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Assessing Candidate Competence

As described in the previous section, a candidate is required to collect evidence to demonstrate that they are competent in a range of different activities. Total People will allocate an assessor who will discuss and agree the best way of providing evidence to reach the national standard of competence. Alternatively you may have your own assessors whom you would want to use to fulfil this role.

Total People’s role:

  • Help your candidates and staff within your organisation understand the assessment process
  • Help the candidates understand how to collect evidence and match it to the occupational standards
  • Formally assess candidate competence
  • Give constructive feedback to candidates following assessments
  • Inform the employer of the outcome of the assessments

Employer’s role:

  • Provide opportunities for the candidate to demonstrate their competence in specific tasks
  • Help candidates to collect evidence of the work that they have done
  • Sign statements confirming the candidates competence in specific activities
  • Consider training your own staff as assessors

Supporting candidates in their work based training programme

Following the investment that you have made in recruiting the candidate, you will want to ensure that they stay with you and complete their training programme. We will work with you to ensure that candidates are given proper support and that any potential problems are identified and addressed as early as possible.

Total People’s role:

  • Keep in regular touch with candidates and yourselves
  • Encourage and motivate candidates in their training programme
  • Show real interest in the skills which candidates are developing in the workplace
  • Help candidates to understand the long-term benefits of training and qualifications
  • Share any identified concerns with you and agree suitable solutions

Employer’s role:

  • Help candidates to understand the long term benefits of training and qualifications
  • Provide opportunities for candidates to practice their skills
  • Give candidates time at work to develop their portfolio
  • Encourage candidates to attend and to show a real interest in their off the job training – including Key Skills
  • Share your concerns with us

Equal Opportunities

We operate and promote a policy of equal opportunities; this is reflected in our recruitment practice. We ensure that all candidates are fairly and equally treated during their training programme’s and ensure they know what to do if they have a complaint.

We trust your commitment to ensure that your equality of opportunities policies will be in line with ours.

Total People’s role:

  • Promote equal opportunities throughout the training process
  • Have a written equal opportunities policy which staff, candidates and employers understand and are committed to
  • Advise you on equal opportunity issues and legislation
  • Explain to candidates how they should treat other people
  • Make sure that candidates know what to do if they feel that they are being treated unfairly in the work place

Employer’s role:

  • Comply with Equal Opportunities Legislation
  • Demonstrate your commitment to equality of opportunity in the workplace through a clearly publicised statement
  • Ensure equality of opportunity in selection and recruitment and training activities
  • Ensure that candidates are not bullied, harassed or made to feel unwelcome in the workplace
  • Explain to candidates what to do if they have a complaint about the way that they are treated

Further information can be obtained from the Equal Opportunities Commission on www.eoc.org.uk.

Guidelines on Health and Safety Requirements

(This information is not exhaustive and should be used as a guide only)

Employers have a legal duty to take care of their staff. If they don’t they are breaking the Health and Safety at Work Act 1974

Employers must:

  • Have relevant insurances for Public and Employer's Liability
  • Ensure all staff adopt safe methods of working
  • Ensure that all equipment is not dangerous or defective and meets current regulations
  • Ensure that all staff are adequately trained to use appropriate equipment
  • Carry out Risk Assessments
  • Provide an adequate First Aid Box
  • Provide an Accident Report Book
  • Provide appropriate Personal Protective Equipment
  • Have a written Health and Safety Policy (applies to companies who have 5 or more employees)

Employers should adhere to all legislation relating to health and safety in the workplace

Accident Reporting

If an accident occurs please complete the accident form contained on this website and contact your Training Adviser immediately.

If your candidate is involved in an accident, you as the employer must make sure that it is recorded immediately in your accident book.

Some injuries, diseases and dangerous occurrences must also be reported to the HSE. The reporting of Injuries, Disease and Dangerous Occurrences Regulation 1985 applies to all employers, the self-employed and also covers all workers.

For further information, you should contact your local Health and Safety executive information centre, or contact HSE Infoline on 0845 345 0055.

