The written statement of particulars

As the written particulars contain the employee’s main terms of employment, Section 1 of the Employment Rights Act 1996 requires that, within two months of commencing employment, employees must be given a written statement containing:

• names of the employee and employer date employment commenced

• any probationary period, if relevant

• date when continuous employment commenced, e.g. if previous employment with a sister company counts towards their service.

The written particulars must also include:

• scale or rate of remuneration, or how this is calculated

• the payment intervals – e.g. weekly, monthly, etc.

• any terms and conditions connected with working hours

• entitlement to holidays (including public holidays) and how any holiday pay is calculated

• arrangements for incapacity and any sick pay

• pension entitlement and pension schemes

• notice periods on both sides

• job title and brief description of the work

• if not permanent, the expected period of employment or, if it is a fixed- term contract, the end date

• address of the place of work or the employer’s address if working at various places

• any collective agreements affecting terms and conditions.

If required to work outside UK for more than one month continuously:

• the period to be worked abroad

• currency in which payment will be made

• any additional benefits for working abroad

• any terms and conditions relating to the return to the UK.

In addition the statement must include notes which specify:

• the disciplinary rules or where they may be read

• who hears employees’ grievances and appeals against disciplinary action

• any grievance procedure or where this can be read

• whether a contracting out certificate for pensions is in force for the job.

In itself, the written statement is not a contract of employment but it can be persuasive evidence of what the contractual terms are.