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HR tip: Demands for contractual statements

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These questions are being answered by Learn HR, a market leader in the provision of HR and payroll training and nationally-recognised professional qualifications.


Question:

"An employee has demanded a copy of his contract of employment although he was issued with one when he joined us some years ago. What should we do?"

HR tip:

There are two issues here. First – and I know that it may seem pedantic – a contract of employment does not need to be in writing in order to be valid. If the man has been working for you for money, then a contract of employment exists. What all employees are legally entitled to, and what your employee is asking for, is a statement of written particulars of employment that sets out specified details of the contract. No signatures are required on this statement.

Second, whether you originally issued one or not, give him a copy. It really is not worth the bother of arguing and in any case may highlight and give opportunity to resolve a problem.

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