Training Advisers will conduct an initial health and safety vet on your company, prior to starting a candidate on the training programme. This will be monitored on an ongoing basis during visits to candidates.

Ensure that you report any changes that may affect the management of Health and Safety to your Training Adviser.

Maintaining Standards

All training provision is subject to external inspection by the government’s body for maintaining standards. Inspectors look at the quality of training in all occupational areas where training is being provided. Total People Limited was subject to this inspection recently and were awarded exceptional grades. In order to maintain and indeed improve this position your comments will form an important part of the process.

Total People’s role:

  • To produce an annual self-assessment report and action plan
  • To prepare for inspection by the Government's Inspectorate once every 4 years
  • Work with inspectors during inspection

Employer’s role:

  • Provide Total People with feedback on the quality of our training programme
  • To take part in discussions with inspectors during inspections as required
  • To allow inspectors to take part in discussions with candidates during the inspection process

We actively encourage constructive feedback on the quality of our provision, if you have any areas that you feel could be improved please contact the Quality Manager on 01606 734000, or discuss it with your Training Adviser, who will ensure that your comments are recorded for future improvement activities.

Methods of Training

NVQ’s – the whole nature of NVQ’s means that they are work-based, so on-the-job training is a fundamental element. This should be carefully structured and in line with the national standards – your Training Adviser will give you more advice.

In many industries, off-the-job training also makes up an element of the qualification. This can be at college, on the employer’s premises (but away from the work environment) or in one of Total People's highly equipped training centres.

Off-the-job training may be in the form of day release, block release, work shops, evening classes etc, and the frequency required depends on the nature of your industry. For more advice contact your Training Adviser.

Partnership Arrangements

Total People Limited are committed to supporting both the employer and the candidate throughout the training programme. We implement this through a Partnership Arrangement which enables us to assist in a variety of ways.

Who does what in the process?

Inducting candidates

Having recruited the right person you will want to ensure that they stay with you. One way of doing this is by providing a well-prepared induction programme. Induction training will help candidates settle quickly into your company. We will compliment this by providing an induction to tell them about their training programme.

Total People’s role:

  • Provide induction training for candidates about their training programme
  • Advise you on workplace induction
  • Explain how NVQ’s are achieved
  • Talk to candidates about their rights and responsibilities
  • Ensure that candidates have understood the information which they have been given
  • Provide candidates with written materials to support the information that they are given during induction, to which they can refer in the future

Employer’s role:

  • Show candidates where everything is in the workplace
  • Introduce them to the people they will work with and to their supervisor
  • Train them in the Health and Safety requirements of your workplace
  • Explain your company policies and procedures
  • Inform candidates of their conditions of employment
  • Provide candidates with information about the job they will be doing
  • Provide the candidate with a mentor where appropriate, who will support them through the programme

Planning on the job training

To help you get the best from your candidate and to develop their skills and knowledge, we will jointly plan a training programme and meet both their needs and your needs as an employer. We take into account their current knowledge, skills and experience when doing this. We provide sufficient information to ensure that both parties fully understand the NVQ programme.

Total People’s role:

  • To work with you to identify the candidate's training needs
  • Assess the candidate's current skills, knowledge and qualifications
  • Identify any personal circumstances which may affect learning and training
  • Set out the training programme in an individual learning plan
  • Provide help and advice to employers on planning workplace training and learning activities
  • Be aware of the learning activities that are taking place within the workplace
  • Provide appropriate off-the-job training sessions to support the skills that the candidate is developing at work
  • Keep you informed of what the candidate has covered during off-the-job training activities

Employer's role:

  • To help identify the individual’s immediate training and development needs
  • To help Total People plan the training programme for the candidate
  • Identify appropriate learning opportunities within the workplace that will help the candidate develop and progress
  • Understand the candidate's training programme, including NVQ and Key Skill requirements
  • To help candidates develop their knowledge and skills by providing a wide range of learning and training opportunities
  • Ensure that all candidates attend off-the-job training sessions at the agreed times
  • Help candidates to put into practice what they have learnt during off-the-job training sessions
  • Give candidates the time to complete their NVQ portfolios
  • Enlist the gelp of your Training Adviser if you have any concerns about any aspect of the training delivery

Reviewing candidate progress

To check that the candidate is getting the most out of their training programme it is important to monitor their progress at regular intervals. This will ensure that any additional training or support needs are identified and properly addressed. We will fully involve the candidate and their supervisor and agree with you the best time for these reviews to take place, to ensure that normal workplace activities are not disrupted.

