Written statement

All employers must provide their employees with a written statement of employment particulars no later than 2 months after they start work (provided they are employed for 1 month or more).
If the written statement is given to the employee after they have started work, it is not a contract of employment (because a contract exists as soon as an employee starts work or before if they have accepted the terms and conditions offered by the employer) - but it is often the best evidence of what an employee's contractual terms are.
The contract of employment should contain all the matters set out in the written statement, but may also include other matters as well.

name of employer and employee*
date employment began*
date the employee’s continuous employment began*
employee’s job title or brief description of the role*
rate of remuneration or method of calculating remuneration*
dates of payment*
employee’s place (or places) of work*
if employee is required to work outside UK for more than one month:
- period for which he or she will do so
- currency in which he or she will be paid
- any additional remuneration or benefits payable to employee
- any terms and conditions relating to employee’s return to UK
terms and conditions relating to hours of work*
terms and conditions relating to holiday leave and pay, sick leave and pay and pension arrangements
notice period to be given by employee and employer
if not permanent, period for which employment is to continue
if for a fixed term, date on which employment will end
any collective agreements which directly affect the employment

The statement of particulars must also contain a note specifying:
- any relevant disciplinary rules or reference to where these can be found
- any relevant grievance procedure or reference to where this can be found
- the person to whom an employee can apply if dissatisfied with any disciplinary action, or to seek redress of a grievance
- whether or not there is a contracting out certificate in force in relation to pensions
The items marked * must be included in a single document. Other particulars can be supplied in separate documents.
If the employer fails to provide a statement of particulars, there is no stand-alone right for an employee to claim compensation.
However if the employee brings another claim to tribunal, the failure to provide a statement of particulars will attract further compensation of between 2 and 4 weeks’ pay.
Any changes to the particulars of employment specified in the statement must be notified, in writing, to the employee at the earliest opportunity and not later than 1 month after the changes have taken effect.

The Working hours section of Policies and Documents contains sample clauses providing for varying degrees of flexibility in working hours (subscribers only).

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