The rules here are for England, Wales and Scotland.
A person who accepts a job offer has a contract with you straight away, and it does not have to be written down. Its terms can be in a written contract, in an offer letter, in your handbook, in a collective agreement or agreed verbally, and some are implied or set by law, such as the National Minimum Wage. What you must put in writing is a statement of the main terms. The statement is not itself the contract.
What you must give each new worker
You can give everything on day one, or put it all in one contract.
The principal statement must include at least:
- your name, the worker's name, their job title or a description of the work and their start date
- how much and how often they will be paid
- their hours and days of work, and whether and how they may vary, including any Sunday, night or overtime working
- their holiday entitlement, and whether it includes public holidays
- where they will work, whether they might have to relocate, and your address if they work in several places
- how long the job is expected to last, and the end date of a fixed-term contract
- the length and conditions of any probation period
- any other benefits, and any obligatory training whether or not you pay for it
- for an employee, the date a previous job started if it counts towards their continuous employment
If someone will work outside the UK for more than a month, also give the length of time abroad, the currency of their pay, any extra pay or benefits and the terms of their return.
On the first day you must also give information about sick pay and procedures, other paid leave such as maternity or paternity leave, and notice periods. You can include these in the principal statement or in a separate document the worker can reasonably access, such as your intranet.
Within 2 months, the wider statement must cover pensions and pension schemes, collective agreements, any right to non-compulsory training you provide, and your disciplinary and grievance procedures.
Tell the worker in writing about any change to the statement within one month of making it.
Choose the type of contract
Treat fixed-term employees the same as comparable permanent staff. Zero-hours workers are entitled to statutory annual leave and the National Minimum Wage like other workers.
Set the notice period
State the notice each side must give to end the contract. You can set it longer than the legal minimum but not shorter.
Decide on probation
No law requires a probation period. If you use one, put its length and conditions in the principal statement.
What happens if you do not give a statement
A worker who does not get a statement can raise it informally, then through a grievance, and as a last resort take a case to an employment tribunal, which decides what the particulars should have been. If the worker wins another claim against you, such as one for unauthorised deductions from wages, the tribunal must also award compensation for the missing statement unless there are exceptional circumstances that make it unjust.
Legal basis
Primary legislation and key regulations