The written statement of employment particulars.
Every new employee and worker must have a written statement of their main terms on their first day. Here is what it must say, what can follow within two months, and what to do when the terms change.
The written statement
What the law sets
Day 1
Main terms due
2 months
Wider statement
1 month
To tell a change
- Pay, hours and holiday In the principal statement Day 1
- Sick pay and notice periods Due on day one, can be separate Day 1
- Pensions and procedures Can follow within 2 months 2 months
- Missing or wrong statement A tribunal can add up to 4 weeks’ pay 4 weeks
What it is, and who gets one
The written statement of employment particulars sets out someone’s main terms of work. It is sometimes called a section 1 statement, after the section of the Employment Rights Act 1996 that requires it.
Both employees and workers must get one, from their first day. A contract can be the written statement if it includes everything below.
What must be in it on day one
The main document, the principal statement, must give at least:
- the employer’s name, and the person’s name, job title or a description of the work, and start date;
- for an employee, the date any earlier job that counts towards continuous employment began;
- how much and how often they are paid;
- their hours and days of work, and whether those can vary;
- their holiday entitlement;
- where they work, and whether they might have to move;
- how long the job is expected to last, or the end date of a fixed-term contract;
- any probation period and its conditions;
- any other benefits;
- training they must do, and whether you pay for it.
Also due on day one, in the statement or in a separate document they can easily get to, such as an intranet: sick pay and the procedure for sickness, other paid leave such as maternity and paternity leave, and notice periods.
What can follow within two months
A wider written statement can follow within 2 months of the start, covering:
- pensions and pension schemes;
- collective agreements;
- any other training you provide that they don’t have to do;
- your disciplinary and grievance procedures.
When something changes
Tell the person in writing about any change to these particulars within one month of making it. A pay rise, new hours or a move to another site all count.
If you don’t give one
Someone without a correct statement can raise it with you, then a grievance, and as a last resort ask an employment tribunal to decide what their particulars should have been. When they win another claim against you, such as for unpaid wages, the tribunal can add up to 4 weeks’ pay for a missing or wrong statement, with a limit on a week’s pay.
Sources
- Written statement of employment particulars (GOV.UK), with its page on problems with a written statement
- Employment Rights Act 1996, Part 1 (sections 1 to 4)
This guide is general information, not legal advice. For one person’s situation, ask Acas (0300 123 1100, free) or a solicitor.
A written statement ready on day one.
KivoHR fills in the written statement from the record, leaves what it doesn’t know for you to type, and has it signed on any phone.