This article applies to England, Wales and Scotland. Northern Ireland has separate employment legislation.
In brief: A written statement of employment particulars sets out your main terms of work. Under section 1 of the Employment Rights Act 1996, employers must give it to employees and workers on or before their first day. A tribunal can declare what the statement should have said, and where section 38 applies it adds 2 to 4 weeks' pay (up to £3,004 under 2026 limits) to another successful claim.
Last updated: 2 September 2026. Next scheduled review: 30 October 2026, when the trade union statement duty takes effect.
By Yerty | Checked against GOV.UK and Acas guidance on written statements, the Employment Rights Act 1996, the Employment Act 2002 and the April 2026 limits order.
If you have been told you were "never on a contract", or your employer is now disputing your pay, hours or notice and you have nothing in writing to point to, the written statement of employment particulars is the right to look at first. It is a day-one entitlement, it applies to workers as well as employees, and its absence can count against your employer at tribunal.
Important: This guide provides information about UK employment law. Yerty is not a law firm and does not provide legal advice.
What Is a Written Statement of Employment Particulars?
A written statement of employment particulars is a document from your employer setting out the main terms of your job: who the parties are, when you started, what you are paid, your hours, holiday, notice and place of work. It is often called a "section 1 statement" because the duty comes from section 1 of the Employment Rights Act 1996.
It is not the same thing as a contract of employment, although most employers meet the duty by issuing a contract that contains all the required particulars. A contract can exist without anything in writing at all. The written statement is the employer's record of what the terms are, and a tribunal will treat it as strong evidence of them.
Since 6 April 2020 the right has applied to workers as well as employees, and most of the particulars must be given on or before the first day of work. Before that date there was a two-month grace period and workers were excluded, which is why older guidance and older employers still get this wrong. If you are an employee who started before 6 April 2020, you can ask for a statement meeting the current requirements and your employer has one month to provide it. A worker engaged before that date does not have the same right unless they start a new contract.
What the Statement Must Contain
Section 1(4) of the 1996 Act lists what must be in the principal statement, the single document given on or before day one. Section 2 allows a small number of items to be given separately or in instalments within 2 months.
| Principal statement (single document, day one) | Day one, but may be in a separate accessible document | Within 2 months |
|---|---|---|
| Names of employer and worker | Sick leave and sick pay | Pension arrangements |
| Start date and, for employees, the date continuous employment began | Other paid leave (for example, maternity or paternity) | Collective agreements affecting the terms |
| Pay: the rate or method of calculation, and how often and when it is paid | Notice periods on both sides | Non-compulsory training the employer provides |
| Hours and days of work, including Sunday, night or overtime working, and whether they may vary | Disciplinary rules and procedure | |
| Holiday entitlement, including public holidays and holiday pay, calculated so that accrued holiday pay on leaving can be worked out | Grievance procedure | |
| Job title or description of the work | ||
| Expected duration if temporary, or end date if fixed-term | ||
| Place of work, or the places if there are several, and the employer's address | ||
| Whether you may have to relocate, and terms for working abroad for more than a month (duration, currency, extra pay, return) | ||
| Probation period, its length and conditions | ||
| Any other benefits, contractual or not | ||
| Compulsory training, and whether the employer pays for it |
Anything in the second and third columns can be held in a staff handbook or on an intranet and referred to from the statement, provided you can reasonably access it. A handbook nobody can find does not count.
Under section 4, if any of these terms change, the employer has to give you a written statement of the change within one month.
What Happens If Your Employer Does Not Provide One
This is where most people get a surprise. There are two separate remedies, and only one of them involves money.
First, under section 11 of the 1996 Act, you can refer a missing or incorrect statement to a tribunal on its own. The tribunal determines what the particulars should have been, and the statement is then treated as having been given in those terms. This is a declaration, not compensation, but it can resolve a dispute about hours, pay or notice.
Second, and more usefully, under section 38 of the Employment Act 2002, if you bring another tribunal claim from a specified list and win it, and your employer was in breach of the section 1 duty when you started that claim, the tribunal must award you an extra 2 weeks' pay, and may award 4 weeks' pay where it considers that just and equitable. A week's pay for this purpose is your actual gross weekly pay, capped at £751 for events on or after 6 April 2026. The maximum award under 2026 limits is therefore £3,004, and only where section 38 applies. The qualifying claims include unfair dismissal, unlawful deduction from wages, discrimination, breach of contract and most other common tribunal claims.
There is one exception. If there are exceptional circumstances that would make an award unjust or inequitable, the tribunal can decline to make one.
Why It Matters More Than the Money
Two to four weeks' pay is not why this right matters. The absence of a written statement changes how a dispute about the terms themselves plays out.
If your employer says your notice was one week and you say it was one month, and there is nothing in writing, the tribunal has to determine the term from the wider evidence: offer letters, payslips, emails, rotas and what each side says was agreed. The same applies to arguments about your start date, your normal hours, or whether a probation period was ever agreed. A compliant statement would have settled the point; without one, both sides have to prove it.
