Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
If you’re hiring in the UK, you’re legally required to give new starters a Written Statement of Employment Particulars. It’s a simple concept, but the rules changed in recent years - and it now applies to workers as well as employees, from day one.
Get this right and you’ll set clear expectations, reduce disputes and stay compliant. Miss key details and you risk confusion, employee grievances, and even a tribunal award.
In this guide, we’ll break down what the written statement is, who needs to receive it, what must be included on day one, the items you can provide within two months, and best practice for keeping everything aligned with your Employment Contract and policies.
What Is A Written Statement Of Employment Particulars?
The Written Statement of Employment Particulars (sometimes called a “statement of employment”, “statement of particulars” or “statement of terms and conditions of employment”) is a legal summary of the main terms of someone’s engagement with you.
It is required by the Employment Rights Act and must be given to most new joiners. The written statement isn’t the same thing as an Employment Contract - but in practice, most employers combine the two so that the contract includes all the required particulars. Done well, your contract will satisfy the legal requirement and give you stronger protection around confidentiality, IP, restrictive covenants and other critical terms.
If you want to double‑check the underlying law in plain English, our overview of the Employment Rights Act 1996 sets out the key employer duties that sit alongside this requirement.
Who Must Receive It And When?
Since 6 April 2020, the right to a written statement extends to both employees and workers, and it’s a day one right. That means you need to provide the principal particulars on or before the first day they start work - regardless of how long the engagement is expected to last.
Key points to remember:
- You must issue the principal statement no later than the first day of work.
- Both employees and workers are covered (casual, zero‑hours and part‑time included).
- Some additional particulars can follow within two months of the start date (we list these below).
- If you engage via agencies or umbrella companies, check who is the “employer” for these purposes so the statement comes from the right party.
Many businesses satisfy the requirement by issuing a single document that operates as the Employment Contract and contains all the required particulars, with signposts to your policies for the finer detail.
What Must The Written Statement Include?
The written statement can be split into two buckets: what must be included on day one, and what you can provide within two months. You can deliver the second bucket earlier if you prefer (and many employers do, for clarity).
Day One Particulars (Must Be Provided On Or Before Start Date)
- Names of the employer and the employee/worker.
- Start date and, if different, the date their continuous employment begins.
- Job title or a brief description of the work.
- Place of work (and whether they are required to work at different locations or remotely).
- Pay: rate or salary, method of payment and pay intervals (e.g. weekly or monthly).
- Hours of work: the normal working hours, the days of the week they are required to work, and whether hours or days may vary (including how any variation will be determined).
- Holiday entitlement and holiday pay, including public/bank holidays and how holiday is calculated.
- Any probationary period, including its length and any conditions.
- Any other remuneration or benefits provided (e.g. bonuses, allowances, healthcare), even if discretionary.
- Training entitlement: details of any training you require them to complete, and whether it is paid by you.
Two day‑one items that employers often forget are variable hours wording (e.g. for shift workers or zero‑hours) and probation terms. If you use a probation period, spell out its length, extension rights, and the notice that applies during probation. For practical guidance, you can check our overview of Probation Periods.
Additional Particulars (Can Be Provided Within Two Months)
- Notice periods for termination (what the worker/employee must give and what you will give).
- Terms relating to absence due to incapacity and any sick pay provisions.
- Pension and pension scheme details.
- Any collective agreements that directly affect the terms.
- Disciplinary and grievance procedures (you can signpost to your Staff Handbook).
- Any terms about working outside the UK for more than one month (including currency, benefits and return terms).
It’s common (and sensible) to keep your procedures in a Staff Handbook rather than locking them into the contract. Your written statement can then say, for example, that disciplinary and grievance procedures are set out in the Staff Handbook. If you don’t have one yet, our Staff Handbook package covers core policies like discipline, grievance, equal opportunities, and leave.
Can The Statement Be In Separate Documents?
Yes. The “principal statement” should usually be in a single document (ideally your contract), but you can refer to other documents for some particulars - for example, holiday rules in your handbook or pension details in a separate letter from your provider. Just make sure:
- You clearly signpost where each set of terms can be found.
- All documents are easily accessible to the individual from day one.
- Any changes are communicated in writing within one month.
How Should I Deliver And Update It?
You can deliver the statement on paper or electronically. If you’re going digital, ensure the document is accessible, printable and saved to your personnel records. It’s good practice to collect a signed acknowledgement (or electronic acceptance) so you can evidence that the particulars were provided on time.
When terms change, you must give a written statement of the change within one month. Typical triggers include pay reviews, role changes, location changes, or alterations to benefits. Keeping your contract and handbook up to date reduces the risk of mismatched documents and protects you if a dispute arises.
Two practical tips:
- Align your particulars with your working time practices. If shift patterns vary, your statement should say how variations are decided and how notice is given. Our guide to Working Time Rules and Employee Breaks will help you sense‑check your hours and rest terms.
- Make sure your pay clauses reflect your payroll practices, deductions and timing. If you make lawful deductions (e.g. for overpayments or agreed training costs), the contract should say so. See our overview of Wage Deductions for what’s permitted.
Common Pitfalls (And How To Avoid Them)
Even well‑run teams can trip up on the particulars. Here are the issues we see most often - and how to stay ahead of them:
- Forgetting workers: The day‑one right applies to workers as well as employees. Casual and zero‑hours staff still need a statement.
- Omitting variable hours detail: You must state days/hours and if they vary, how variation is decided. This is key for rota‑based roles.
- Vague probation clauses: If you use probation, set clear length, conditions, and notice. Linking to your probation process is a plus.