Total People’s role:

  • Organise a schedule of regular review meetings
  • Involve the candidates and the workplace supervisor in the review
  • Check and record the progress made by the candidate
  • Identify additional training and support needs and amend the Learning Plan accordingly
  • Agree and record actions to be taken and targets to be met between reviews

Employers role:

  • Let the Training Adviser know how the candidate is progressing in the workplace
  • Advise us of any concerns which you may have regarding the candidate's progress
  • Actively participate in the candidate review process
  • Keep the Training Adviser informed of workplace training and assessment opportunities that may occur in the period between reviews

Report of Accident or Dangerous Occurrence

Please dowload the supplied form (by clicking here) to report any accidents or dangerous occurrences.

This form should be printed out and then filled out in full, including your signature, name and position.

This form should then faxed to 01606 734001 or be sent to:

Total People Ltd
Group House
King Street
Middlewich
Cheshire
CW10 9LZ

If you require any assistance with this form please contact Total People on: 01606 734000

The Assessment Process

Your candidate is assessed for the NVQ and Key Skills qualifications by a variety of means:

  • Observation in the workplace by a qualified assessor
  • Responding correctly to questions asked by the assessor
  • Providing performance evidence related to the workplace and standards. (For example invoices, minutes of meetings, photographs of work undertaken, videos) etc.
  • Projects linked to the national standard
  • Written knowledge tests (if applicable)
  • Witness testimonies from the employer

Some frameworks require additional formal qualifications to be undertaken. This is usually carried out at college or in one of Total People’s highly equipped Training Centres, and is defined by the industry lead body.

The roles in the assessment process are:

The Candidate: the person whose competence is being judged.

The Assessor: the person who judges the candidate to be competent.

The Internal Verifier: the person who checks that candidates and assessors clearly understand what is required by the standards and ensures that all the assessors judgements are valid and consistent.

The External Verifier: appointed by the awarding body (i.e. City and Guilds/OCR etc) to visit, the Approved Centre to ensure that its assessment judgements are at the same level as other approved centres and thus the ‘National Standard’ is achieved.

The Centre Co-ordinator: the person appointed to liaise with the assessors, internal verifiers and external verifiers on behalf of Total People.

The candidates' right to appeal:

If your candidates disagree with an assessment decision they have the right to appeal. This is first made to the internal verifier who will check the assessor’s decision. In the unlikely event that the situation is not resolved then the centre co-ordinator will investigate the appeal. If the candidate is still not satisfied then the external verifier must be notified. This only happens in extreme circumstances.

The role of Training Advisers

All of our Training Advisers are occupationally competent, bringing a breadth of knowledge and experience of both the industry and training in general.

Training Standards Inspectors reported:

“Training Advisers do not have a fixed base and are mobile within the area. They are empowered to make decisions and take actions to rectify situations, issues or concerns. Information, trainee’s files and support material is always readily available and enables prompt and immediate resolutions to be made. This ensures more time can be spent with trainees than at the base”

Training Advisers will:

  • Draft and distribute vacancy details to interested young people and Connexions centres throughout the area
  • Initially assess young people by interview, assessing Key Skills ability. In some cases a formal aptitude test may be arranged, this will depend on the requirements of the occupational area
  • Allocate sufficient funds to ensure training for the chosen qualification is secured
  • Monitor candidate's attendance at college or training centres as applicable, giving you feedback on progress
  • Monitor the training undertaken in the workplace, giving advice and guidance on improvements, but more importantly giving you written reports on the progress towards the qualifications
  • Conduct work-based assessments to confirm candidate competence in the occupational area
  • Conduct thorough Health and Safety vets to ensure your compliance with regulations and also a safe working environment for the young person.

