One of the fundamental employment rights in the UK is that employees and workers are provided with a written statement of employment particulars by their first day of employment. The employer is required to give the principal statement on the first day of employment and provide the broader written statement 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, or 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.
Employers are required by law to provide these written statements of the terms and conditions of employment to all employees and workers, comprising a ‘principal statement’ and a wider written statement. By law, the principal statement must be provided by the first day of employment, with the wider written statement provided within 2 months of the start of employment. This means that employers will need to prepare the written statement during the recruitment and interview process or at the latest, as soon as the individual has accepted the job offer.
All employees and workers, including those on zero-hour contracts and agency workers, are entitled to receive a written statement of employment particulars. This requirement applies regardless of the number of hours worked per week.
Those classed as workers employed prior to 6 April 2020 do not have the right to written terms.
Employers should be aware that dismissing an employee who has exercised their right to a written statement will be deemed unfair dismissal regardless of the length of time that the employee has been working for the employer.
Section B: Difference between a Written Statement and a Contract of Employment
A written statement of employment does not necessarily constitute a contract of employment, or vice versa. Contracts of employment may simply be a verbal agreement between the parties and in this situation, while in other cases, the contract may be more extensive in the terms it covers than the written statement. In this situation, and provided that the written contract incorporates the requirements of the written particulars of employment and is given to the employee within the requisite timeframe, it will also constitute the written statement.
In the event that a written statement of terms and conditions of employment and a contract are provided, the contract will be considered the prevailing document.
Section C: What to Include in the Principal Statement
As a minimum, the principal statement should include the following details:
a. Name and address of the employer
b. Name of the employee
c. Job title or job description
d. Employee’s start date and the date that their continuous employment with that employer began
e. Details about pay, including the amount and how often and when it will be paid
f. Place of work or any relocation requirements
g. Details about holiday entitlement, including holiday pay and whether bank holidays are included
h. Details about hours of work, including whether the employee is obliged to work nights, overtime and/or on a Sunday
i. Details regarding any probationary period, including its length and any conditions
j. Other benefits, whether contractual or non-contractual
k. Any training required to be undertaken by the individual, including any that will not be paid for by the employer
l. Any terms regarding working outside of the UK if this will be for more than one month.
m. End date of a temporary or fixed-term contract
Section D: What to Include in the Full Statement
The terms that can be provided in instalments, and no later than 2 months from the start of employment, are:
- Pension details
- Details of any applicable collective agreements
- Details of any non-compulsory training provided by the employer
- Details of the person to contact in the event of a grievance
- How to complain about a grievance or disciplinary procedure
If the employer and employee agree to change any of the terms, confirmation of the changes must be given in writing by the employer to the relevant employee within one month of taking place.
Section E: Failure to Comply
Employers who fail to comply with the rules governing written statements of employment particulars, either by not providing them pursuant to the legislation or not including the requisite information, could face a grievance from an affected employee. It could even lead to an employment tribunal claim against the employer, although compensation will only be granted to the employee if they successfully bring another claim at the same time, for example, unfair dismissal. The amount of compensation awarded to an employee can vary from two to four weeks’ pay and is capped at a prescribed amount. If no additional claim is brought or the employee is not successful in any additional claim, the employment tribunal may, instead, made a declaration regarding the non-compliance.
Employees entitled to receive a written statement can also make a subject access request for the information on the basis that individuals are able to request organisations which hold personal information about them to provide it. If the employer does not comply with the request, the employee could make a complaint to the Information Commissioner’s Office, which may then intervene.
Based on the above, failing to provide the written statement of employment particulars or not including the correct information in the written statement, is unlikely to result in draconian legal consequences (unless a large number of claims are brought from many employees), but compliance is advised in order to create certainty and ensure that the employer and employee are each fully aware of the key terms of the employment relationship. In addition, non-compliance by an employer could have an adverse effect on employees’ morale and, if complaints are made, on the employer’s reputation.
Section F: Need Assistance?
As employment law specialists, we can assist if you have any queries relating to disciplinaries in the workplace, such as when and how to issue a written warning. Speak to our experts today for advice.
Section G: Written Statement of Employment Particulars FAQs
What is a written statement of employment?
UK employers are required to give all new employees and workers a written document outlining the key terms of their employment.
When must the written statement of employment particulars be provided?
Employers must provide the principal statement, which includes key terms such as job title and pay, on the first day of employment. The wider written statement, covering additional details like pension schemes and disciplinary procedures, must be provided within two months of the employment start date.
Is a written statement of employment the same as a contract?
An employment contract is not the same as a written statement of employment particulars. A contract may for example be verbal.
What information must be included in the principal statement?
The principal statement must include the employee’s name, job title, start date, and details of their pay and working hours. It should also specify the location of work and the length of any probationary period.
What additional details are required in the wider written statement?
The wider written statement should include information on pensions, notice periods, disciplinary and grievance procedures, and any entitlement to sick pay or other benefits. It must also provide details of any collective agreements that affect the employment terms.
What are the consequences for employers who fail to provide a written statement?
Employers who fail to provide a written statement of employment particulars may face legal action from their employees. Employees can take their case to an employment tribunal, which may award compensation if the employer is found to be in breach of the law.
Can the written statement of employment particulars be amended?
Yes, employers can amend the written statement, but they must notify the employee in writing of any changes. Significant changes to the terms and conditions should be discussed and agreed upon with the employee, where possible.
Do part-time and temporary workers also receive a written statement of employment particulars?
Yes, part-time and temporary workers are also entitled to receive a written statement of employment particulars. The same rules and timeframes apply as for full-time employees.
Is it necessary to include information about training in the written statement?
Employers must include details of any training provided by the employer that the employee is required to complete. This includes mandatory training that is necessary for the employee to perform their job effectively.
Where can employers get more information on drafting a written statement of employment particulars?
Employers can obtain more information and guidance on drafting a written statement of employment particulars from the UK Government’s official website or by consulting with legal professionals specialising in employment law. The Advisory, Conciliation and Arbitration Service (Acas) also provides resources and support on this topic.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
