Contents

• Outline of provisions 
• Who is entitled to receive a written statement? 
• What information must the written statement include?
• What must the note of disciplinary and grievance procedures contain? 
• Which of the required particulars may be given by reference to some other document, rather than in the written statement itself?   
• When must the written statement be given? 
• What notification is an employee entitled to receive when a change occurs in one of the particulars of employment? 
• What information is an employee entitled to receive when there is a change of employer? 
• How can an employee enforce the rights described in this document? 
• How can a contractual dispute be resolved?
• How is a reference or complaint made to an employment tribunal?  
• What is the time limit for making a reference or complaint to an employment tribunal? 
  

Introduction

This document outlines provisions relating to an employee's right to receive a written statement of employment particulars under employment protection legislation. It also explains how an employee may enforce his or her rights. It gives general guidance only and should not be regarded as a complete or authoritative statement of law. See also: 

Note: Some terms and conditions of employment are subject to statutory requirements, e.g. rates of pay, working hours and holidays, notice of termination of employment and (from 1 October 2004) disciplinary and grievance procedures.(1) For more information see:

• A detailed guide to the National Minimum Wage   (320Kb)

• Your guide to the Working Time Regulations: sections 1 - 4.

• Rights to notice and reasons for dismissal

• Resolving disputes web page
  
  

OUTLINE OF PROVISIONS

A contract of employment exists as soon as an employee starts work and, by doing so, proves that he or she accepts the terms and conditions offered by the employer. Both employer and employee are bound by the terms offered and accepted. Often the contract is verbally agreed and not written down. Most employees are however entitled by law to be given a written statement setting out the main particulars of their employment. This statement will not necessarily cover every aspect of the contract, but can provide important evidence of the main terms and conditions.

An Example form of a written statement of employment particulars meeting the requirements of the legislation is available - see

Who is entitled to receive a written statement?

All employees are entitled to receive a written statement meeting the requirements described in this document, provided that their employment lasts for one month or more. (Those whose employment began before 30 November 1993 must however request such a statement before becoming entitled to it. They may make such a request at any time during their employment or up to three months after its termination.)

Individuals who are not employees - for example independent contractors or freelance agents - are not entitled to a statement.

What information must the written statement include?

The written statement must cover:

• the names of the employer and the employee;
• the date when the employment (and the period of continuous employment) began;
• remuneration and the intervals at which it is to be paid;
• hours of work;
• holiday entitlement;
• entitlement to sick leave, including any entitlement to sick pay;
• pensions and pension schemes;
• the entitlement of employer and employee to notice of termination;
• job title or a brief job description;
• where it is not permanent, the period for which the employment is expected to continue or, if it is for a fixed term, the date when it is to end.
• either the place of work or, if the employee is required or allowed to work in more than one location, an indication of this and of the employer's address; and
• details of the existence of any relevant collective agreements which directly affect the terms and conditions of the employee's employment - including, where the employer is not a party, the persons by whom they were made.

If an employee is normally employed in the UK but will be required to work abroad for the same employer for a period of more than one month, the statement must also cover:

• the period for which the employment abroad is to last;
• the currency in which the employee is to be paid;
• any additional pay or benefits; and
• terms relating to the employee's return to the UK.

Where there are no particulars to be given for one of the items required to be covered in the statement (for example, where there is no pension entitlement), this must be indicated.

The statement must also include a note giving certain details of the employer's disciplinary and grievance procedures, and stating whether or not a pensions contracting-out certificate is in force for the employment in question.

What must the note of disciplinary and grievance procedures contain?

The note must:

• cover any disciplinary rules (and from 1 October 2004, any disciplinary or dismissal procedures) which apply to the employee;
• specify, by description (for example job title) or by name, the person to whom the employee can apply and the manner in which an application should be made if he or she is dissatisfied with any disciplinary (or, from 1 October 2004, dismissal) decision relating to him or her, or for the purpose of seeking redress of any grievance relating to his or her employment; and
• cover any further steps which follow from the making of such an application.

Until 1 October 2004 (when this exemption will be removed) employers with fewer than twenty employees, however, need give only the name of the person to whom the employee can apply for the purpose of seeking redress of any grievance relating to his or her employment and the manner in which such an application should be made.

These requirements do not apply to rules, disciplinary or dismissal  decisions, grievances and procedures relating to health or safety at work.

The note must also state, in every case, whether or not a contracting-out certificate under the Pensions Schemes Act 1993 is in force for the employment in question.

Which of the required particulars may be given by reference to some other document, rather than in the written statement itself?

Most of the required particulars must be set out in the written statement itself. There are however a number of exceptions.

