Written Statement of Employment Particulars

One of the fundamental employment rights in the UK is that employees and workers are provided with a written statement of employment particulars no later than the first day of employment. This requirement is set out in section 1 of the Employment Rights Act 1996. The employer is required to give the principal statement on or before the first day of employment and provide any additional particulars permitted to be given separately within two months of the employment start date.

In this guide, we explain what a written statement is and what an employer has to do to meet this requirement.

Section A: What is a Written Statement of Employment Particulars?

A written statement of employment, often referred to as a section 1 statement, is a document which sets out the key conditions of the working relationship between the employer and the employee or worker. It is a statutory requirement and applies regardless of the number of hours worked per week.

Employers are required by law to provide these written statements of the terms and conditions of engagement to all employees and, since 6 April 2020, to workers. This includes individuals on zero-hour contracts and agency workers. The right applies from day one of employment or engagement. Those classed as workers engaged prior to 6 April 2020 did not acquire a retrospective right to a written statement unless their engagement changed after that date.

The written statement comprises a ‘principal statement’ and a wider written statement containing additional particulars. The principal statement must be provided on or before the first day of employment. Certain further particulars may be provided in instalments, provided they are given no later than two months after the employment start date. In practice, this means employers need to prepare the principal statement during the recruitment process or at the latest once the individual has accepted the job offer.

A written statement of employment particulars is not optional and it is not merely administrative. If an employee is dismissed for asserting their right to receive a written statement, this can amount to automatically unfair dismissal under the Employment Rights Act 1996. No minimum period of service is required where the dismissal relates to the assertion of a statutory right.

Employers should therefore treat the written statement as a core compliance document. It provides clarity at the outset of the relationship and forms part of the framework within which pay, hours, holidays and other key terms are understood and applied.

Section B: Difference between a Written Statement and a Contract of Employment

A written statement of employment particulars does not necessarily constitute a contract of employment, nor is a contract automatically the same as the statutory written statement. The two concepts overlap, but they are not identical.

A contract of employment can be formed verbally, in writing or through conduct. In many cases, the contract will be more extensive in the terms it covers than the minimum particulars required by section 1 of the Employment Rights Act 1996. A written statement, by contrast, is a statutory requirement to provide specified information in writing within defined timeframes.

In practice, most employers choose to incorporate the written statement requirements into a written contract of employment. Provided that the written contract contains all of the mandatory section 1 particulars and is given to the employee or worker on or before the first day of employment, it will satisfy the statutory requirement. There is no obligation to issue two separate documents if one document complies in full.

Where both a written statement of particulars and a more detailed contract are issued, the contractual document will usually govern the employment relationship, subject to general principles of contractual interpretation. However, if the written contract fails to include all required statutory particulars, the employer may still be in breach of its section 1 obligation even if a contract exists.

It is therefore important not to assume that issuing a contract automatically discharges the statutory duty. Employers should review their documentation to ensure that the contract includes every element required for the principal statement and any additional particulars, and that these are provided within the correct statutory timeframe.

Section C: What Must Be Included in the Principal Statement?

The principal statement forms the core of the written statement of employment particulars and must be provided on or before the first day of employment or engagement. Since 6 April 2020, the scope of the principal statement has expanded and now includes a broader range of mandatory information.

As a minimum, the principal statement should include the following details:

a. Name and address of the employer

b. Name of the employee or worker

c. Job title or a brief job description

d. The date employment begins and the date on which the individual’s continuous employment started

e. Details about pay, including the amount of remuneration or the method of calculating it, and how often and when it will be paid

f. Hours of work, including the days of the week the individual is required to work, whether hours or days may vary, and how any variation will be determined

g. Place of work, including whether the individual is required or permitted to work at more than one location and any relocation requirements

h. Details about holiday entitlement and holiday pay, including whether bank holidays are included

i. Details of any other paid leave, such as maternity, paternity or other statutory leave

j. Details of sick leave and sick pay entitlement

k. Details regarding any probationary period, including its length and any conditions

l. Notice periods required from the employer and the employee

m. Other benefits, whether contractual or non-contractual

n. Any training required to be undertaken by the individual, including any training which the employer will not pay for

o. Any terms regarding working outside of the UK for a period of more than one month

p. The end date of a temporary or fixed-term contract, where applicable

Where the role includes requirements to work nights, overtime or on a Sunday, these arrangements should be clearly set out within the hours of work section of the principal statement.

Employers should ensure that the information provided is sufficiently clear to allow the employee or worker to understand the key parameters of the working relationship from day one. Generic wording or reliance on informal practices can create uncertainty later, particularly if a dispute arises about pay, hours or notice. The principal statement should therefore reflect the reality of the working arrangements rather than outdated template language.

Section D: What Additional Particulars Can Be Provided Within Two Months?

