Written statement of employment particulars: what must be included

All employees and workers are entitled to a written statement of employment particulars under section 1 of the Employment Rights Act 1996. It must be provided on or before the first day of employment — the day-one principal statement, expanded in 2020.

What must appear on or before day one (the principal statement)

The principal statement must include:

1. Employer's and employee's names and addresses.
2. Start date of the employment.
3. Start date of continuous service (often the same, but not always — e.g. after a TUPE transfer).
4. Pay — rate, frequency, method of payment.
5. Hours of work — including normal working hours and any variable hours arrangement.
6. Holiday entitlement and holiday pay — calculated to a sufficient detail.
7. Sick leave and sick pay arrangements.
8. Notice periods — to be given and received.
9. Job title or brief job description.
10. Work location(s) — including any expected variation.
11. Probationary period — duration and conditions, if any.
12. Training entitlement — any required training and whether it is paid.
13. Benefits — beyond pay.

What can be provided within two months

Some elements can follow the principal statement, but must be provided within two months of the start date:

• Pension arrangements.
• Collective agreements affecting terms.
• Disciplinary and grievance procedures (a reference to where they can be found is sufficient).

Who is entitled

Section 1 was extended in April 2020 to cover workers as well as employees. Anyone with worker status — including casual workers on zero-hours contracts — is entitled to the statement from day one.

Consequences of failure

The employment tribunal can make a declaration and award two to four weeks' pay if the employee successfully brings another claim. The standalone failure to provide is not itself enforceable, but it weakens the employer's position in any subsequent dispute.

ERA 2025 considerations

The written statement is a useful audit point for ERA 2025 compliance. Contracts that pre-date the April 2020 expansion may not include all required items; with the unfair dismissal threshold dropping in January 2027, now is a sensible time to audit and refresh contracts.

Common contracts to revisit:

• Any contract issued before April 2020.
• Zero-hours and casual contracts (often informal — formal section 1 statement still required).
• Workers and contractors whose status may be misclassified.

Official source: GOV.UK — Employment Contracts.