- Missing benefits or training terms: Discretionary benefits should still be mentioned. Mandatory training should state if it’s paid and when.
- Policies locked in the contract: Keep procedures (disciplinary, grievance, sickness reporting) in your Staff Handbook so you can update them without renegotiating contracts.
- Inconsistencies between documents: If your contract says one thing and your handbook says another, you invite disputes. Review together.
- DIY templates that miss the mark: Generic templates often leave out UK‑specific requirements (like day‑one particulars for workers) or contain unenforceable clauses.
Templates Vs Tailored Contracts
It’s tempting to grab an online template and tick the “written statement” box. The risk is that you’ll satisfy only the bare minimum - and miss the protective clauses that actually help you manage staff and safeguard your business.
We generally recommend using a tailored Employment Contract that bakes in all required particulars and adds the terms you need in practice, such as confidentiality, IP ownership, post‑termination restrictions, set‑off for overpayments, and clear performance and conduct expectations. Pair that with a living Staff Handbook that covers procedures you’ll refine over time.
Avoid copying clauses between roles without checking. For instance, different roles may need different notice periods, working time arrangements, mobility clauses or benefits. Getting bespoke advice now will save you time and friction later.
What Happens If I Get It Wrong?
If you fail to provide a compliant written statement, a tribunal can declare what the missing or incorrect particulars should have been. There’s also a potential financial penalty: if an employee or worker succeeds in another substantive claim (for example, unlawful deduction from wages or unfair dismissal) and also proves you didn’t give a compliant statement, the tribunal can award 2 to 4 weeks’ pay as an additional award.
Beyond the legal sanction, the commercial risks are bigger:
- Confusion over hours, location, or benefits can lead to disputes and grievances.
- Missing notice or probation terms can complicate exits, raising costs and risk.
- Inconsistent documents make it hard to enforce your position if things go wrong.
Good documentation won’t eliminate every issue, but it makes managing performance, sickness, grievances and exits far smoother. If a termination is on the cards, follow a fair and documented process - our step‑by‑step guide to Ending an Employment Contract Fairly outlines the key stages.
A Simple Employer Process And Checklist
Here’s a practical workflow you can adopt so the written statement and your wider employment legals stay on track.
1) Before You Offer
- Confirm the correct status (employee or worker) and agree the working pattern.
- Decide probation, notice, pay intervals, benefits, and where the role will be based.
- Sense‑check hours and breaks against working time rules to avoid schedule changes later.
2) Offer & Contract
- Send an offer letter and a contract that includes the day‑one particulars.
- Signpost to your handbook for disciplinary, grievance, sickness reporting and holiday rules.
- Capture electronic acceptance and save to the personnel file.
3) Onboarding (Day One)
- Provide access to the contract, handbook, and any mandatory training details.
- Share how rotas or variable hours will work in practice.
- Explain payroll timing, payslip access and any agreed deductions.
4) Within Two Months
- Issue any remaining particulars that aren’t day one items (e.g. pension details).
- Confirm any collective agreements, if relevant.
- Check documents align with how you’re actually operating day to day.
5) During Probation And Beyond
- Hold check‑ins, document performance, and confirm probation outcomes in writing.
- If you extend probation, issue a short letter noting the new end date and any changes to notice.
- If a restructure is on the horizon, get early Redundancy Advice so your documents and process are aligned.
6) When Things Change
- For changes to hours, pay, location or benefits, consult first and confirm any agreed change in writing within one month.
- Update the handbook when procedures evolve and tell staff where to find the latest version.
How The Statement Interacts With Working Time, Breaks And Pay
The particulars you include around hours, days and breaks should reflect the reality of your scheduling. If you require weekend or night work, say so. If you use rota‑based shifts, explain how you set them and how much notice you’ll give.
Two quick compliance checks:
- Minimum rest and maximum hours: your pattern should comply with the Working Time Regulations. Our guide to Working Time explains limits, opt‑outs and record‑keeping.
- Rest breaks: make sure the statement (and your internal schedules) align with the rules on daily, weekly and in‑shift breaks. See Employee Breaks for the practical requirements.
On pay, remember that what you write in the contract and statement needs to match what payroll actually does. If you intend to make deductions (for example, to recover overpayments or agreed training fees), those deductions should be clearly set out and agreed to in advance - and in line with the wage deduction rules.
Key Takeaways
- You must give a Written Statement of Employment Particulars to employees and workers by day one. Most employers cover this by issuing a robust Employment Contract that contains all required particulars.
- Day‑one particulars include identity details, start date, pay, hours and days (including any variation), holiday, job title, place of work, probation, benefits and training. Additional particulars (such as notice, sick pay, pension and procedures) can follow within two months, ideally signposted to your Staff Handbook.
- Deliver the statement electronically or in print, keep records of acceptance, and issue written updates within one month when terms change.
- Avoid common pitfalls like vague variable hours, missing probation terms, or inconsistencies between contract and handbook. Align your terms with working time and break rules in practice.
- Non‑compliance can lead to a tribunal declaration and an additional award of 2–4 weeks’ pay if the worker/employee succeeds in another claim. The bigger risk is confusion and disputes that cost time and money.
- Setting up tailored documents from day one will save you headaches later - especially when managing performance, sickness, grievances, and exits in a fair, documented way.
If you’d like help drafting compliant contracts, rolling out a Staff Handbook or sense‑checking your onboarding process, our team is here to help. You can reach us on 0808 134 7754 or team@sprintlaw.co.uk for a free, no‑obligations chat.


