Written Statement of Employment Particulars Template

Purpose

This policy sets out the process for drafting, issuing, and maintaining written statements of employment particulars under Section 1 of the Employment Rights Act 1996. It ensures all workers and employees receive an accurate baseline document detailing their core terms of engagement on or before their first day of work.

Working through related paperwork at the same time? See also our Job Description, Offer Letter and Right to Work Check Procedure.

Scope

This policy applies to all prospective and active employees and workers engaged by [Organisation Name].

Responsibilities

• [HR Department / Designated Role]: Draft accurate statements, issue them within statutory deadlines, secure signed acknowledgments, maintain records, and issue written notices of subsequent changes.
• [Line Managers]: Provide accurate role descriptions, working hours, and operational requirements to [HR Department / Designated Role] before the worker’s start date.
• [Employee / Worker]: Review, sign, and return a copy of the statement upon starting work.

Statutory Requirements

1. Day-One Obligation: Under Section 1 of the Employment Rights Act 1996, workers must receive a written statement of particulars on or before their first day of employment.
2. Principal Document: A single primary document must contain the majority of statutory particulars.
3. Tribunal Risk: Failing to issue a compliant statement on time exposes [Organisation Name] to additional financial penalties if a worker succeeds in a related employment tribunal claim.
4. Mandatory Fields: Every required field must be explicitly addressed. Write “none” or “not applicable” where a field does not apply.

Statement Structure and Required Particulars

A compliant written statement must contain the following core terms:

1. Parties and Service Dates

• Employer name ([Organisation Name]) and official address.
• Employee or worker full name and residential address.
• Employment start date.
• Details of continuous employment, stating whether prior service with a previous employer counts toward continuous service.

2. Job Role and Duration

• Job title and primary reporting lines.
• Main duties and responsibilities (or an attached job description).
• Statement requiring the individual to perform other reasonable duties within their competence.
• Employment status: permanent or fixed-term (including expected end date if fixed-term).

3. Remuneration

• Pay rate or scale (hourly, weekly, or annual salary).
• Payment frequency (weekly, monthly) and payment method.
• Statement confirming that pay meets or exceeds statutory minimums under the National Minimum Wage Act 1998.
• Specific terms for overtime, bonus arrangements, or commission structures.

4. Hours and Location of Work

• Standard working hours, days, and times.
• Details on variable working patterns, shift arrangements, rotas, and requirements for Sunday or night work.
• Primary workplace and details on secondary or hybrid work locations.
• Terms for required overseas work exceeding one month (if applicable).

5. Leave and Absences

• Annual leave entitlement (at or above the statutory minimum of 5.6 weeks) and whether bank holidays are included or extra.
• Leave year dates and provisions for accrued leave upon termination.
• Absence reporting procedures and contractual or statutory sick pay details.
• References to policies governing statutory paid leave (maternity, paternity, adoption, and shared parental leave).

6. Probation, Notice, and Governance

• Probationary period length and terms, including reduced notice during probation.
• Notice periods required from both the worker and [Organisation Name], adhering to statutory minimums.
• Location of and access details for applicable disciplinary and grievance procedures.

7. Pensions, Training, and Benefits

• Workplace pension auto-enrolment details and provider information.
• Mandatory training provided and funded by [Organisation Name].
• Mandatory training the worker must undertake at their own expense.
• Details of supplementary workplace benefits.
• Reference to any relevant collective agreements governing terms of employment.

Operating Procedure

Pre-Issuance Preparation

1. Draft the statement during pre-boarding using the standard template.
2. Cross-check all terms (pay rates, hours, job titles, start dates) against the signed offer letter and payroll records to ensure complete consistency.
3. Fill in every bracketed section and placeholder field, or explicitly mark it as non-applicable.

Issuance and Execution

1. Issue two identical copies of the completed statement to the individual on or before their first day of employment.
2. Instruct the individual to sign and return one copy to [HR Department / Designated Role] while retaining the second copy for their records.
3. Log the date of issuance and the receipt of the signed copy.

Managing Changes to Particulars

1. If statutory terms (pay, hours, role, or location) change during employment, [Organisation Name] must issue a written notification detailing the variations.
2. Provide written change notices within statutory notification timeframes following the date the change takes effect.

Records

• Storage: Store signed statements and subsequent change notices securely in [HR System / Storage Location].
• Retention: Retain records for the duration of employment plus [Retention Period, e.g., 6 years] in accordance with data protection rules.

Document Control

• Policy Owner: [HR Department / Job Title]
• Approved By: [Executive Board / Senior Management]
• Effective Date: [Date]
• Review Frequency: Annual or following changes to statutory UK employment legislation.
• Next Review Date: [Date]