Written statement of employment particulars

Under section 1 of the Employment Rights Act 1996, every employer must give each employee and worker a written statement of the main terms of the job no later than their first day. A few items, such as pensions, collective agreements, training entitlement and the disciplinary and grievance note, can follow within two months. If the statement is missing or incomplete, a tribunal can add two or four weeks’ pay to any other award it makes.

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Who has to receive a written statement?

Since 6 April 2020 the duty in section 1(1) applies whenever “a worker” begins employment, not only employees. That brings casual, zero hours and other workers within scope from day one, with no minimum length of service. The statement is not itself the employment contract, as GOV.UK points out, although section 7A lets an employer meet the duty by giving a contract of employment or letter of engagement that contains all the required information. If you are unsure whether someone is a worker or an employee, see worker, employee or self employed rights.

What must be given on the first day?

Section 1(2) requires the main particulars to be in a single document, often called the principal statement, given not later than the beginning of the employment. Sections 1(3) and 1(4) list what it must contain:

the names of the employer and the worker;
the date employment began and, for an employee, the date continuous employment began, counting any earlier employment that carries over;
the pay rate or method of calculating it, and how often it is paid;
normal hours, the days of the week the worker must work, and whether and how those hours or days can vary;
holiday entitlement, including public holidays and holiday pay, in enough detail for accrued holiday pay on leaving to be calculated precisely;
terms on sickness absence and sick pay, and on any other paid leave;
any other benefits the employer provides;
notice periods on both sides;
the job title or a brief description of the work;
for temporary or fixed term work, the expected duration or end date;
any probationary period, its conditions and its length;
the place of work, or if the worker works at various places, a statement of that and the employer’s address;
any training the employer requires the worker to complete, including training the employer will not pay for;
for work outside the United Kingdom for more than a month, the period abroad, the currency of pay, any extra pay or benefits and terms for returning.

The pay and terms must be stated as at a date not more than seven days before the statement is given. Where there are no particulars under a heading, section 2(1) requires the statement to say so; leaving a heading out is not the same as saying “none”.

What can be put in another document?

Section 2(2) allows the statement to refer the worker to another reasonably accessible document for sick pay, other paid leave, pensions and training entitlement. Section 2(3) allows notice periods to be stated by reference to the law or a collective agreement. GOV.UK gives the employer’s intranet as an example of a document the worker has reasonable access to.

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What can follow within two months?

Section 2(4) allows the following to be given in instalments, but no later than two months after employment begins, even if the job ends before then:

pensions and pension schemes;
collective agreements that directly affect the terms;
any training entitlement provided by the employer that is not compulsory;
the section 3 note on disciplinary rules, disciplinary and dismissal procedures, and who to appeal or raise a grievance with and how.

If the worker is to start working outside the United Kingdom for more than a month before those two months are up, section 2(5) requires the instalment by the time they leave. Pension information still needs care because auto enrolment duties run alongside; see auto enrolment employer duties.

What happens when terms change?

Section 4 requires a written statement of any change to the particulars at the earliest opportunity and in any event within one month of the change. If the change is that the worker must work abroad for more than a month, it must be given before they leave if that is sooner. A change of employer name without a change of identity, or a change of employer where continuity is preserved, does not need a fresh section 1 statement, but it is still a change to be notified, and for an employee the notice must state when continuous employment began (section 4(6) to (8)).

What if an employer does not provide one?

There are two routes.

A reference to a tribunal: under section 11 a worker can ask an employment tribunal to decide what particulars should have been given, and either side can refer a dispute about a statement. Under section 12 the tribunal’s decision is treated as the statement. Where the employment has ended, the application must be made within six months of it ending, a period set by the Employment Rights Act 2025 with effect from 1 October 2026.
An extra award in another claim: section 38 of the Employment Act 2002 applies where a worker brings a claim under one of the jurisdictions in Schedule 5 to that Act, which include unauthorised deductions from wages under section 23 of the 1996 Act, unfair dismissal and breaches of the Working Time Regulations 1998. If the employer was in breach of section 1 or 4 when proceedings began, the tribunal must award two weeks’ pay, or may award four weeks’ pay if it is just and equitable, unless exceptional circumstances make that unjust. A week’s pay is capped at the figure in section 227 of the 1996 Act, which is £751 from 6 April 2026.

Worked example

Illustration only. A café takes on a weekend worker on 1 March and gives her only a text message with her hourly rate. In August she leaves and brings a successful claim for unpaid holiday pay under the Working Time Regulations 1998, one of the jurisdictions listed in Schedule 5. Because no statement had been given when proceedings started, the tribunal must add two weeks’ pay and may add four. If her weekly pay is £300, that is £600 or £1,200 on top of her award. A single compliant document on her first day would have avoided it.

How does this connect to payroll and onboarding?

The written statement is the document payroll should check against: pay rate, pay interval, hours and holiday terms all feed into minimum wage, holiday pay and sick pay calculations. Collecting the statement at the same time as the HMRC starter information keeps records consistent; see the starter checklist and national minimum wage for employers. If you run payroll for a client and the hours or pay basis for a new starter is unclear, ask to see the statement before the first pay run.

What mistakes do employers make?

Waiting until the end of a probationary period to issue terms. The core statement is due on day one.
Issuing statements to employees but not to casual or zero hours workers.
Describing holiday so vaguely that holiday pay on leaving cannot be worked out. See holiday pay accrual.
Omitting the days of the week the worker must work, or how variable hours are decided.
Changing hours or pay and not confirming the change in writing within a month.
Forgetting the two month items, especially the disciplinary and grievance note.
Leaving headings blank instead of stating that there are no particulars.

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Reviewed by Christine Anderson, Broker, Solar Protect. Last reviewed 8 October 2026. Part of Accountapedia, the Solar Protect guide to UK tax and accounting. This page is general information, not personalised advice.