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Terms of Employment

Essentially, there are 3 types of Statements and when to deploy one or other of them depends on when the employee commenced employment.

In the ideal world you issue a new employee with a 5 Day Statement which means that it has to be sent the employee, preferably by e mail within 5 days of commencing employment.

If you issued a 5 day Statement, well then you are required to follow it up within 1 month with the Section 3(1) Statement.

Note, it is enough to comply with the legal requirements if your 5 Day Statement incorporates all the particulars for both the 5 Day and Section 3(1a) statements – which means that a full 5 Day Statement gives rise to a one off Statement.
The last Statement – is a Combined S.3(1) and S.3(1a) Statement and may cover situations where a Statement has not been issued within the 5 day or 1 month period
Statement Type Description
5-Day Statement (Section 3(1a)) Which Is A Short Summary Of The Terms Of Employment When An Employee Commences Employment Ie. Within 5 Days Of Commencing Employment.
Statement Section 3(1) This Is A More Complete Statement And It Follows On In Instances Where The 5 Day Statement Has Issued. It Is To Be Issued Within One Month Of The Date Of Commencement.

Combined Statement

 This Is A Combination S.3(1) And S.3(1a) Statement And May Be Used In Circumstances Whereby The Employee Was Not Issued With An Statement/s. It’s Akin To A Catch All Statement.

Statements must be in writing and signed and dated by the employer or by someone authorised by the employer. It is best practice to transmit the contract by email and thereby have evidence of delivery to the employee. It is not necessary for an employee to sign and/or date the Statement/Terms/Contract. 

An employee must have continuous service of at least 4 consecutive weeks with an employer before they are entitled to refer a complaint to the WRC. However, an employee must have continuous service of more than 1 month in relation to contraventions of Section 3(1A) (Day 5 Statement).
Where a complaint is made to the WRC by an employee and the WRC complaint is upheld, an employee may be awarded compensation of up to four weeks’ remuneration.