Contracts of Employment

Producing a Contract of Employment
Guidelines

What is a contract of employment?
It is a legally binding agreement between employer and employee which is formed when an employee agrees to work for an employer in return for pay. It may be made orally, but should be in writing to avoid dispute. You are legally required to put some of the main particulars of employment in a written statement.

What is a written statement?
It is a summary in writing of an employee's main particulars of employment. It is not itself a contract of employment but is evidence of the contract of employment.

Why produce a written statement?
Because you are required by law to give written statements to all employees who have been in your employment for at least one month. Incomplete or inaccurate written particulars of employment can result in increased compensation being awarded at an employment tribunal in the event of a successful separate claim. It helps to avoid misunderstandings and disputes about employee's particulars of employment. Written statements should be given to all employees.

Who is not entitled to a written statement?
Anyone who is not an employee, for example an independent contractor or freelance agent.

How should it be written?
Keep it simple. Write straightforward English and don't use jargon or legalistic language.

Tailor it to your own needs
The sample of a written statement given in this guide is only an example which should be adapted to suit your own organisation. You can refer employees to other documents where permitted for example government documents for information on sickness provisions and certain disciplinary/grievance matters. All other information on employment particulars must be included in the written statement and, in practice, it is usually better in a smaller company to put all the information in one document.

When should it be produced?
You are required by law to give employees their written statements within two months of the start date of their employment – ideally on the first day. You may provide the written statement in the form of a letter of engagement and/or a written contract before the employee begins work. Go through the statement with employees to clarify any points and to answer any queries they may have about their employment. The law allows you to issue the written statement in installments, but certain key information must be included in the 'principal statement' which must take the form of a single document.

These items are:
• Name of employer and employee
• Date employment and contributions began
• Job location
• Pay
• Working hours
• Holiday entitlements
• Job description/job title
• Details of any collective agreements that directly affect the employee's conditions of employment.
The remaining information can be given in installments, but all the installments must be given to the employee within two months of the date of starting work.

What about changes to the written statement?
Changing a contract can have complex legal implications if not handled properly. These are some key points to remember. At common law a contract can be changed only by mutual consent. Terms in individual employment contracts can be changed validly in the following ways:

• The employer and employee may agree on the change.
• The contract may provide for changes. For example, a contractual mobility clause will allow an employer
to move an employee from one workplace to another as long as the employer acts reasonably in doing so.
• Individual contracts may be varied by a union agreement which is binding on individual employees.
• The employer may, by giving the proper period of notice, terminate the existing contract and substitute a new one. However, the employer should be aware that the employee could make a claim of unfair dismissal.

If you are preparing written statements from existing employees, you are not entitled to change the present terms. These may have arisen from appointment letters, old statements, custom or practice and the new written statement should incorporate these. If there are any agreed alterations to an employee's terms and conditions after the statement has been issued, you must give the employee written notification giving details of the changes as soon as possible and in any event within one month of the changes taking place.

Written notification must be issued on every occasion that there is a change in terms and conditions.

Example of a written statement
All of these items must be included by law, except for 'optional extras' which are printed here in italics.

*Name of employer:

*Name of employee:

*1. Commencement of Employment and Continuous Employment
Your employment with this company began on:
Your previous employment does/does not count as part of your continuous period of employment.

*2. Job Title
You are employed as a:

*3. Job Description

*4. Job Location

*5. Pay
Your rate of pay is:
You are paid at intervals:
Other pay information:

*6. Hours of Work
Your hours of work are:

*7. Holidays
Your holiday entitlement is:
Your holiday pay is:
Your holiday year begins on:
You are entitled to the following public holidays:

#8. Sickness Absence
Your sick pay entitlement is:
Your rate of payment is:
For sickness periods over 5 days, you must get a Medical Certificate.
For shorter periods you must complete a self-certification form.

