Hiring and contracts · 6 min read

The written statement of employment particulars

What has to be in the written statement, when it is due, what can go in a separate document, and what happens if you never issue one.

Reviewed September 2026. Guidance, not legal advice: employment law moves, so check the current position before relying on any of it.

Every employee and every worker is entitled to a written statement of their main terms on or before their first day. Most small employers call it the contract. The law calls it the written statement of employment particulars, lists exactly what it must contain, and attaches a penalty to leaving it out that only bites when something else has already gone wrong.

This guide sets out what the statement must say, what can be left to a separate document, the deadline, how to change it, and the mistakes that cause trouble later.

Who gets one, and when

Since 6 April 2020 the right applies to employees and to workers, from day one. The principal statement must be given on or before the first day of work. A handful of items can follow within two months. There is no minimum service, no exemption for short contracts, and no exemption for people who started as casuals.

The offer letter does not count as the statement unless it contains everything the statement must, which it almost never does. The safest habit is to send the statement with the offer, signed on acceptance, and file it before the person walks through the door.

What the principal statement must contain

All of the following must be in one document given on or before the first day:

  • The names of the employer and the employee or worker.
  • The date the employment starts, and the date continuous employment began if that is earlier (for example after a TUPE transfer or a previous contract).
  • Pay: the rate or method of calculation, and how often it is paid.
  • Hours: the normal working hours, the days of the week, and whether hours or days may vary and how.
  • Holiday entitlement, including public holidays, and enough detail to work out accrued holiday pay on leaving.
  • Any other paid leave (for example enhanced maternity or paternity pay).
  • Sick leave and sick pay terms, or a reference to a document that sets them out.
  • Any other benefits, contractual or not.
  • Any probationary period: its length and the conditions attached to it.
  • Any training the employer requires the employee to complete, and any required training the employer will not pay for.
  • The job title, or a brief description of the work.
  • The place of work, or a statement that the employee may be required to work at various places and the employer's address.
  • For temporary or fixed-term work, how long it is expected to last or the end date.
  • The notice each side must give.
  • Any terms about working outside the UK for more than a month.

What may go in a separate document within two months

A few items can be in another document the employee can reasonably get at (a handbook on the intranet, a policy in Work-Lynx, a folder in the office), as long as the principal statement points to it and it exists within two months:

  • Pension and pension scheme details.
  • Collective agreements that affect the terms.
  • Non-compulsory training entitlements.
  • The disciplinary and grievance procedures: who to apply to, and how (section 3 of the Act). Small employers forget this one most.

Variable hours, zero hours and casuals

If the hours vary, the statement must say so and say how: for example, "hours are offered week to week according to the rota; there is no guaranteed minimum", or "a minimum of 16 hours a week, with additional hours by agreement". Writing "40 hours" for someone who works 20 to 50 is the source of half the holiday pay disputes in small businesses, because holiday pay follows normal remuneration.

Casual and zero-hours staff are workers at least, so they get a statement too. Their statement should be honest about the absence of guaranteed hours and about the freedom (if any) to refuse work. The Employment Rights Act 2025 introduces rights for workers on zero and low hours to be offered guaranteed hours reflecting their actual pattern; check the current position when you write these terms.

Changing the statement

A change to any of the particulars must be confirmed in writing within one month (section 4). A pay rise, a change of job title, a move to a new site, a new shift pattern: each gets a short letter that says what changed and from when. The pay review letter on this site does exactly that.

Confirming a change is not the same as being entitled to make it. Pay rises need no consent; a cut in hours does. Where the change is contractual and not covered by a clear flexibility clause, seek agreement first, then confirm.

What happens if you never issue one

There is no free-standing fine. If an employee brings another successful tribunal claim (unfair dismissal, unlawful deduction, discrimination) and you had failed to provide a compliant statement, the tribunal must award an extra two weeks' pay and may award four. Small money, but it is the cheapest evidence a claimant has that the employer was careless, and it colours everything else.

The larger cost is practical. Without a statement, the terms are whatever the tribunal decides they were on the evidence, and the employee's evidence is usually better than the employer's memory. Notice, holiday, hours, place of work and pay all become arguable.

The checklist

  1. Build one statement template per type of role (salaried, hourly, casual) with every principal item present.
  2. Send it with the offer; get it signed on acceptance; file the signed copy before day one.
  3. Publish the sick pay, pension, disciplinary and grievance documents it refers to, and check the reference is right.
  4. Put probation length and conditions in, if you use probation.
  5. Every change: a one-page letter within a month.
  6. Audit existing staff: anyone without a compliant statement gets one now, dated honestly.

What the law says

  • Employment Rights Act 1996 ss.1 to 7B: the right, the contents, the two-month items, and changes.
  • Employment Rights Act 1996 s.3: disciplinary and grievance information.
  • Employment Rights Act 1996 s.38 and Employment Act 2002 s.38: two to four weeks' pay where a compliant statement was not provided and another claim succeeds.
  • Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018: day-one timing and the extended contents, in force 6 April 2020.

Questions people ask

Is a written statement the same as a contract?

Not quite. The contract is the whole agreement, written and unwritten. The statement is the employer's written record of the main terms, and strong evidence of them. In practice a well-drafted statement, signed by both sides, is the contract for most purposes.

Can I send it by email?

Yes. Written means written. Keep proof of sending and, ideally, a signed or e-signed acceptance. Work-Lynx stores the document against the employee record with the date issued.

What about people who started years ago and never had one?

Issue one now, stating the true start date. Do not backdate the document. If the terms have never been agreed in writing, the statement should reflect what has actually been happening, because that is what the contract is.

Does a self-employed subcontractor need one?

Genuinely self-employed people do not. But many "subbies" in construction are workers in law, and workers are entitled to a statement. If you control when, where and how they work and they cannot send a substitute, take advice on their status before deciding they are outside the rules.

The admin this guide describes, done for you

Work-Lynx holds the records, calculates the entitlements, drafts the letters and reminds you of the dates: 49 UK policies, GPS clock-in, rotas, leave, timesheets, payslips and Employ AI for the questions in between. £2.50 a month plus £1 per employee, 14 days free, no card.

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