Employment & HR - colourful people chain image

Get it right from the start: Statement of particulars

Did you know that, under section 1 of the Employment Rights Act 1996, employers must provide all employees (who will be employed for more than one month) with a written statement of certain terms of their employment within the first month of their employment.

The statement must include:

  • Names of employer and employer
  • Date that employment starts
  • The date that the employee’s continuous employment starts
  • Amount of pay and how often it is paid
  • Hours of work
  • Holiday entitlement and pay
  • Job title or a description of the role
  • Place of work
  • Confirmation of whether or not there is a contracting-out certificate in force
  • Certain information on disciplinary and grievance procedures
  • The existence of a disciplinary and grievance procedure

The following information can be given later (but must be within two months of employment starting):

  • Whether the employee will be required to work outside of the UK for more than one month
  • Details of any collective agreements
  • Pension information

Particulars which can be in a ‘reasonable accessible’ document

  • Sickness and sick pay
  • Notice periods
  • Disciplinary and grievance procedure
  • Pension information

What happens if you don’t?

An employee can only claim for you not providing their written terms where they make an additional claim, for example, a breach of contract claim. The Employment Tribunal can make a standard award of two weeks pay capped at £900. However, if the tribunal considers it ‘just and equitable’ to do so, they can make a payment of up to 4 weeks pay (capped at £1,800).