Does an employee have a right to a statement of employment particulars when employed for less than 2 months?
Yes, if they have worked continuously for at least 1 month, held the EAT in Stefanko and others v Maritime Hotel Ltd.
The Claimants were all employed as waiting staff by the Maritime Hotel. They all had relatively short periods of employment of a few months. One Claimant, Ms Woronowicz, was only employed for 6 weeks. She succeeded in a claim for automatically unfair dismissal. She had complained of a failure to provide either a payslip or statement of employment particulars.
The tribunal declined to increase that award under section 38 Employment Act 2002, as Ms Woronowicz did not have 2 months' continuous employment; 2 months being the amount of time given by section 1(2) Employment Rights Act 1996 for an employer to provide a statement. On appeal the EAT decided that was incorrect.
Section 2(6) ERA says that the right to a statement of employment particulars exists even if a person's employment ends before the 2 months are up. Ms Woronowicz was therefore entitled to one, and an increased award.
Currently there is an exception to the right for employees who work for less than 1 month. That is due to be repealed by The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 with effect from 6th April 2020. From then every new employee will have the right from day one.
Thanks to Matthew Jackson of 10 KBW for preparing this case summary.