This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn about employers' legal duty to provide written terms of employment in England and Wales, including what must be included, when terms must be issued and updated, employee and worker rights, tribunal claims for non‑compliance and practical guidance for employers.
Employees and many workers in England and Wales have a statutory right to written terms of employment that set out their main conditions of work. This obligation protects workers by ensuring clarity about essential aspects such as pay, hours, job duties and other key terms, and it complements the wider legal framework governing employment rights, contracts and disputes. This article outlines the legal duties on employers, what written terms must contain, when they must be issued, how changes should be notified, and the potential consequences of non‑compliance. All explanations are grounded in up‑to‑date statutory requirements and authoritative legal guidance.
What Are Written Terms of Employment?
Written terms of employment, legally referred to as a “written statement of employment particulars,” are documents that employers must provide to employees and many workers detailing the main terms and conditions of their employment or engagement. This written statement sets out key elements of the working relationship, such as pay, working hours and holiday entitlement, and is separate from but can overlap with an employment contract.
The requirement for written particulars arises from section 1 of the Employment Rights Act 1996 (ERA). It is one of the first statutory rights that applies once an individual begins work, and it applies to workers as well as employees who started employment on or after 6 April 2020.
Who Is Entitled to Written Terms?
Employees and Workers
Under current law, employers must provide written terms to:
- Employees (all individuals with an employment contract); and
- Workers with the legal right to a statement (generally those engaged after 6 April 2020), including some on casual or zero‑hours contracts.
Earlier law only guaranteed this right to employees, but statutory changes extended it to most workers engaged after April 2020.
Independent contractors, the genuinely self‑employed and others outside the scope of this statutory right do not automatically enjoy it, though contract terms may still exist by agreement.
When Written Terms Must Be Provided
On or Before the First Day of Work
Employers must provide a principal statement containing the most important particulars on or before the first day of employment or engagement. This means employees and workers should receive the document by the start of their working relationship.
Within Two Months: Wider Written Statement
Additional particulars - such as pension arrangements, collective agreements, disciplinary and grievance procedures, training entitlements and other details - must be provided within two months of the employment or engagement start. Some of this information can be contained in other accessible documents (for example, a staff handbook) provided employees know where to find it.
What Must Be Included in Written Terms
Principal Statement (Day One)
The principal statement must include, at minimum:
- The employer's name and the employee or worker's name;
- The start date of employment or engagement;
- The job title or brief description of duties;
- The place of work;
- Pay details, including how much and how often payment will be made; and
- Hours of work and holiday entitlement.
Employers must also provide information on sick pay, other paid leave, and notice periods by day one, either within the principal statement or by referring to documents that are reasonably accessible to the employee or worker.
Wider Written Statement (Within Two Months)
Within two months of starting work, employers must provide:
- Details of pension arrangements;
- Information on collective agreements affecting terms and conditions;
- Rights to non‑obligatory training; and
- Disciplinary and grievance procedures, or guidance on where to find them.
If any of these particulars do not apply, the statement must say so.
Written Terms vs Contract of Employment
Statutory Statement vs Contract
A written statement of employment particulars is not the same as an employment contract, though it often overlaps with or forms part of one. Contracts of employment can be written, verbal or a combination of written and implied terms (including from workplace practices).
However, the statutory written statement is important evidence of the terms agreed and helps clarify conditions like pay, hours and job duties if a dispute arises.
Changing Written Terms
When employment terms change - for example, a change in pay, duties or location - employers must provide written confirmation of the changes within one month of the change taking effect. This ensures the written statement remains accurate and up to date.
Legal Consequences of Non‑Compliance
Tribunal Claims and Remedies
Failing to provide written terms or issuing incomplete or inaccurate particulars can lead to a worker or employee making a claim to an Employment Tribunal. Tribunals can:
- Clarify or amend particulars to reflect what should have been provided;
- Award compensation (often two to four weeks' pay) if non‑compliance occurs alongside another claim, such as unfair dismissal.
While there is usually no standalone claim for missing written terms, failure to comply can weigh against employers in related disputes.
Automatic Unfair Dismissal and Statutory Rights
Employers should be aware that dismissing someone for asserting their statutory right to a written statement - for example, because they requested one - can amount to automatically unfair dismissal, regardless of length of service.
Practical Steps for Employers
Prepare Documentation Early
Employers should prepare written terms during the recruitment and onboarding process to ensure they are ready by the employee's start date. This reduces risk of non‑compliance.
Use Clear Templates
Templates that cover both principal and wider statements help ensure all required particulars are included. Employers can use authoritative models, such as those provided by advisory bodies.
Keep Records of Delivery
Keeping dated records showing when written terms were given helps defend against questions or disputes later.
Update Terms Promptly
When contractual changes occur, employers must promptly issue updated written particulars or statements of changes.
Common Questions About Written Terms
Is a written contract legally required?
No. A contract can be oral or partly implied, but employers must still issue a written statement of employment particulars.
Do agency workers need written terms?
Yes. Most agency workers have the same right to written terms as employees and other workers engaged after April 2020.
Does a hand‑signed contract matter?
A written or digital contract that includes the required statutory particulars can satisfy the written statement requirement. What matters is that the prescribed information is provided on time.
Key Takeaways
Employers in England and Wales have a clear legal duty to provide written terms of employment - a written statement of employment particulars - to employees and qualifying workers. The principal statement must be issued by the first day of work and include key details such as pay, hours and job duties. Additional particulars can be provided within two months. Employers must update written terms within one month of any change. Failure to comply can lead to tribunal claims and compensation. Early preparation, clear templates and timely updates help minimise legal risk and support transparent employment relationships.
