Employment Contracts and Written Statements

From the first day of employment, you must provide every employee and worker with a written statement of employment particulars. This is a legal requirement that changed in April 2020, bringing forward the deadline from 2 months to day 1.

The written statement forms the core of the employment contract. Failing to provide it can result in tribunal awards against you, even if the employee wins their case on other grounds.

What you must include in the written statement

The written statement must include specific information about the employment relationship. Some terms must be provided on day 1 (the 'principal statement'), while others can follow within 2 months.

How to structure your employment contracts

Most employers combine the written statement requirements into a single employment contract document that includes:

• Principal terms (day 1 requirements) in the main contract body
• Secondary terms (2-month requirements) in attached policies or employee handbook
• Additional terms specific to your business (confidentiality, intellectual property, post-termination restrictions)

You can provide all terms on day 1 - you don't have to split them. The 2-month deadline is the latest you can provide certain terms, not a target.

Notice periods

Your employment contract must specify the notice period required from both the employer and employee to terminate the contract. These cannot be less than the statutory minimums:

Types of employment contract

The type of contract you offer determines the employment rights and obligations for both parties. Choose the appropriate contract type based on the role and working arrangement:

Zero-hours contracts: special protections

If you use zero-hours contracts, be aware of specific legal protections introduced to prevent abuse:

Flexible working rights

From 6 April 2024, employees have a day-one right to request flexible working. This represents a significant change from the previous 26-week qualifying period:

Penalties for not providing written terms

If you fail to provide a written statement of employment particulars, employees can bring a claim to an employment tribunal. The tribunal can award financial compensation even if the employee's main claim is about something else entirely.

Discipline and grievance procedures

Your employment contract must specify the disciplinary and grievance procedures. These are governed by the Acas Code of Practice, which sets out minimum standards:

Dismissal requirements

If you need to dismiss an employee, you must follow fair procedures and have a fair reason. The law sets out strict requirements:

Employment tribunal time limits

If an employee brings a tribunal claim against you, they must do so within strict time limits. Understanding these deadlines helps you manage potential claims:

How to issue employment contracts: compliance checklist

Follow this process to ensure you meet your legal obligations when hiring staff: