An employer must give employees a ‘written statement of employment particulars’ if their employment contract lasts at least a month or more. This isn’t an employment contract but will include the main conditions of employment.
The employer must provide the written statement within 2 months of the start of employment.
If an employee works abroad for more than a month during their first 2 months’ employment, the employer must give them the written statement before they leave.
What a written statement must include
A written statement can be made up of more than one document (if the employer gives employees different sections of their statement at different times). If this does happen, one of the documents (called the ‘principal statement’) must include at least:
- the business’s name
- the employee’s name, job title or a description of work and start date
- if a previous job counts towards a period of continuous employment, the date the period started
- how much and how often an employee will get paid
- hours of work (and if employees will have to work Sundays, nights or overtime
- holiday entitlement (and if that includes public holidays)
- where an employee will be working and whether they might have to relocate
- if an employee works in different places, where these will be and what the employer’s address is
As well as the principal statement, a written statement must also contain information about:
- how long a temporary job is expected to last
- the end date of a fixed-term contract
- notice periods
- collective agreements
- who to go to with a grievance
- how to complain about how a grievance is handled
- how to complain about a disciplinary or dismissal decision
What a written statement doesn’t need to include
The written statement doesn’t need to cover the following (but it must say where the information can be found):
- sick pay and procedures
- disciplinary and dismissal procedures
- grievance procedures
As of 6th April 2020, employers must ensure that everyone has a written statement of ‘employment particulars’ from day one. In addition, it is not just employees that have an entitlement to a statement of terms; workers (often “agency workers” or “casual workers”) are also entitled to a statement of terms from day one – even if they are only working for a few days or weeks.
The information to be included in the written statement from day one is also being expanded. In addition to the current information that must be provided for all new joiners on or after 6 April 2020 the statement should also include:
- how long a job is expected to last, or the end date of a fixed-term contract
- how much notice the employer and worker are required to give to terminate the agreement
- details of eligibility for sick leave and pay
- details of other types of paid leave e.g. maternity leave and paternity leave
- the duration and conditions of any probationary period
- all remuneration (not just pay) e.g. vouchers, lunch, health insurance
- the normal working hours, the days of the week the worker is required to work, and whether or not such hours or days may be variable, and if they may be how they vary or how that variation is to be determined
- any training entitlement provided by the employer, any part of that training entitlement which the employer requires the worker to complete, and any other training which the employer requires the worker to complete and which the employer will not bear the cost.