Written Statement of Employment UK: What to Include, Day-One Rules & ERA 2025 Changes

Updated: May 2026 • Based on UK Law

This guide covers what a written statement must include, how it differs from an employment contract, and what changed under the ERA 2025.

An employee starts on Monday. No written statement is provided.

The employer assumes the offer letter covers it.

It doesn’t.

Three months later, a dispute arises over notice periods. The employee says one month. The employer says one week.

There’s nothing in writing.

The employee brings a tribunal claim. The tribunal awards two to four weeks’ additional pay — automatically — for the missing written statement.

That’s before the actual dispute is even heard.

A written statement isn’t optional. It’s a day-one legal requirement. And getting it wrong costs more than getting it right.

What Must a Written Statement Include?

The Employment Rights Act 1996 (Section 1) sets out the mandatory contents.

These must be provided in a single document on or before the first day:

• Employer’s name
• Employee’s name
• Date employment began
• Date continuous employment began (if different)
• Job title or description of work
• Pay — amount, frequency, and method
• Working hours — including any variable or flexible arrangements
• Holiday entitlement — including public holidays and holiday pay
• Place of work
• Probationary period — duration and conditions (added April 2020)
• Training requirements — mandatory training and who pays (added April 2020)
• Right to join a trade union — added under ERA 2025

Additional terms can be provided within two months:

• Sick pay and procedure
• Pension arrangements
• Notice periods
• Collective agreements
• Disciplinary and grievance procedures

Is It a Legal Requirement to Have a Contract of Employment?

Yes and no.

An employment contract exists from the moment someone starts work — even if nothing is written down.

But a written statement of particulars is legally required.

Since 6 April 2020, it must be provided on or before day one — to all employees and workers.

Failure to provide one doesn’t make the employment invalid.

But it gives the employee an automatic right to additional compensation (two to four weeks’ pay) if they bring any tribunal claim.

What Are the Four Types of Employment Contracts?

1. Permanent (full-time or part-time).

Ongoing employment with no fixed end date. Full employment rights apply.

2. Fixed-term.

Employment for a specific period or until a specific task is completed. Same rights as permanent employees after four years’ continuous service.

3. Zero hours.

No guaranteed hours. The ERA 2025 introduces major reforms in 2027 — guaranteed hours based on hours worked, shift notice, and cancellation compensation.

4. Casual / agency.

Irregular work patterns, often through an agency. After 12 weeks in the same role, agency workers get equal treatment on pay and conditions.

All four types require a written statement from day one.

What Does a Written Statement Look Like?

There is no prescribed format.

It can be a standalone document or incorporated into a full employment contract.

What matters is that every mandatory term is included and the document is given to the employee on or before day one.

A typical written statement runs 3–5 pages and covers each statutory term under a clear heading.

Our template generates a professional, ERA 2025-compliant written statement from guided questions — covering every mandatory particular.

What Changed Under the ERA 2025?

The Employment Rights Act 2025 adds new mandatory content to written statements.

From April 2026, the statement must include:

• Right to join a trade union — new mandatory term
• Updated SSP information — reflecting day-one entitlement and removal of waiting days
• Updated family leave rights — day-one paternity and unpaid parental leave

If your written statement template was last updated before April 2026, it’s missing these terms.

That makes it non-compliant — and gives any employee an automatic uplift at tribunal.

For the full breakdown of every ERA 2025 change, see our Employment Rights Act 2025 — Complete Guide.

Frequently Asked Questions

What are standard terms in an employment agreement?

Beyond the statutory minimum, most employment agreements also include confidentiality clauses, restrictive covenants, IP ownership, bonus and commission terms, and expenses policy.

The written statement covers the legal minimum. A full contract adds the commercial terms.

What happens if I don’t provide a written statement?

The employment is still valid.

But if the employee brings any tribunal claim, the tribunal can award two to four weeks’ additional pay — automatically — for the missing statement.

Do I need a separate written statement and contract?

No. Most employers combine both into one document.

As long as the document includes every mandatory particular, it satisfies the legal requirement.

Does this apply to workers as well as employees?

Yes. Since April 2020, the right to a written statement extends to workers — not just employees.

That includes zero hours workers, casual staff, and agency workers.

The Truth About “Free” Legal Template Sites (What You’re Really Signing Up For)

Most websites offering a “free legal template” follow the same pattern:

• You click because it’s advertised as free
• You spend 10–15 minutes answering questions
• At the very end, you must create an account or start a “free trial”
• Your card is required upfront
• The subscription auto-renews at £29–£39 per month

This isn’t a free template – it’s a subscription service. Many people only realise after being charged £300–£400 over the year.

Why These “Free” Templates Are a Legal Risk

• Outdated wording: not aligned with current UK law
• Missing mandatory clauses: required for legal validity
• No compliance guidance: leaving users without legal context
• No structured checklist: no way to verify the document works
• Not kept updated: often unchanged when legislation changes

One incorrect clause can weaken or invalidate the entire document.

Hidden Problem: Many “Free Template” Sites Aren’t Even UK-Based

Many free or auto-subscription template sites operate outside the UK.

They use documents drafted for the US legal system, then loosely adapted for “international use,” which creates serious problems:

• Incorrect terminology: taken from US contract law
• Missing UK statutory references: essential legal requirements omitted
• Non-applicable clauses: terms that don’t apply under UK legislation
• Legal conflicts: risks breaching UK consumer, employment, or GDPR rules

Why Templates UK Does the Opposite

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Related Guides

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Last updated: May 2026

Disclaimer: This guide provides general UK legal information, not legal advice. Laws are current as of May 2026.