Particulars of:

• entitlement to sick leave, including any entitlement to sick pay;
• pensions and pension schemes;
• disciplinary rules and disciplinary or dismissal procedures; and
• any further steps which follow from the making of an application under the employer's disciplinary, dismissal or grievance procedures;

may be given by reference to some other document which the employee has reasonable opportunities of reading in the course of his or her employment or which is made reasonably accessible to him or her in some other way. It is for individual employers to make suitable arrangements to ensure that this requirement is complied with should they choose to make reference to some other document.

In addition, particulars of the entitlement of employer and employee to notice of termination may be given by reference to the provisions of the relevant legislation or to those of any relevant collective agreement which the employee has reasonable opportunities of reading in the course of his or her employment or which is made reasonably accessible to him or her in some other way.

When must the written statement be given?

All the required particulars must be given within two months of the date when the employee's employment begins. In the case of an employee who leaves the UK within two months of the beginning of his or her employment to work abroad for a period of more than one month, the required particulars must be given to him or her before he or she leaves. It is not necessary, however, for all the information to be given at the same time. It can instead be given in separate documents or instalments if this is more convenient, provided that certain particulars are collected together in one single instalment, referred to in the legislation as the 'principal statement'.

The particulars which must be included in the principal statement are:

• the names of the employer and the employee;
• the date when the employment (and the period of continuous employment) began;
• remuneration and the intervals at which it is to be paid;
• hours of work;
• holiday entitlement;
• job title or a brief job description; and
• either the place of work or, if the employee is required or allowed to work in more than one location, an indication of this and of the employer's address.

Although the principal statement must take the form of a single document, employers may find it convenient to meet this requirement by attaching photocopies of relevant extracts from staff handbooks or other literature and making it clear in the statement that these contain part of the information required to be given.

(If an employee whose employment began before 30 November 1993 requests a statement meeting the requirements described in: Who is entitled to receive a written statement? - it must be provided within two months of when the request is made.)

What notification is an employee entitled to receive when a change occurs in one of the particulars of employment?

Employees who qualify for a written statement (including those whose employment began before 30 November 1993) are also entitled to receive written notification whenever a change occurs in one of the particulars required to be covered in that statement. This notification need not be a personalised letter but could take the form of, for example, a photocopied notice, provided that a copy is given to each of the affected employees individually.

The notification must be given at the earliest opportunity, and in any event within one month of when the change occurs (or, if the change results from the employee being required to work outside the UK for more than one month and if his or her date of departure is earlier than one month after the change occurs, before he or she leaves).

In most cases the notification must contain explicit particulars of the change. There are however a number of exceptions.

Particulars of changes in:

• entitlement to sick leave, including any entitlement to sick pay;
   
• pensions and pension schemes;
   
• disciplinary rules; and disciplinary or dismissal procedures; and
   
• any further steps which follow from the making of an application under the employer's disciplinary, dismissal or grievance procedures; may be given by reference to some other document which the employee has reasonable opportunities of reading in the course of his or her employment or which is made reasonably accessible to him or her in some other way. It is for individual employers to make suitable arrangements to ensure that this requirement is complied with, should they choose to make reference to some other document.

In addition, particulars of changes in the entitlement of employer and employee to notice of termination may be given by reference to the provisions of the relevant legislation or to those of any relevant collective agreement which the employee has reasonable opportunities of reading in the course of his or her employment or which is made reasonably accessible to him or her in some other way.

The itemised pay statement which most employees are entitled to receive (See: 

Note: the fact that employers are required to notify employees of changes to particulars in the written statement does not mean that they are entitled to vary contractually-agreed terms and conditions of employment without employees' consent. Once terms and conditions of employment have been agreed, any changes should also be negotiated and agreed between employers and employees (or their representatives). For further information about variation of contract - see 

What information is an employee entitled to receive when there is a change of employer?

When a change of employer occurs, a new and full written statement of employment particulars must normally be issued to employees within two months of that change (or, if this is earlier, by the time the employee leaves to work outside the UK for a period of more than one month). There are however some exceptions.

If only the name changes without any change in the employer's identity, or if the identity changes in circumstances where the employee's continuity of employment is preserved (see below), then provided that there is no other change in terms and conditions a new statement is not required. The employees must however be given individual written notification of the change at the earliest opportunity, and in any event within one month of when it occurs.

Continuity of employment is preserved if:

• an undertaking or part of an undertaking is transferred from one employer to another (see 

  A guide to the 2006 TUPE regulations for employees, employers and representatives   (164Kb)

   
• by an Act of Parliament one corporate body takes over from another as the employer;
   
• the employer dies and his or her personal representatives or trustees keep the employee on in employment;
   
• there is a change in the partners, personal representatives, or trustees who employ the employee;
   

the employee moves from one employer to another where at the time of the move the two employers are associated employers - that is, where one is a company of which the other, either directly or indirectly, has control, or where both are companies of which a third party, either directly or indirectly, has control.

