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What should be included in a written statement of employment particulars?

Providing a statement of employment particulars is a legal requirement for employers, so it’s important you become familiar with them. This includes the contents of the document, when it should be provided, and who has the right to one. Issuing a statement of employment particulars containing all the correct information can help speed up the hiring process and avoid potential issues down the line. This article outlines everything that should be include in a written statement of employment particulars.

What is a written statement of employment particulars?

Written statements of employment particulars are designed to impart information to employees about their job role. It should set out the working hours, pay, employment terms, and any policies of the employer. This documentation must follow the regulations outlined in the Employment Rights Act 1996. The written statement of employment particulars may not cover every aspect of the working relationship between an individual and their employer.

Who has a right to a written statement?

Since 6 April 2020, employers have been required to provide employees and workers with a written statement of particulars of employment by section 1 of the Employment Rights Act 1996 (ERA 1996), so anyone who is legally classed as a worker or employee has the right to a written statement of particulars.

For those starting work on or after 6 April 2020, there is no minimum service requirement for an employee or worker to be given a section 1 statement. While a section 1 statement must be given to the employee or worker “not later than the beginning of the employment” (section 1(2)(b), ERA 1996), this is subject to some qualifications:

Some particulars must be contained in a single document given by the beginning of employment.
Some particulars may be contained in a reasonably accessible document that the section 1 statement refers to.
Some particulars may be given in instalments but no later than two months after the start of the employment (or engagement).

If you’re in doubt, outsourcing employment law support can give you access to experts that can help draw up a written statement of employment particulars.

What particulars to include in the written statement?

Certain particulars must be included in a single document. This single document was referred to as the “principal statement” in the legislation prior to the ERA 1996 (the Employment Protection (Consolidation) Act 1978). While the reference to a principal statement does not appear in the ERA 1996, that term is still used in practice.

The principal statement must contain the following particulars of employment:

The names of the employer and the employee or worker.
The date when the employee’s employment, or worker’s engagement, began.
Where the statement is being given to an employee, the date on which the employee’s period of continuous service began (taking into account any employment with a previous employer which counts towards that period).
The scale or rate of remuneration or the method of calculating remuneration.
The intervals at which remuneration is paid (that is, weekly, monthly or other specified intervals).
Any terms and conditions relating to hours of work, including any terms and conditions relating to:
- normal working hours;
- the days of the week on which the employee or worker is required to work; and
- whether or not such hours or days may be variable and, if they may be, how they may vary or how that variation will be determined.
Any terms and conditions relating to holiday entitlement, including public holidays, and holiday pay (with the particulars given being sufficient to enable the entitlement, including entitlement to accrued holiday pay on termination, to be precisely calculated).
The length of notice that must be given by either party to terminate the contract. The section 1 statement may refer the employee or worker to the law or to the provisions of a reasonably accessible collective agreement for these particulars.

The job title or a brief description of the work the employee or worker is employed or engaged to do.
Where the employment or engagement is not expected to be permanent, either the period for which it is expected to continue or, if it is for a fixed term, the date when it is to end.
Any probationary period, including any conditions and its duration.
The place of work or, where the employee or worker is required or permitted to work at various places, an indication of that and the address of the employer.
Where the employee or worker is required to work outside the UK for more than one month:
- the period for which they are to work outside the UK;
- the currency in which they are to be paid while they are working outside the UK;
- any additional remuneration payable to them, and any benefits to be provided to or in respect of them, by reason of their being required to work outside the UK; and
- any terms and conditions relating to their return to the UK.
Regarding training:
- any part of any training entitlement which the employer requires the employee or worker to complete (section 1(4)(m), ERA 1996); and
- any other training which the employer requires the employee or worker to complete but which the employer will not pay for.
Any other benefits provided by the employer that do not fall within any other paragraph of section 1(4)
The scale or rate of remuneration, or the method of calculating it, and the intervals at which the money is paid (that is weekly, monthly or other specified intervals) must be stated in the principal statement.

What particulars may be contained in a reasonably accessible document?

A section 1 statement may refer the employee or worker to a reasonably accessible document for particulars of any terms and conditions relating to incapacity for work due to sickness or injury, including any provision for sick pay, any terms and conditions relating to any paid leave (besides holiday or sick leave which are the subject of express provision), any terms and conditions relating to pensions and pension schemes, and any training entitlement provided by the employer.

It is also possible for terms and conditions relating to pensions and pensions schemes and those relating to training entitlement provided by the employer to be given in instalments. Where there are no particulars for any of the matters listed above, the section 1 statement needs to state that fact.

Experts in employment contact law

At Employment Law Services Ltd (ELS), we have years of experience creating legal documents that serve as the foundation for employment relationships. This includes employment contracts, as well as the written statement of employment particulars. Our team of experts provide services covering employment law for employers and employees. This way, we develop a keen understanding of your business, what it seeks to achieve, and the kinds of employment relationships it cultivates. Contact us today to get started.