Employer missed deadline but did provide written statement


Case 2: The facts


Mr Denton worked for Govdata, a specialist adviser to businesses on government procurement. 


He brought various tribunal claims following his dismissal after eight months of employment, including a claim for compensation for failure to provide a written statement of employment particulars (section 38(2) of the Employment Act 2002). Under section 1(1) of the Employment Rights Act 1996, the statement must be provided within two months of the employment start date. 


Denton’s employers, Govdata, missed the statutory deadline and only provided a written statement six months into Denton’s employment. Nevertheless, the statement was provided before Denton’s dismissal and several months before his tribunal claim. Even so, the tribunal judge awarded compensation of £958 for failure to provide the statement. Govdata appealed.


The ruling


The Employment Appeal Tribunal reversed the decision. 


Govdata had complied with the duty to provide the statement, even though it missed the deadline. Since the failure had been remedied, the tribunal had no power to award compensation.


Commentary

The law that governs the employer’s duty to provide a written statement of employment particulars will soon be changing. From April 2020, the statement must be provided on day one of the job, and to all workers, not just employees.

Govdata Limited v Denton [2019] UKEAT/0237/18/BA

www.bailii.org/uk/cases/UKEAT/2019/0237_18_2801.html