The main conditions of employment are summarised by a written statement when an employee starts work. The document includes the main terms of employment and by law employers must provide one to anyone with a legal status of employee or anyone with a legal status of worker.
The statement should be provided to employees regardless of how long their employment is expected to last.
The ‘Principal statement’ must be provided on or before the employee’s first day of work and include key details such as:
For employees, it must also include the date that a previous job started if it counts towards a period of continuous employment.
If you do not receive a written statement, you should first speak to your employer to ask for one. If you are still unsure or have concerns, you can seek further advice from an employment law solicitor or ACAS.
A full, formal written contract is not legally required but is recommended. While the law requires the “written statement,” many employers provide a comprehensive written contract for clarity and to protect both parties.
The written statement does not have to include all benefits, such as pension or other employee benefits, unless they are a key term of the employment.
Even without a formal written contract, a contract of employment is usually formed when a job offer is accepted verbally or in writing. There are also “implied terms” that are not written down, such as the employer providing a safe place to work and the employee will not steal from the company.
The written statement is a legal requirement that must be provided to all employees, but the full contract is the entire set of rights, responsibilities, and obligations that govern the relationship, such as additional clauses on intellectual property, non-compete clauses, and policies found in a staff handbook.
Not having a full written contract can lead to disputes over the terms of employment, such as responsibilities, salary, and hours.
Without a comprehensive contract, employees may be left vulnerable in cases of wrongful dismissal or other employment issues.
If you are an employer needing advice regarding the review or creation of a written statement or contract for an employee, we can assist you with this and offer a free no obligation callback with one of our specialist Lawyers on 01983 897003.
Appointments are available by telephone or via video call, so no matter where you are in England or Wales we can assist you.
The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
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