Under sections 1 and 98 of the Employment Rights Act 1996, employees with more than one month’s service are entitled to a statement of employment particulars.  Under section 1(2) the employer has two months from the start of employment to provide the statement.  The EAT found that an employee with more than one month’s service is still entitled to a statement even when their employment ends before the two months are up.

Comment:  This is a reminder of employees’ entitlement to a statement of particulars even where they have short service.  However, this is due to change and with effect from 6 April 2020, all employees will be entitled to a statement, even if they have less than one month’s service.

Stefanko and others v Maritime Hotel Ltd

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