Contracts
The day-one written statement of employment particulars
If you take someone on in England, Wales or Scotland, you must give them a written statement of their main terms by their first day. Here is what it must say, what can follow later and what happens if it is missing.
Last checked against the sources listed below. Written by Assize Data Ltd.
Who must get one
Every employee and every worker must get one. Workers, such as many casual or zero-hours staff, have had this right since 6 April 2020. Short and temporary jobs are covered too. Genuinely self-employed contractors are not. If you are unsure, check the person's employment status on GOV.UK.
Employees who started before 6 April 2020 can ask for a statement that meets the current rules. If they ask while still employed, or within three months of leaving, you must provide it within one month.
Northern Ireland has separate employment law and different rules. See the nidirect guide to written statements.
When to give it
Section 1 of the Employment Rights Act 1996 sets two deadlines:
- On or before the first day: the "principal statement". This holds most of the key terms and must be a single document.
- Within two months of the start date: a few extra details, which you can give in one go or in instalments.
You can give it earlier, for example with the job offer. A written contract or offer letter can count as the statement if it contains all the day-one details and the person has it by their first day.
What must be in it
Day one: the principal statement
The job itself:
- your name as the employer, and the person's name
- their job title, or a short description of the work
- their start date and, for employees, the date continuous employment began (earlier if a previous job counts)
- where they will work or, if they will work at various places, that fact and your address
- how long the job is expected to last, or the end date of a fixed-term contract
- any probation period, with its length and conditions
Pay, hours and time off:
- pay, or how it is worked out, and how often it is paid
- normal hours, the days they must work, and whether hours or days can vary and how
- holiday entitlement, including public holidays and holiday pay, in enough detail to work out holiday pay owed when they leave
- sick leave and sick pay
- any other paid leave
- any other benefits
- the notice you and they must give to end the job
Training and work abroad:
- any training they must do, including training you will not pay for
- if they will work outside the UK for more than a month: how long for, the currency of pay, any extra pay or benefits, and the terms for coming back
For sick pay and other paid leave, the statement can point to another document the person can easily read, such as a staff handbook. For notice, it can refer to the law or a collective agreement. If an item does not apply, such as no probation period, the statement must say so.
Within two months
- pensions and pension schemes
- any collective agreements that directly affect their terms
- any other training you provide that is not compulsory
- disciplinary rules, disciplinary and dismissal procedures, and who to go to with an appeal or grievance
Disciplinary rules and procedures can sit in a separate document the person can easily access. Acas publishes free written statement templates for employees and workers.
Statement or contract?
They are not the same. A contract can exist as soon as someone accepts a job offer, even if nothing is written down. Its terms can come from offer letters, handbooks, verbal agreement and the law itself. The written statement records the main terms. As GOV.UK's guide to written statements puts it, the statement "is not an employment contract".
Many small employers give one contract that covers everything the statement needs. That is fine, as long as every day-one item is there.
Sending it electronically and getting it signed
The law says you must "give" a written statement. The Act does not say it must be on paper, and many employers use email or an e-signing service. Acas, for example, gives email as one way to put changes in writing. Whatever you use, make sure the person can open, keep and print it.
Nothing in the law requires the statement to be signed. But a signature is useful evidence of what you gave and when. That is why the Acas employee template ends with signature lines. An electronic signature with a dated audit trail can do the same job: see our guide to electronic signatures in UK law.
When terms change
If any of these details change, tell the person in writing. Do it as soon as you can, and within one month at the latest. If the change is a posting abroad for more than a month, tell them before they go. A letter or email setting out the change is enough. You do not have to reissue the whole statement.
This rule is about telling people, not about changing terms on your own. Acas guidance on changing contracts says changes must be agreed by both sides.
What happens if you don't
A worker without a statement can raise it with you, then as a grievance, and finally at an employment tribunal. The tribunal can decide what the statement should have said.
There is no award for a missing statement on its own. But under section 38 of the Employment Act 2002, if the person wins another claim, such as unfair dismissal or unauthorised deductions from wages, and you were in breach when the claim began, the tribunal must award two weeks' pay on top of anything else. It can award four weeks' pay if that is just and equitable. A week's pay is capped, at £751 since 6 April 2026. The award can be skipped only in exceptional circumstances.
If you have missed a statement or a change, put it right now. The award only applies if you were still in breach when the claim started.
Recent and upcoming changes
The day-one list has not changed since April 2020. Changes to watch:
- Trade union rights statement, planned from 1 January 2027. Under the Employment Rights Act 2025, you will have to give new workers a standard government statement about their right to join a trade union, alongside their written statement. Existing staff must also get it. The government expects to lay the detailed regulations in November 2026, so check the final rules.
- Statutory Sick Pay, since 6 April 2026. Waiting days and the lower earnings limit were removed. Update any old template wording.
- Zero-hours reforms, date to be confirmed. The Act creates rights to guaranteed hours and reasonable notice of shifts, but no start date has been set.
Future dates may change. Check the government's Employment Rights Act timeline.
Do this in Assize Verification
Send the offer letter, contract and NDA in one envelope for electronic signature, with reminders, an audit trail and a certificate of completion. On paid plans a new starter can also sign in person on your device on their first day. The Free plan includes 3 envelopes a month.
Sources
- Employment contracts: written statement of employment particulars GOV.UK
- Employment Rights Act 1996, section 1: statement of initial employment particulars legislation.gov.uk
- Employment Act 2002, section 38: failure to give statement of employment particulars legislation.gov.uk
- Written statements: the right to a written statement Acas, updated 24 July 2025
- Templates for written statements Acas
- Plan to Make Work Pay and Employment Rights Act: timeline update Department for Business and Trade, updated 22 October 2026
This guide is general information about the law in England, Wales and Scotland, not legal advice. The rules change, so check the sources above, and take advice about your own situation. Assize Data Ltd is not a law firm.