Written Particulars of Employment

The Employment Rights Act obliges employers to provide their employees with written particulars of their employment. This information must be provided to all employees whether they work full time or part time, provided that their employment lasts for one month or more.

The statement of written particulars must be given to the employee within two months of the start of the employment. If the employee has to leave the UK within the first months in order to work abroad for a period of one month or more that employee must receive the written particulars before he/she leaves to work abroad.

It is not always necessary for all the information to be provided at the same time. However, certain details have to be given in a single document, i.e. in a single instalment. The information that must be given in a single document include:-

a) The name of the employer and employee,

b) The date when the employment began AND the date when the period of “continuous employment” began –this is defined in the Employment Rights Act and may be different date from the start date of the particular employment.

c) Rate of pay, and frequency of pay,

d) Hours of work,

e) Holiday entitlements and details of holiday pay,

f) Job title or brief job description, and

g) Place of work,

h) Notice requirements.

Other information may be given by reference to some other document, which must be easily available to the employee:-

i. Details covering sickness absence and sick pay,

ii. Details of pension arrangements,

iii. Details of disciplinary procedures,

iv. Details of grievance procedures,

If there is any changes to the particulars required by the Employment Rights Act the details of the changes must be provided in writing to the employees that are affected within one month of that change.

The written particulars of employment do NOT necessarily constitute a contract of employment. They are evidence of the terms of the contract of employment.

In reality the written particulars of employment will not always cover all the terms of the contract of employment. Furthermore, if an employer has a specific policy or procedure which is crucial to their business it will be sensible for them to incorporate it into a more detailed written contract of employment (link to PAYG contract of employment).

For junior employees, the use of written particulars of employment may be sufficient; but for senior employees an employer should always provide a complete written contract of employment (PAYG contract). This can include forms about confidential information, and restrictions on future competition.