How can an employee enforce the rights described in this document?

A qualifying employee who is dissatisfied because he or she has received no written statement of employment particulars, or no notification of a change in those particulars, may refer the matter to an employment tribunal.

If a written statement, or notification of a change, has been received by the employee but a question arises as to the accuracy or sufficiency of the particulars contained in it (or in another document to which it refers, in the limited circumstances where such reference is permitted), then either the employee or the employer may refer the matter to an employment tribunal.

In either case, the tribunal will determine what particulars the employee should have been given. The particulars decided on by the tribunal will have effect as if they had been included in a written statement, or notification of a change, issued by the employer.

From 1 October 2004 the employment tribunals will have additional powers in relation to written statements. If an employee is successful in a complaint to a tribunal about a variety of matters (excluding references under the written statement requirements themselves), the tribunal will also consider whether he received a written statement or a statement of change. If he was entitled to receive such a statement but did not, or his statement is inaccurate or incomplete, the tribunal will award him compensation, unless there are exceptional circumstances which would make this unjust or inequitable. It will do this either by adding to any award it is making for the matter about which the employee has complained, or, if financial compensation is not the remedy provided by the law for that complaint (or not the one which the tribunal has chosen), by making an award. In either case - adding to an award or making one - the amount of compensation will be two or four weeks' pay (at the tribunal's discretion). A week's pay for this purpose is subject to a statutory limit: for further details see 

Dismissal of an employee for seeking to enforce the rights described in this document, either by making a reference to an employment tribunal or by alleging that the employer has infringed those rights, is unlawful. An employee dismissed in these circumstances is entitled to make a complaint of unfair dismissal to an employment tribunal, regardless of length of service. This applies whether or not the employee did in fact qualify for the rights in question and whether or not they had in fact been infringed, provided that he or she acted in good faith.

How can a contractual dispute be resolved?

Disputes about losses suffered through failure to observe the terms of the contract of employment, as evidenced by the written statement of employment particulars, may usually be determined by an employment tribunal if they arise or are outstanding on the termination of the employee's employment. The tribunal may order payment of arrears of wages, of holiday pay or of pay in lieu of notice, and may award damages for wrongful dismissal. There are however certain specific types of contractual case - for example, claims for damages in respect of personal injuries - which the tribunals are not empowered to hear. An employer may present a contractual claim to an employment tribunal only if the employee has already presented such a claim and not since withdrawn or settled it.

Contractual disputes arising during the course of the employee's employment may be resolved only by bringing a claim in the civil courts of law if satisfaction cannot be obtained without recourse to legal action. This is also true of those specific types of contractual case which employment tribunals are not empowered to hear, and of contractual claims which an employer wishes to bring in the absence of such a claim by the employee.

More detailed information on this subject can be found in 

A reference or complaint is made by way of an application form (form ET 1, or, in Scotland, ET 1(Scot)). Further details are given in the booklet Making a claim to an Employment Tribunal.. These booklets are available free from Jobcentre Plus offices, Citizens Advice Bureaux, from the DTI Publicaitons Orderline on 0845 015 0010, or from the Employment Tribunals Service website.

What is the time limit for making a reference or complaint to an employment tribunal?

A reference under the written statement provisions may be made at any time during the qualifying employee's employment or up to three months after the date on which it ends.

A complaint of unfair dismissal or a claim by an employee arising from a breach of contract may be made at any time up to three months after the date on which the employee's employment ends, irrespective of whether an internal appeals procedure is being used.

A contractual counter-claim by an employer may be made at any time up to six weeks after he or she receives notice of the case number of the employee's claim.

The tribunal has discretion to extend these limits by such further period as it considers reasonable if it is satisfied that it was not reasonably practicable for the reference or complaint to be made within the specified time. (This might occur, for example, where an employee whose employment began before 30 November 1993 requests a statement during the three month period following the termination of that employment - Who is entitled to receive a written statement? - Regulatory Guidance . However, from 1 October 2004 the time limit for submitting some tribunal claims will also be extended in certain circumstances to allow statutory minimum dismissal, disciplinary and grievance procedures to be followed. Although this will not apply to the written statement provisions, it will apply to unfair dismissal and breach of contract claims (but not to contractual counter-claims by employers). For further details see the Resolving disputes web page.

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1 The statutory procedures will apply when an employer first contemplates dismissal or disciplinary action on or after 1 October 2004, but not when a procedure of the employer's own has been started before that date.