9. Absence from Work
If for any reason you cannot come to work, you should telephone us as soon as possible on the first day of
your absence by (time) and speak to (outline the job title of the person who should be contacted).

#10. Pension Scheme
The company does/does not operate a pension scheme. A pensions contracting out certificate is/is not in
force for your employment with us.
The details of the Company pension scheme are as follows:

#11. Ending the Employment
Your contract is for an indefinite period but subject to notice.
After one month you must give one week's notice to terminate your employment.
After one month you are entitled to one week's notice for the first two years in your job, and after that you
get an extra week for each year up to a maximum of 12 weeks after 12 years.

For example:

Length of Service Notice
More than one month but less than 2 years 1 week
More than 2 years but less than 3 years 2 weeks
More than 3 years but less than 4 years 3 weeks
And so on until more than 12 years 12 weeks
OR
Your employment contract is for a fixed-term and expires on:
OR
Your employment is temporary and is expected to continue for:
(You should indicate only the likely duration of the employment).

#12. Disciplinary Rules
Include disciplinary rules here.

13. Disciplinary Procedure
Example of a contractual disciplinary procedure:
1) Purpose and Scope
The Company's aim is to encourage improvement in individual conduct. This procedure sets out the action
which will be taken when disciplinary rules are breached.
2) Principles
a) The procedure is designed to establish the facts quickly and to deal consistently with disciplinary issues. No disciplinary action will be taken until the matter has been fully investigated.
b) At every stage you will have the opportunity to state your case and be accompanied, if you wish, at the hearings by a shop steward if appropriate, or by a fellow employee.
c) You have the right to appeal against any disciplinary penalty.
3) The Procedure
Stage 1 – First Written Warning
If your conduct or performance is unsatisfactory, you will be given a First Written Warning. The warning will be disregarded after 6 months satisfactory service.
Stage 2 – Final Written Warning
If your conduct or performance is still unsatisfactory, a Final Written Warning will be given making it clear that any recurrence of the offence or other serious misconduct within a period of 6 months will result in dismissal.
Stage 3 – Dismissal
If there is no satisfactory improvement or if further serious misconduct occurs, you will be DISMISSED. You will receive a written statement setting out why the Company has decided to take disciplinary action. You will attend a meeting at which you may be accompanied. You will be given the right to appeal against the Company's decision.

4) Gross misconduct
If, after investigation, it is confirmed that you have committed one of the following offences (the list is not
exhaustive), you will normally be dismissed:
• Theft
• Damage to company property
• Fraud
• Incapacity for work due to being under the influence of alcohol or illegal drugs
• Physical assault
• Gross insubordination
While alleged gross misconduct is being investigated, you may be suspended, during which time the normal hourly rate will be paid. Any decision to dismiss will be taken by your employer only after a full investigation.
5) Appeals
If you wish to appeal against any disciplinary decision, you must do so within five working days. Your employer will hear the appeal and decide the case as impartially as possible. If you are dissatisfied about any disciplinary decision that affects you please contact:

#14. Grievances
If you have any grievance concerning your employment, please contact:

15. Grievance Procedure
Example of a grievance procedure:
It is company policy to ensure that any employee with a grievance has access to a procedure which can lead to a speedy resolution of the grievance in a fair manner.
Stage 1
If you have a grievance about your employment, you should first raise it orally with your immediate supervisor, who should give you a reply within two working days.
Stage 2
If the reply given at Stage 1 does not satisfactorily resolve the grievance, you should detail the grievance in writing. The written grievance will then be submitted to the Office Manager.
Stage 3
If the matter is not resolved satisfactorily within five working days, you may elect to appeal to the Managing
Director, who will give a decision within five working days. The decision will be final.

16. I acknowledge receipt of my particulars of employment
Signed:
Date:
Guidance notes
Items marked * must be included in a single document – the 'Principal Statement'. If there is no provision for any of the items which must be included, this must be made clear. For instance, in item 5 on Pay, if there is no overtime rate payable, then the written statement should say so. Other items can be provided either in the principal statement or in other installments.
For items marked #, the employee can be referred to other documents accompanying either the principal statement or in installments which must be given to the employee within two months of the date of starting work.

