These questions are being answered by Learn HR, a market leader in the provision of HR and payroll training and nationally-recognised professional qualifications.
Q: "What do I do if an employee refuses to accept the written statement of particulars that I am trying to issue to him?"
A: If an employee refuses to accept the written statement of terms and conditions that the law requires the employer to issue, the employer needs to determine:
A) Is the employee being suspicious or bloody-minded? If so the employer should try to allay any concerns. If the employee still refuses to accept the statement, the employer should note that fact on the statement and put it in the employee’s file, telling the employee that it is there for him or her to collect at any time.
or
B) Is there a disagreement about the content of the statement? If so the employer should discuss it with the employee and subsequently will have three options:
1. If the employer agrees to the change required by the employee, the employer should make appropriate amendment to the statement and reissue it. Care should be taken that this does not set a dangerous precedent or cause discontent among other employees.
2. If the employer is not prepared to amend the statement the employee should be told that he has either to accept it or leave the company. If the employee still refuses to accept the statement and has less than one year of service, he or she should be given notice of termination.
3. If the employer is not prepared to amend the statement but the employee has at least one year of service, the employer should make absolutely sure that the employee is not entitled to the change he or she is demanding, for example that no oral arrangement has been made, however informally, or that other people in similar circumstances do not enjoy the claimed benefit. That being the case, the employee should be handled in accordance with the statutory discipline and dismissal procedure (and with any greater benefits provided by the employer’s own procedures). Warnings should be given that failure to work to the terms of the offered statement can only result in the employee being dismissed. If the employee consistently refuses, he or she should be given notice of termination.
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