That is also why the statement matters if you are heading towards a claim for unpaid wages or unlawful deductions or breach of contract at work. The first thing a tribunal wants to know in either case is what the contractual term was. A compliant written statement answers that in one line. Its absence means the term has to be proved from payslips, emails and what was said.
What This Means for You
If you never received a statement, or the one you have is missing items from the list above, options include:
- Ask for it in writing. A short email asking for your written statement of particulars under section 1 of the Employment Rights Act 1996 creates a dated record of the request and of any refusal.
- Gather the evidence of the real terms. Offer letters, payslips, rota emails and messages about hours or pay all show what was actually agreed, whatever the paperwork says.
- Raise it alongside any other claim. If you are already contacting Acas about dismissal, discrimination or pay, tell them the section 1 statement was never provided. If you go on to submit an ET1 claim form, say in the details of claim that no compliant statement was given, so the section 38 uplift is on the tribunal's radar from the start.
You do not need a lawyer to make any of those moves. Our guide to your basic employment rights covers the other day-one entitlements that sit alongside this one. For complex cases, you may still want to speak with a solicitor.
Common Misconceptions
"I'm a worker, not an employee, so I'm not entitled to one." Since 6 April 2020 the right applies to workers too, including many casual and zero-hours staff.
"My employer has two months to give it to me." That was the rule before April 2020. The principal statement is now due on or before your first day; only a few supplementary items can follow within 2 months.
"If I never got one, I can sue for it." You can ask a tribunal to declare what the statement should have said (section 11), but compensation only arises when the breach is attached to another successful tribunal claim, and then at 2 to 4 weeks' pay.
"Without a written contract I have no rights." A contract exists whether or not it is written down. The written statement records the terms; it does not create them. Rights such as minimum wage, holiday and protection from discrimination apply regardless.
What Is Changing Under the Employment Rights Act 2025
A new duty under section 58 of the Employment Rights Act 2025 comes into force on 30 October 2026, requiring employers to give workers written information about their right to join a trade union, alongside the section 1 statement and at other prescribed times. At 2 September 2026, the regulations setting out the content, format and which workers are covered were still awaited, with guidance expected in September. The Act provides for breaches to be dealt with through the same section 38 mechanism.
Frequently Asked Questions
Is a written statement of employment particulars the same as a contract?
No. A contract of employment can be verbal or implied and exists from the moment you agree to work for pay. The written statement is a legally required record of the main contractual terms. Most employers combine the two by issuing a written contract containing every particular that section 1 requires.
When should I receive my written statement?
On or before your first day of work, for the principal statement. A limited set of items, such as pension details and disciplinary and grievance procedures, can be given later or in a separate document, but no later than 2 months after you start. This has applied since 6 April 2020.
Can my employer change my written statement without agreement?
Updating the document is not the same as changing the terms. Contract terms generally cannot be changed unilaterally, but agreement may already exist through a valid flexibility clause, may be reached collectively, or in some cases may be implied by conduct. Section 4 of the Employment Rights Act 1996 requires written notice of any change within one month. A change imposed without any of those routes may be a breach of contract or an unlawful deduction.
What can I claim if I never got a written statement?
Nothing as a standalone claim. If you succeed in another tribunal claim, such as unfair dismissal or unpaid wages, the tribunal must add 2 weeks' pay and may add 4 weeks' pay under section 38 of the Employment Act 2002. A week's pay is capped at £751 for events on or after 6 April 2026, so the most you can receive under 2026 limits is £3,004. Separately, a tribunal can declare what the statement should have said under section 11.
Does the written statement right apply to zero-hours and agency workers?
Yes, to anyone with worker status, which includes most zero-hours staff. Agency workers are covered by separate rules: the agency must give them a key information document before they agree terms, alongside its own written statement duties. Genuinely self-employed contractors are not covered.
What should I do if my written statement is wrong?
Raise it in writing with your employer first, pointing to the specific term and what was actually agreed. Keep evidence of the real terms. If it cannot be resolved, a tribunal can determine the correct particulars under section 11 of the Employment Rights Act 1996, and the wider evidence of what was agreed will be relevant in any related pay or contract claim.
Sources
- "Written statement of employment particulars", Gov.uk — https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars
- "Written statements: what must be written in an employment contract", Acas — https://www.acas.org.uk/what-must-be-written-in-an-employment-contract
- Employment Rights Act 1996, sections 1, 2, 4 and 11 — https://www.legislation.gov.uk/ukpga/1996/18/section/1
- Employment Act 2002, section 38 — https://www.legislation.gov.uk/ukpga/2002/22/section/38
- Employment Rights (Increase of Limits) Order 2026 (SI 2026/310) — https://www.legislation.gov.uk/uksi/2026/310
- "Trade union reform", business.gov.uk, 2026 — https://www.business.gov.uk/campaign/employment-changes/employers/trade-union-reform/