*1. Continuous Employment
A number of statutory employment rights depend upon the employee having a certain period of 'continuous employment'. A period of employment counts towards the employee's continuous service only if it is unbroken. Work with a previous employer may sometimes count towards the employee's continuous service, this will usually be the case where there has been a merger or takeover of your old company. The rules on this are not simple and if in doubt you should seek advice.

*2. and *3. Job Title and Job Description
The law requires you to include a brief description of the work involved or a job title. It is important that the employee understands the range of duties to be reasonably undertaken. This is particularly important where flexible working practices have been introduced.

*4. Job Location
Whether or not you can insist on the employee's mobility will depend upon the terms of the contract. To avoid confusion it is best to put any mobility terms in writing. You should state the precise location of the job. You should outline clearly the extent of mobility required – whether the employee is required to work at more than one location in an area, or anywhere in the UK, or in posts overseas.

*5. Pay
Provide employees with clear, comprehensive information about their pay and other benefits because misunderstanding about pay generates mistrust and suspicion. If it is appropriate to your organisation, you should include the following information on the written statement:
• Details of bonus schemes
• Overtime rates and when they apply
• Details of other benefits such as luncheon vouchers
• Deductions from pay
• Methods of payment
• Standby arrangements and payments.

It is also useful to give details of any other benefits you provide such as:
• Allowances for clothing or travel
• Company cars/vehicles.

*6. Hours of Work
Any terms and conditions relating to normal working hours should be included. Describe any arrangements for flexibility in hours of work. Where appropriate outline arrangements for shift working or flexitime. Outline any special arrangements for part-time workers. State whether overtime is voluntary, compulsory or guaranteed and how much notice of overtime will be given.
Under the Working Time Regulations an employer is required to take all reasonable steps to ensure that workers do not work more than an average of 48 hours a week over a 17 week period. However, individual workers may choose to agree to work more than the 48 hour average weekly limit. If they do so, the agreement must be in writing and must allow the worker to bring the agreement to an end. A worker is also entitled to a rest period of 11 consecutive hours between each working day; to an uninterrupted rest period of not less than 24 hours in each seven day period and to an uninterrupted break of 20 minutes when daily working time is more than six hours. Young workers, those between 16–17, are subject to different rules.

The law says that young workers must not work more than eight hours a day, or more than forty hours a week. Twelve hours rest between each working day must be provided, and two rest days per working week. Young workers are entitled to a thirty-minute rest break when working for longer than four and a half hours.

There are special limits on the hours of work at night. Young workers cannot usually work between 10pm and 6am. If they are contracted to work after 10pm, they must stop work at 11pm and not start again before 7am. There are some exceptions for young people who work in hospitals, agriculture, retail, hotels and catering, bakeries, post/newspaper deliveries, or in connection with cultural, artistic, sporting or advertising activities. Young people are not allowed to work between midnight and 4am, except in the most exceptional circumstances.

The rules about working at night do not apply when:
• The employer needs the young person to work to maintain continuity of service or production, or to respond to a sudden rush in demand, and;
• doing the work would not affect the young persons education and training;
• no adult is available to do the work;
• the young person is supervised by an adult (if this is necessary for their protection);
• they are allowed a period of rest as compensation.

If young people are allowed to work at night, they must be given a free assessment of their health and ability to do the work. The assessment should be repeated at regular intervals.

Night Work: Employers are required to take all reasonable steps to ensure that the 'normal' hours of their night workers do not exceed an average of eight hours for each 24 hours over a 17 week period. The average period may be extended in certain circumstances.

*7. Holidays
Under the Working Time Regulations 1988 a worker is entitled to at least four weeks paid leave each year. If you wish to offer the employee longer holidays than the minimum entitlement, then it is a matter for negotiation between you and the employee or the employee's representatives. The law requires particulars of all terms and conditions relating to holiday entitlement, including public holidays and holiday pay to be included in the written statement. The particulars should be sufficient to enable the employee's entitlement, including any entitlement to accrued holiday pay on termination, to be precisely calculated.

