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What is a written statement of particulars?

A written statement of employment particulars (often simply referred to as a ‘written statement’) contains some of the main terms and conditions of employment. It is, however, distinct from an Employment contract.

The written statement of particulars is made up of up of the main document (or ‘principal statement’) and a wider written statement.

When does it need to be provided to employees?

Employers must provide the principal statement to employees and workers on the first day of employment. The wider written statement must be provided within two months of starting work.

Failure to do so can result in legal action being brought by the employee and a possible award being made by an Employment Tribunal.

What must the written statement include?

The principal statement must at least include the following:

  • name of the business/employer

  • name of the employee

  • job title or a description of work

  • employment start date (and, if a previous job counts towards a period of continuous employment, the date the period started)

  • payment amount and frequency

  • hours of work (together with any irregular hours)

  • holiday entitlement and how this is calculated

  • location of work (and details of any other locations where work may need to be carried out)

  • expected length of any temporary contract - and the end date of a fixed-term contract

  • length and conditions of any probation period

  • obligatory training (whether or not paid for by the employer)

  • benefits (eg lunches)

Details of the following must also be provided to the employee on their first day of employment. These may either be included in the principal statement or in other documents:

The wider written statement (which must be given to employees within two months of the start of employment) must include information on:

  • pensions

  • collective agreements (ie any terms and conditions that also apply to other employees)

  • disciplinary and grievance procedures

  • any additional rights to non-compulsory training provided by the employer

Unlike a written statement of particulars, employers are not legally required to provide a full written contract of employment to their employees. However, it is advisable to do so.

Employment contracts can be verbal (partially or fully) although that is unusual.

If a written contract of employment containing all the details necessary in a written statement is provided to employees, then a separate written statement is not required. Rocket Lawyer's Employment contract meets the requirements of a written statement of particulars.

What must employers say about working abroad?

If an employee works abroad for more than a month, the written statement must also include (or refer to a separate document which includes):

  • length of time to be spent abroad

  • payment currency

  • details of any additional pay and benefits

  • any terms relating to return to the UK

The employee must also be provided with information on legal rules in that country in respect of working hours and rest breaks, holiday entitlement and minimum pay.

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