A worker in Great Britain is entitled to a written statement of the main terms of the job, and it is due on or before the first day. Section 1 of the Employment Rights Act 1996 imposes the duty, which applies to workers as well as employees. The statement is not the contract itself, and this guide covers England, Wales and Scotland in general terms, not the position on a particular job.
Who is entitled to the statement
Section 1(1) of the 1996 Act says that where a worker begins employment with an employer, the employer must give the worker a written statement of particulars of employment. GOV.UK says the duty covers employees and workers and that the document is known as a written statement of employment particulars. It is not an employment contract, and GOV.UK adds that an employment contract does not have to be written down and exists as soon as a job offer is accepted. The difference between an employee and a worker is explained in the guide to employee, worker or self-employed status.
Timing: the principal statement and the wider statement
GOV.UK says the statement has two parts. The principal statement must be provided on the first day of employment, and the wider written statement within two months of the start. Subject to the exceptions in sections 2(2) to (4), section 1(2) requires the particulars in section 1(3) and (4) to be in a single document, given not later than the beginning of the employment.
What the principal statement must include
GOV.UK lists at least the following, together with the names of the employer and the worker, the job title or a description of the work and the start date:
- how much and how often the worker will be paid;
- hours and days of work, and if and how they may vary;
- holiday entitlement, including whether it includes public holidays;
- where the work will be done and whether relocation is possible;
- how long the job is expected to last, and the end date if fixed-term;
- the length and conditions of any probation period;
- any other benefits, and any obligatory training whether or not the employer pays for it.
For employees, it must also give the date on which a previous job started if it counts towards continuous employment.
On the first day the employer must also give information about sick pay and procedures, other paid leave, such as maternity and paternity leave, and notice periods. GOV.UK says the employer can include these in the principal statement or provide them in a separate document that the worker has reasonable access to, such as on an intranet.
The wider statement
Within two months, GOV.UK says, the employer must give information about pensions and pension schemes, collective agreements, any other right to non-compulsory training provided by the employer, and disciplinary and grievance procedures. The grievance process itself is described in the guide to grievance procedures at work.
Changes to terms
Section 4 says that if there is a change in any matter that the statement must cover, the employer must give the worker a written statement of the change at the earliest opportunity and in any event not later than one month after the change. GOV.UK says the same. Where the change results from the worker being required to work outside the UK for more than a month, the statement is due by the time the worker leaves the UK, if that is earlier.
If the statement is missing or wrong
GOV.UK suggests trying to solve the problem informally, then raising a grievance, and taking a tribunal case as a last resort. Section 11 allows a worker to require a reference to an employment tribunal where the employer gives no statement or one that does not comply, and the tribunal decides what particulars should have been included. If the employment has ended, an application must generally be made within three months of the date it ended, or within such further period as the tribunal considers reasonable where it was not reasonably practicable to apply in time. Section 207B extends that limit for early conciliation, and the process is explained in the guide to Acas early conciliation and tribunal time limits.
GOV.UK says that where a worker wins a separate case, such as one about unauthorised deductions from pay, the tribunal may award compensation for a problem with the written statement too, up to four weeks’ pay, subject to the limit on a week’s pay.
FAQs
Is the written statement the same as my contract?
No. GOV.UK says the written statement is not an employment contract, and a contract does not have to be written down.
Does a casual worker get a statement?
Section 1 applies to a worker who begins employment with an employer, and GOV.UK says employers must give it to employees and workers.
How soon must an employer tell me about a change?
Under section 4 the statement of change is due at the earliest opportunity and not later than one month after the change.
The bottom line
In Great Britain, an employer must give every new worker a written statement of particulars, with the principal statement on the first day and the wider statement within two months, and must confirm changes in writing within one month. A missing or defective statement can be referred to an employment tribunal, usually within three months of the job ending if it has ended. This is general information, not legal advice.
Sources
- GOV.UK, “Employment contracts and conditions: Written statement of employment particulars”
- GOV.UK, “Employment contracts and conditions: Problems with a written statement”
- legislation.gov.uk, “Employment Rights Act 1996, section 1: Statement of initial employment particulars”
- legislation.gov.uk, “Employment Rights Act 1996, section 4: Statement of changes”
- legislation.gov.uk, “Employment Rights Act 1996, section 11: References to employment tribunals”