asked the Secretary of State for Employment whether contracts of employment have been issued by the Kirkby Manufacturing and Engineering Company Ltd. to its employees; and, if not, what action he is taking.
There is no requirement for an employer to issue employees with a written contract of employment. A contract of employment may be written or oral, and its terms may be implied or express. My Department does not have detailed information about those employers who issue written contracts and those employers who agree the terms orally. However, the Contracts of Employment Act 1972 requires that, not later than 13 weeks after the beginning of an employee's period of employment with an employer, the employer shall give to the employee a written statement setting out the main terms and conditions of employment. Where there is any change in the terms and conditions, this should be given to the employee in writing not later than one month after the change.The enforcement of these provisions is not a matter for the Secretary of State. Where an employee thinks that his employer has failed to comply with the written statement provisions of the Act, he has the right to ask an industrial tribunal to determine what particulars ought to have been included in the written statements, and where a tribunal determines particulars, the employer is deemed to have given a statement including them.
asked the Secretary of State for Employment what action he is taking following the unanimous decision of the industrial tribunal held at Exeter on 10th July that Mr. C. S. McIntrye was unfairly dismissed by the Kirkby Manufacturing and Engineering Company Ltd. and should be re-engaged by the company on the same terms and conditions.
I regret that there is no action my right hon. Friend can take following the decision of the industrial tribunal at Exeter that Mr. C. S. McIntyre was unfairly dismissed and should be re-engaged by the company on the same terms and conditions. The implementation of a recommendation of re-engagement is not a matter for the Secretary of State for Employment. However, I understand that the employer has made the employee a written offer of re-engagement.