Day-one paperwork

Written statement of employment particulars: what's due on day one

Last checked 18 October 2026 · 7 min read · By James Whitfield, EmployerCalculator Editorial
Contents (7 sections)
  1. Key facts
  2. What must the day-one statement include?
  3. What can follow within two months?
  4. Is the written statement the same as a contract?
  5. Worked example: what a missing statement can cost
  6. What is changing in 2027?
  7. Checklist before handing it over
Quick answer

Every new employee and worker must get a written statement of employment particulars on or before their first day12. The main document must name the employer and employee and set out the job title, start date, pay, hours, holiday, place of work, expected length of the job, probation, benefits and training; pensions, disciplinary and grievance details can follow within 2 months. If a tribunal claim succeeds, a missing statement adds 2 to 4 weeks' pay, up to £3,0043.

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Key facts
  • Due: on or before the first day of employment, for employees and workers, whatever their hours or contract length1.
  • Law: section 1 of the Employment Rights Act 1996, as amended for anyone starting on or after 6 April 20202.
  • Within 2 months: pensions, collective agreements, other training, and disciplinary and grievance procedures1.
  • Changes: tell the employee in writing within one month of any change to the particulars1.
  • Cost of getting it wrong: 2 weeks' pay, or up to 4, added to a successful tribunal claim, with a week's pay capped at £751 (2026/27)3.

What must the day-one statement include?

These items must be in a single document, the principal statement, given on or before day one12:

  • The employer's name and the employee's or worker's name.
  • The start date and, for an employee, the date continuous employment began (it can be earlier if they transferred from another employer).
  • Job title or a brief description of the work.
  • Pay: the rate or how it is calculated, and how often it is paid.
  • Hours and days of work, whether they can vary and how.
  • Holiday entitlement, including bank holidays, and how holiday pay is worked out.
  • Where they will work, or that they may work at different places, with the employer's address.
  • How long the job is expected to last, or the end date of a fixed-term contract.
  • Any probation period, its length and conditions.
  • Any other benefits, such as childcare vouchers or lunch.
  • Training they must do, and whether you pay for it.
  • Any period working abroad of more than a month, and the terms that apply.

Sick pay rules, other paid leave such as maternity leave, and the notice each side must give must also be provided on day one, but they can sit in a separate document the person can easily read, such as a staff handbook1.

What can follow within two months?

Giving everything on day one is simpler and avoids a second deadline. A new employee with a disciplinary procedure from the start also knows the rules that will apply during probation.

  • Pension arrangements, including the auto-enrolment scheme.
  • Any collective agreements that affect the terms.
  • Any training you offer that is not compulsory.
  • Disciplinary rules and grievance procedures, which can also be in a separate document.

Is the written statement the same as a contract?

Not quite. An employment contract exists as soon as a job offer is accepted, and it can be partly verbal. The written statement is the legal minimum record of the main terms. Most employers write one document that serves as both, headed as a contract and containing every required particular.

If you never give a statement, the employee can ask an employment tribunal to decide what the particulars should have been. If they win another claim against you, such as unfair dismissal or unpaid wages, the tribunal must add 2 weeks' pay and may add 43.

Worked example: what a missing statement can cost

An employee on £31,200 a year (£600 a week) wins a holiday pay claim and never received a written statement. The tribunal must award 2 weeks' pay: £1,200. If it decides 4 weeks is just and equitable, the extra is £2,400. For someone earning over £751 a week the cap applies, so the most is £1,502 for 2 weeks or £3,004 for 43.

That is on top of the award for the main claim. A one-page omission is cheap to fix and expensive to leave.

What is changing in 2027?

The Employment Rights Act 2025 adds a new duty to tell workers about their right to join a trade union, in a statement given at the same time as the written particulars. The government said in September 2026 that it now expects this to start in January 2027, with a standard form employers will complete.

Separately, from 1 January 2027 the qualifying period for most unfair dismissal claims falls from 2 years to 6 months. A clear probation clause in the day-one statement, followed by written reviews, matters more than before.

Checklist before handing it over

  • Every principal statement item above is in one document, dated and with both names.
  • Pay is at least the minimum wage for the person's age (£12.71 an hour at 21 and over from April 2026).
  • Holiday is at least 5.6 weeks a year, pro rata for part-time hours.
  • Notice periods are at least the statutory minimum: one week after one month's service.
  • Sick pay terms reflect SSP from the first day of sickness, at £123.25 a week, from April 2026.
  • You keep a copy and record the date it was given.

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Related guides

The questions most people ask after reading this.

Frequently asked questions

When must a written statement of employment particulars be given?
On or before the employee's or worker's first day. Since 6 April 2020 this applies to workers as well as employees, from day one, regardless of hours.
Is a written statement a contract of employment?
Not necessarily. The contract exists when the job offer is accepted. The written statement records the main terms. Most employers use one document that does both.
What happens if an employer does not give a written statement?
The employee can ask a tribunal to decide the terms. If they win another claim, such as unfair dismissal, the tribunal must award 2 weeks' pay and may award 4, with a week's pay capped at £751 in 2026/27.
Do casual workers get a written statement?
Yes. Workers, including those on zero-hours or casual arrangements, are entitled to a day-one written statement, the same as employees.
How quickly must I tell an employee about a change to their terms?
In writing, within one month of the change.
Tools

Tools worth considering

UK payroll and HR tools. Editorial summary only — not endorsements.

Xero Payroll

Cloud payroll bundled with Xero accounting. Handles RTI submissions, auto-enrolment and payslip generation. Commonly used by UK small businesses already on Xero for bookkeeping.

See Xero Payroll →
QuickBooks Payroll

Payroll add-on for QuickBooks. Used by UK small employers for PAYE, NI, pension and HMRC RTI. Integrates with QuickBooks accounting.

See QuickBooks Payroll →
Sage Payroll

Long-established UK payroll software with HMRC recognition. Works standalone (without Sage accounting) and is widely used in small businesses and accountancy practices.

See Sage Payroll →
Employment Hero

HR and payroll platform used by growing UK teams. Combines contracts, onboarding, leave management and payroll in one system. HMRC RTI integrated.

See Employment Hero →

Once you know the cost — what next?

Running payroll correctly is the next practical step. These tools handle HMRC RTI submissions, auto-enrolment and payslip generation.

Sources & references

The figures and rules in this guide are drawn from the official UK government sources below. Rates are the confirmed 2026/27 amounts. Each link opens the relevant official page in a new tab.

  1. Employment contracts: written statement of employment particulars — GOV.UK www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars
  2. Employment Rights Act 1996, section 1 — legislation.gov.uk www.legislation.gov.uk/ukpga/1996/18/section/1
  3. Employment Act 2002, section 38 — legislation.gov.uk www.legislation.gov.uk/ukpga/2002/22/section/38
Verified against published GOV.UK and HMRC guidance.
EmployerCalculator Editorial. Content reviewed against HMRC guidance. Estimates only — not financial or legal advice. See our methodology and sources.

Written and reviewed by James Whitfield and the editorial team.

Every figure is checked against current HMRC and GOV.UK guidance and reviewed for the 2026/27 tax year. We explain the numbers in plain English with worked examples. Editorial standards · About us