Producing a written statement of employment particulars (Template)

Overview

• Introduction
• The principle statement
• Other information the employer must give on day one
• The wider written statement
• Example of a written statement
• Further information
• Disclaimer

Introduction

Organisations are required, under The Employment Rights Act 1996, to provide employees, with a written statement summarising the main particulars of employment. This is evidence of the contract of employment, a legally binding agreement between the employer and employee formed when the employee agrees to work for the employer in return for pay.

This written statement is made up of:

• the main document (known as a ‘principal statement’)
• a wider written statement

The law requires that certain key information must be included in the written statement of particulars. You are permitted to refer employees to other documentation, but only for certain areas. 

The written statement should be written in a clear manner to avoid misinterpretation or ambiguity. Although there is no legal requirement for an employee to sign their written statement, those that are asked to sign the statement are more likely to have read it. A copy of the written statement should be retained in the employee’s personnel file for future reference.

The principal statement

The principal statement must include at least:

• The employer’s name
• The employee’s or worker’s name, job title or a description of work and start date
• How much and how often an employee or worker will get paid
• Hours and days of work and if and how they may vary (also if employees or workers will have to work Sundays, Nights Or Overtime)
• Holiday entitlement (and if that includes public holidays)
• Where an employee or worker will be working and whether they might have to Relocate
• If an employee or worker works in different places, where these will be and what the employer’s address is
• How long a job is expected to last (and what the end date is if it’s a fixed-term contract)
• How long any probation period is and what its conditions are
• Any other benefits (for example, childcare vouchers and lunch)
• Obligatory training, whether or not this is paid for by the employer

For employees, it must also include the date that a previous job started if it counts towards a period of continuous employment.

Other information the employer must give on day one

Working abroad

If an employee or worker has to work outside the UK for more than a month, the principal statement must also include:

• how long they’ll be abroad
• what currency they’ll be paid in
• what additional pay or benefits they’ll get
• terms relating to their return to the UK

On the first day of employment the employer must also provide the employee or worker with information about:

• sick pay and procedures
• other paid leave (for example, maternity leave and paternity leave)
• notice periods

The employer can choose whether to include this information in the principal statement or provide it in a separate document. If they provide it in a separate document, this must be something that the employee or worker has reasonable access to, such as on the employer’s intranet.

The wider written statement

Employers must give employees and workers a wider written statement within two months of the start of employment. This must include information about:

• pensions and pension schemes
• collective agreements
• any other right to non-compulsory training provided by the employer
• disciplinary and grievance procedures

The following is an example of a written statement, which should be adapted to suit your own organisation, and is not an authoritative interpretation of the law. You may include additional information such as Health and Safety, Conduct, Confidentiality, Equal Opportunities and Variation of Terms and Conditions of Employment.

Example of a written statement

1. Commencement of employment and continuous employment

Your employment with this organisation commenced on 00/00/0000

Your previous employment with Insert Name of Employercounts/does not count* as part of your continuous period of employment. 

(NB: A period of employment counts towards the employee’s continuous service only if it is unbroken. In the event of a merger or takeover, further advice should be sought from ACAS)

2. Job title

You are employed as a Insert Job Title. (You may wish to include a brief description of the work involved).

You may also wish to include here any details referring to probationary periods, (e.g. referral to probationary policy).

3. Tenure of employment

Include an end-date if the post is for a fixed-term period only.

4. Place of work

Your normal place of work is Insert Place of Work

(NB: If there is a mobility requirement for the employee to move to another place of work, or to work elsewhere, the extent of mobility required must be clearly stated here)

5. Pay

Your salary will be Insert Amount of Gross Pay (Before Tax) per annum. You are paid by Insert Method of Payment on Insert Frequency of Pay.

(NB: Include here any bonus/overtime rates and details, deductions from pay. You may also wish to refer to Expenses policy)

6. Hours of work

You are required to work State the Normal Hours of Work, Including Any Flexibility in Hours of Work.

(NB: If there is a requirement for compulsory, voluntary or guaranteed overtime, it must be stated here, together with notice information – ensuring that you consider the requirements under the Working Time Regulations)

7. Holidays

You are entitled to 00 holiday per annual leave year Detail Whether This Includes Public Holidays or Not.

The annual leave year runs from Insert Start Date to Insert End Date

(NB: You may wish to include how holidays are accrued, including for part-time staff)

8. Absences from work

If for any reason you cannot come to work you should telephone State Contact Name by State Time on the first day of your absence indicating the reason for your absence and when you are likely to return to work.

You can refer employees to any sickness absence documents, which will detail the conditions of any entitlement to Statutory Sick Pay or Occupational Sick Pay, if applicable, and any conditions attached to it (e.g. length of service, evidence rules).

9. Pension (if applicable)

You are encouraged to join Insert Pension Scheme for which full written details can be found Name of Document. Insert Name of Employer will contribute 00 per cent of your annual salary into this scheme.

 (NB: If you employ 5 or more employees, you are required to provide access to a stakeholder pension scheme)

10. Disciplinary rules

The disciplinary procedure which applies to you can be found Disciplinary Process Document

(NB: You may wish to outline here the rules of the 3 step statutory procedure)

11. Grievance rules

If you have a grievance about your employment you should refer to refer to relevant grievance procedure.

(NB: You may wish to outline the rules of the 3 step statutory procedure)

12. Ending your employment

Your contract is subject to notice as follows:

From You

After one month you must give one week’s notice to terminate your employment.

(NB: This is the statutory minimum, you may wish to increase this as appropriate, remembering to keep the timescale reasonable)

From Employer

The minimum period to which you are entitled is one week for each complete year of service with a minimum of 1 week and a maximum of 12 weeks notice.

You may wish to add that the Employer reserves the right to pay salary in lieu of notice.

Declaration

I have read and agree to abide by the terms and conditions in this statement

Further information

ACAS

Tel: 08457 474747

www.acas.org.uk

Disclaimer

Third Sector Support Wales is a network of support organisations for the whole of the third sector in Wales.

It consists of the 19 local and regional support bodies across Wales, the County Voluntary Councils (CVCs) and the national support body, Wales Council for Voluntary Action (WCVA).
For further information contact
https://thirdsectorsupport.wales/contact/

The information provided in this sheet is intended for guidance only. It is not a substitute for professional advice and we cannot accept any responsibility for loss occasioned as a result of any person acting or refraining from acting upon it.