For example, if appropriate, the statement should include particulars relating to:
• How holiday pay is calculated, i.e. does it include commission, shift allowances, overtime pay?
• How holiday pay is accrued (including for part – timers).

It is also useful to include information in:
• Restrictions on when holidays may be taken.
• Methods of resolving disputes about when holidays may be taken.
• Details of annual shutdowns.
• Carrying forward holidays not taken into the next holiday year.

#8. Sickness Absence
This is one of the four areas where you can refer employees to other documents. You should ensure that the employee has reasonable access to the document, whether it is a staff handbook or some other form. Copies could be put on notice boards or made available in rooms to which employees have easy access or attached to the statement itself. It is advisable to explain not only when the employee is entitled to sick pay but also details of any conditions attached to it such as length of service, waiting days and Statutory Sick Pay (SSP), how long it lasts and what happens if employees are sick during a holiday.

9. Absence from Work
You are not required by law to include this section. However, this issue often causes problems so it is important to make it clear to employees that they should contact a particular person (normally their line manager) as soon as possible on their first day of absence (for whatever reason).

#10. Pension Scheme
Employers with five or more employees who do not operate a pension scheme are required to provide access to a stakeholder pension scheme. They must:
• Name a stakeholder provider.
• Provide information to employees.
• Offer a payroll deduction facility for employee contributions.
• Enable staff to join the scheme within three months of starting their job.

Firms and individuals (such as trustees) are liable to fines for non-compliance. Where there is a scheme, the rules and regulations are usually too complex to be contained in full in written
statements. This is another instance where the law allows you to refer the employee to another document, such as a leaflet or a company handbook, for comprehensive information on your pension scheme.

However, you could if you wish include brief details in the written statement, covering such aspects as:
• How the pension is calculated.
• Whether the scheme is voluntary or compulsory.
• Whether the scheme is contributory or non contributory.
• The qualifications for joining the scheme (which should not be directly or indirectly discriminatory).
• Whether the company has contracted in or out of the state pension scheme.

#11. Ending the Employment
There should be provision for reasonable notice on either side to terminate the contract. The periods of notice that are shown are the minimum periods required by law. If you wish to increase the periods of notice required by you, then you must obtain the agreement of the employee. As an alternative to including details of notice requirements in the written statement, the law allows you to refer the employee to the legislation or to any collective agreement which directly affects the terms and conditions of the employment. Employees must have reasonable access to copies of the relevant collective agreement, but you are not required by law to make available copies of relevant employment legislation.

Where the employment is not intended to be permanent, you should state on the written statement when it is expected to end. If the contract is for a fixed period, you should state the date when it is expected the end.

#12. Disciplinary Rules
All employers must have minimum Disciplinary and Dismissal Procedures (DDP) which they must follow otherwise a dismissal will be automatically unfair. There are two types of DDP; Standard and Modified. You should not use the statutory three-step Discipline and Dismissal Procedure in the early stages of disciplinary action for alleged minor offences. For example, if an employee is persistently late and you wish to initiate formal disciplinary action, you should give the employee a first written warning. You should only use the three-step procedure when you are considering taking serious disciplinary action, such as dismissal, suspension without pay, or demotion. Therefore, you will use the three-step procedure if an employee's conduct or performance has failed to improve following a series of warnings or if the employee has allegedly committed an act of gross misconduct.

The modified statutory discipline and dismissal procedure is a two step procedure. In Step 1, you write to the employee setting out the reasons for dismissal and give the employee the right of appeal.

Step 2 will be set in motion if the employee wishes to meet you to appeal against the dismissal. The modified two-step procedure should be used only in a very small number of gross misconduct cases where the employee's conduct would justify summary dismissal.

