Statutory provisions

Under the Employment Rights Act 1996 (ERA), a written statement of employment particulars must contain mandatory information covering such matters as the names of the parties, the date when employment began, the scale or rate of pay, hours of work, holiday entitlement, sick leave and pay, pension schemes, job title and place of work, the length of notice required to be given by either party to terminate the contract and details of any disciplinary and grievance rules and procedures. This list isn’t exhaustive. However, the ERA only sets out the minimum requirements. You’re perfectly entitled to issue employees with a more detailed employment contract containing additional employer-protective provisions, such as garden leave and confidentiality clauses. If you do this, ensure it also incorporates the statutory minimum information.

Legal changes

From 6 April 2020, the ERA is amended to extend the right to receive a written statement of employment particulars to all workers, as well as employees. In addition, for employees and workers beginning employment on or after 6 April 2020, you must provide the written statement no later than the beginning of their employment or engagement. Finally, the mandatory contents of the written statement are being expanded. Most of the employment particulars will need to be provided by day one and must be included in a single document. However, some of the particulars can be given in instalments (in which case, they must be given no later than two months after the beginning of employment or engagement, even where employment ends before that date) and, in some cases, you can refer the employee or worker to the provisions of some other “reasonably accessible” document for the particulars.

Checklist

Our Statement of Employment Particulars Checklist sets out, in tabular form, the mandatory employment particulars applicable from 6 April 2020 and, for each, whether: (1) it must be provided to the employee or worker no later than the beginning of their employment or engagement; (2) it must be included in a single document; (3) the statement relating to it can be given in instalments within two months; and (4) the statement can refer the employee or worker to another reasonably accessible document for the particulars.