(b)must be given not later than two months after the beginning of the employment, even where the employment ends before that date. ^F29]

(5)Where before the end of the period of two months after the beginning of [^F30a worker’s^F30] employment the [^F31worker^F31] is to begin to work outside the United Kingdom for a period of more than one month, [^F32any instalment of a statement given under subsection (4)^F32] shall be given to him not later than the time when he leaves the United Kingdom in order to begin so to work.

^F33 (6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 2 3

worker

(3) In this Act “worker” (except in the phrases “shop worker” and “betting worker”) means an individual who has entered into or works under (or, where the employment has ceased, worked under)—

(a)a contract of employment, or

(b)any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual;

Defined in s.230(3) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act

collective agreement

“collective agreement” has the meaning given by section 178(1) and (2) of the Trade Union and Labour Relations (Consolidation) Act 1992 ,

Defined in s.235(1) · see it in the full Act

employment

(5) In this Act “employment”—

(a)in relation to an employee, means (except for the purposes of section 171) employment under a contract of employment, and

(b)in relation to a worker, means employment under his contract;

Defined in s.230(5) · see it in the full Act

Defined in s.230(6) · see it in the full Act

Cases considering section 2 6

Iqbal (t/a Smokin' Rooster) v Singh

[2019] UKEAT 0127_19_2409 · 24 September 2019

The duty to provide a statement under section 1 continues even where employment ends before the end of the period in which the statement is required. This enabled the section 38 award despite the later employment period lasting less than two months. (see Ground 2)

Stefanko & Ors v Maritime Hotel Ltd & Anor

[2018] UKEAT 0024_18_2509 · 25 September 2018

The duty to give the section 1 statement continues although employment ends before the end of the period allowed for compliance. The Tribunal had overlooked this provision.

Andrews v Kings College NHS Foundation Trust & Anor

[2014] UKEAT 0304_13_1203 · 12 March 2014Limits

Section 2 did not inform or affect the scope of the implied contractual duty to give reasonable notification of pension rights. A breach of the statutory written-statement obligation could give rise to a separate remedy, but the statutory and contractual duties were not intertwined (see Period 3—Grounds 2–5).

Costco Wholesale UK v Newfield[2013] UKEAT 0617_12_2205 · 22 May 2013
Kelly v Fylde Community Link Ltd[2013] UKEAT 0444_12_0503 · 5 March 2013

1 more judgment, and what each says about section 2, are in the case-law panel in the full Act.

Amendments and notes

8 notes from legislation.gov.uk

Amendments

F26Word in s. 2(2) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 6(a) (with reg. 15)
F27Words in s. 2(2) substituted (6.4.2020) by The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 (S.I. 2018/1378), regs. 1, 4(a) (with reg. 8)
F28Word in s. 2(3) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 6(a) (with reg. 15)
F29S. 2(4) substituted (6.4.2020) by The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 (S.I. 2018/1378), regs. 1, 4(b) (with reg. 8)
F30Words in s. 2(5) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 6(b) (with reg. 15)
F31Word in s. 2(5) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 6(a) (with reg. 15)
F32Words in s. 2(5) substituted (6.4.2020) by The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 (S.I. 2018/1378), regs. 1, 4(c) (with reg. 8)
F33S. 2(6) omitted (6.4.2020) by virtue of The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 (S.I. 2018/1378), regs. 1, 4(d) (with reg. 8)