The statutory disciplinary and dismissal procedure is as follows:
Step 1 – Statement of grounds for action and invitation to meeting.
• The employer needs to put in writing the employee's alleged conduct or other circumstances which led the employer to consider dismissing or taking disciplinary action against the employee.
• The employer needs to send this statement or a copy of it to the employee and invite the employee to a meeting to discuss the matter.

Step 2 – Meeting
• The meeting must take place before action is taken (except suspension of the employee).
The meeting should not take place unless:
(i) The employee has been told by the employer the basis for his statement outlined in Step 1.
(ii) The employee has had a reasonable opportunity to consider a response.
• The employee must take all reasonable steps to attend the meeting.
• The employer must inform the employee of his/her decision after the meeting and explain how to appeal if the employer is not satisfied with it.

Step 3 – Appeal
• The employee must inform the employer if she/he wishes to appeal.
• In the event of a wish to appeal, the employer must invite the employee to a further meeting.
• The employee must take all reasonable steps to attend the meeting.
• The appeal meeting does not have to take place before the disciplinary or dismissal action takes effect.
• The employee must be informed, after the appeal, of the final decision.
• The employee has a right to be accompanied to meetings by a colleague or a trade union representative.

13. Disciplinary procedure
You are required by law to have a disciplinary procedure.
The example given of a disciplinary procedure is intended only as an illustration which may be adapted to suit the needs of your own organisation.
If you ask your workers to attend certain grievance and disciplinary hearings they have a statutory right (if they request) to be accompanied by a fellow worker or trade union official. This right applies irrespective of how many workers you employ. If you refuse a request from a worker to be accompanied at a disciplinary or grievance hearing the worker may make a complaint to an employment tribunal.

#14. and 15. Grievances
The employment act 2002 requires employers to have a grievance procedure.

There is a statutory grievance procedure which operates as follows:
In Step 1 – the employee sets out in writing his or her grievance with the employer.
In Step 2 – the employer arranges a meeting to discuss the employee's grievance. The employee has the
right to be accompanied. At the end of the meeting, the employer informs the employee of the decision and the employee's right to appeal.
In Step 3 – the employee tells the employer if he or she wishes to appeal. If an appeal is requested, a further meeting is arranged, if possible with a more senior or different manager. The employee has the right to be accompanied. At the appeal meeting the employee is told of the employer's decision. The law allows you to refer employees to a separate document which should be readily available and provide them with more information about the grievance procedure. A grievance procedure can be of mutual benefit to both employer and employee because it can provide an open and fair way for employees to make known their complaints and it can help to resolve grievances quickly before they develop and become major problems. At the appeals stage in the grievance procedure, it is good practice to have the appeals heard by someone who was not involved in dealing with the issue concerned.

Workers have a statutory right to be accompanied at certain grievance hearings.
The example given of a grievance procedure is intended only as an illustration which may be adapted to suit the needs of your organisation.

16. Employee's signature
There is no legal requirement that an employee should sign his or her written statement. However, employees who are asked to sign the statement are probably more likely to have read and questioned its contents and there is less likelihood of future disputes over the terms of these particulars of employment.

You can ask for acknowledgement of receipt, which just records that the employee received the document, or you can ask for confirmation that it is correct. You should not, however, put undue pressure on employees to accept what may be your view of the particulars and not theirs.

17. Examples of other items that could be included in the written statement:
• Appraisal arrangements
• Training and staff development
• Time-off arrangements
• Trade union membership
• Health and safety matters
• Lay-offs and short time working
• Maternity/paternity and working parent policies
• Redundancy policy
• Suggestion schemes
• Company vehicles
• Staff purchase
• Expenses
• Outside interests – other employment
• Right to search
• Smoking policy
• Plant and tools
• Restraints following termination
• Changes to terms and conditions of (restrictive covenants) employment
• Use of mobile phones
• Use of computer facilities including internet and email
Alternatively, this additional information may be included in a company handbook.

Legal information is provided for guidance only and should not be regarded as an
authoritative statement of the law, which can only be made by reference to the particular
circumstances which apply. It may, therefore, be wise to seek legal advice.

 

 

 

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