Employment Contract Requirements UK

Since April 2020, employers must provide a written statement of employment particulars on or before the employee's first day of work. Here's what must be included and how to stay compliant.

The Day-One Right

Previously, employers had 2 months to provide written particulars. Now:

• All employees have a right to a written statement
• It must be provided on or before day one
• This applies to all employees regardless of hours worked

What Must Be Included (Day One)

The following must be provided in a single document on day one:

Principal Statement Requirements

Requirement	Example
Employer's name	ABC Ltd
Employee's name	John Smith
Job title or description	Sales Manager
Start date	1 January 2025
Continuous employment date	1 January 2025 (or earlier if applicable)
Pay rate and intervals	£35,000 per annum, paid monthly
Working hours	37.5 hours per week, Monday to Friday
Holiday entitlement	28 days including bank holidays
Place of work	123 High Street, London, or various locations
Probationary period	6 months
Training requirements	None / Must complete X training
Benefits	Pension, private medical

New Requirements (Since April 2020)

• Days of the week required to work and whether they may vary
• Paid leave entitlements (e.g., maternity, paternity)
• All benefits provided by the employer
• Probationary period and conditions
• Training entitlement and requirements

What Can Be Given Within 2 Months

Some information can be provided in a separate document within 2 months:

• Sick pay and procedures
• Notice periods
• Pension scheme details
• Collective agreements
• Disciplinary and grievance procedures (or reference to where to find them)

Implied Terms

Some terms are implied into every employment contract by law:

Employer Obligations

• Pay wages as agreed
• Provide a safe working environment
• Mutual trust and confidence
• Reasonable support to employees

Employee Obligations

• Ready, willing, and able to work
• Follow reasonable instructions
• Act in the employer's best interests
• Not to disclose confidential information

What Happens If You Don't Comply?

Tribunal Claims

If an employee brings any tribunal claim, they can also claim for failure to provide written particulars:

Situation	Award
No statement provided	2 weeks' pay
Incomplete statement	2 weeks' pay
Serious failures	Up to 4 weeks' pay

This is added to any other compensation awarded.

No Standalone Claim

Employees cannot bring a standalone claim just for missing particulars - it must be alongside another claim.

Common Mistakes to Avoid

1. Generic Templates

Using outdated or generic templates that don't reflect the actual arrangement.

2. Missing Probation Terms

Not specifying probationary period and what happens at the end.

3. Vague Hours

"Full-time" isn't enough - specify actual hours and days.

4. Unclear Pay

Include all elements: basic, bonus structure, overtime rates.

5. Missing Benefits

List all benefits - pension, healthcare, car, phone, etc.

6. Not Updating

Contracts becoming outdated after law changes or role changes.

Changes to Terms

To change contract terms, you generally need:

• Employee agreement - Get written consent
• Consultation - Discuss proposed changes
• Notice - Give reasonable time to consider
• Documentation - Confirm changes in writing

Unilateral changes (without agreement) are a breach of contract and can lead to claims.

Types of Employment Contract

Permanent

• Ongoing employment with no end date
• Full employment rights

Fixed-Term

• Ends on a specified date or completion of a task
• After 4 years, becomes permanent automatically

Zero-Hours

• No guaranteed minimum hours
• Can't require exclusivity
• Still entitled to written statement

Part-Time

• Fewer hours than full-time equivalent
• Same rights pro-rata

Best Practice Checklist

1. ☐ Provide written statement on day one
2. ☐ Include all mandatory information
3. ☐ Use clear, plain English
4. ☐ Reflect the actual working arrangement
5. ☐ Get the employee to sign and date
6. ☐ Keep a copy on file
7. ☐ Review regularly for updates
8. ☐ Update when terms change