Updated 29/12/2024
Written Particulars of Employment ~
Most employee will be given written particulars of their employment. Individuals often refer to those as their contract but they do not usually contain the full details as a contract does. It is a legal requirement that employees are given written particulars as explained below.
There are two parts to the particulars that must be provided to an employee.
The first part is known as the Principal Particulars. That must be provided to an employee before his/her start date. The second part is known as the Additional Particulars which may be given in a separate document(s) and provided within two months of the individual’s start date.
Written particulars should be provided to employees and workers including including those on zero-hour contracts and agency workers,
TIP New staff are often reassured if they are given both the Principal and Additional Particulars before they start. It is also helpful to invite any questions on the particulars before or when they start.
Principal Written Particulars of Employment
The terms below must be included in the same document (known as the ‘principal statement’):
- the employer’s name and address
- the employee or worker’s name
- the start date (the day the employee or worker starts work)
- the date that ‘continuous employment’ (i.e. working for the same employer without a significant break) starts for an employee
- job title, or a brief description of the job
- the places or addresses where the employee or worker will work
- pay, including how often and when (for example, £1,000 per month, paid on the last Friday of the calendar month)
- working hours, including which days the employee or worker must work and if and how their hours or days can change
- holiday and holiday pay, including an explanation of how its calculated if the employee or worker leaves
- the amount of sick leave and pay (if this information is not included in the document, the employer must state where to find it)
- any other paid leave (if this information is not included in the document, the employer must state where to find it)
- any other benefits, including non-contractual benefits such as childcare vouchers or company car schemes
- the notice period required from the employee and the period the employer must give to end the employment
- If the job is temporary or fixed term that should be stated as should how long the job is expected to last
- any probation period, including its conditions and how long it is
- if the employee may be required to work abroad, for longer than one month, and any terms that apply
- training that must be completed by the employee or worker, including any training which the employer does not pay for
In addition, other particulars must be given either at the outset to wi
Additional Particulars of Employment
These terms can be given in instalments but must be given within two months of the employee starting:
- pension arrangements (if this information is not included in the document, the employer must state where the employee can find it);
- any other terms and conditions that apply to employees such as any ‘collective agreements’;
- details of any training provided by the employer that is not compulsory (if this information is not included in the document, the employer must state where to find it);
- disciplinary rules and the disciplinary and grievance procedures.
Failure to Give the Particulars Above ~
An individual may complain to a Tribunal about the lack of correct Particulars or absence of particulars. Normally, the Tribunal will only consider such a complaint if it also refers to another type of breach of employment law e.g. failure to pay the correct wages. Then it can make an order determining the Particulars of Employment or any missing or incorrect items.
Compensation for failure to provide particulars may be awarded by an Employment Tribunal. The amount can be up to 2 weeks pay £1,400 (£1,286) or, if just and equitable, up to 4 weeks pay £2,800 (£2,572). ~
Note – see also the topic on Contracts of Employment