In addition to the principal statement, employers are permitted to provide certain further particulars in instalments, provided these are given no later than two months after the employment start date. These additional particulars form part of the overall written statement of employment particulars and remain a statutory requirement.

The terms that may be provided separately within this two-month period include:

a. Pension details, including whether there is a pension scheme and, if so, how it operates

b. Details of any applicable collective agreements which directly affect the terms and conditions of employment

c. Details of any non-compulsory training provided by the employer

d. Information about disciplinary rules and procedures

e. Details of the person to contact in the event of a grievance

f. Information on how to raise a grievance or pursue a disciplinary appeal

Although these particulars can be provided separately from the principal statement, they must still be provided within the statutory timeframe. Many employers incorporate this information into a staff handbook, provided the handbook is issued within two months and clearly referenced in the principal statement.

If the employer and employee agree to change any of the terms that form part of the written statement of employment particulars, confirmation of the changes must be given in writing within one month of the change taking effect. This applies whether the change relates to pay, hours, notice or any other required particular.

Employers should take care when updating templates or making contractual changes across the workforce. Failure to provide updated written confirmation within the statutory timeframe can amount to non-compliance, even where the underlying change has been agreed. Clear documentation of variations helps reduce the risk of later disputes about what was agreed and when the change took effect.

Section E: What Happens If an Employer Fails to Provide a Written Statement?

Employers who fail to comply with the statutory requirements governing written statements of employment particulars, either by not providing them within the required timeframe or by omitting mandatory information, expose themselves to legal risk.

An employee or worker cannot bring a standalone employment tribunal claim solely because a written statement was not provided. However, if they succeed in another substantive claim, such as unfair dismissal, unlawful deduction from wages or discrimination, the tribunal is required to consider whether the employer was in breach of its section 1 obligations.

Where a breach is established alongside a successful substantive claim, the tribunal can award additional compensation of between two and four weeks’ pay. This award is subject to the statutory cap on a week’s pay in force at the relevant time. Alternatively, where no additional compensation is awarded, the tribunal may make a formal declaration of non-compliance.

Employers should also be aware that dismissing an employee for asserting their right to receive a written statement, or for raising concerns about non-compliance, may amount to automatically unfair dismissal. In such cases, no qualifying period of service is required.

In addition to tribunal exposure, failure to provide accurate written particulars can lead to internal complaints or a formal grievance. Written statements are often scrutinised closely when disputes arise about pay, hours, notice or benefits. Inconsistent or incomplete documentation can weaken an employer’s position and increase the likelihood of adverse findings.

While a single failure to provide a written statement may not in itself lead to significant financial liability, repeated non-compliance across a workforce can amplify risk. Employers are therefore advised to audit their contracts and written statements regularly to ensure that all required particulars are included and issued within the correct statutory timeframe.

Section F: Summary

A written statement of employment particulars is required under section 1 of the Employment Rights Act 1996 and applies to employees and, since 6 April 2020, to workers. The principal statement must be provided on or before the first day of employment, with certain additional particulars permitted within two months.

Failure to comply cannot usually form a standalone claim, but it can increase compensation in linked tribunal proceedings and may result in a declaration of non-compliance. Employers should ensure their documentation is accurate, complete and issued within the statutory timeframe to reduce risk.

Section G: Need Assistance?

Written statements of employment particulars have to be accurate, complete and compliant with current legislation, as a core element of managing employment risk. Outdated templates or incomplete documentation can create avoidable exposure, particularly if disputes arise about pay, hours or notice.

If you require support reviewing or drafting compliant employment contracts and section 1 statements, or auditing your wider HR documentation, speak to our experts for advice tailored to your organisation.

Section H: Written Statement of Employment Particulars FAQs

What is a written statement of employment particulars?

A written statement of employment particulars is a statutory document required under section 1 of the Employment Rights Act 1996 setting out the key terms of employment or engagement.

When must the written statement be provided?

The principal statement must be given on or before the first day of employment. Certain additional particulars may be provided within two months of the employment start date.

Is a written statement the same as an employment contract?

A contract of employment can be verbal or written. A written contract can satisfy the statutory requirement if it includes all required particulars and is issued within the correct timeframe.

Who is entitled to receive a written statement?

All employees and, since 6 April 2020, workers are entitled to receive a written statement, regardless of the number of hours worked.

What happens if an employer does not provide one?

An employee cannot usually bring a standalone claim. However, if they succeed in another tribunal claim, the tribunal may award an additional two to four weeks’ pay where the employer failed to comply.

Can the written statement be amended?

If any required particulars change, the employer must provide written confirmation within one month of the change taking effect.

Does the statement need to include training information?

It must include details of any training the employer requires the individual to complete, including training that the employer will not fund.

Section I: Glossary

Section J: Useful Links