CoronavirusSee Coronavirus legislation
on legislation.gov.uk
Get Coronavirus guidance from GOV.UK
Additional advice for Scotland | Wales | Northern Ireland

Search Legislation

Employment Rights Act 1996

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Right to statements of employment particulars

 Help about opening options

Changes to legislation:

Employment Rights Act 1996, Cross Heading: Right to statements of employment particulars is up to date with all changes known to be in force on or before 06 June 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Right to statements of employment particularsE+W+S

1 Statement of initial employment particulars.E+W+S

(1)Where [F1a worker] begins employment with an employer, the employer shall give to [F2the worker] a written statement of particulars of employment.

[F3(2)Subject to sections 2(2) to (4)—

(a)the particulars required by subsections (3) and (4) must be included in a single document; and

(b)the statement must be given not later than the beginning of the employment.]

(3)The statement shall contain particulars of—

(a)the names of the employer and [F4worker],

(b)the date when the employment began, and

(c)[F5in the case of a statement given to an employee,] the date on which the employee’s period of continuous employment began (taking into account any employment with a previous employer which counts towards that period).

(4)The statement shall also contain particulars, as at a specified date not more than seven days before the statement [F6(or the instalment of a statement given under section 2(4) containing them)] is given, of—

(a)the scale or rate of remuneration or the method of calculating remuneration,

(b)the intervals at which remuneration is paid (that is, weekly, monthly or other specified intervals),

[F7(c)any terms and conditions relating to hours of work including any terms and conditions relating to—

(i)normal working hours,

(ii)the days of the week the worker is required to work, and

(iii)whether or not such hours or days may be variable, and if they may be how they vary or how that variation is to be determined.]

(d)any terms and conditions relating to any of the following—

(i)entitlement to holidays, including public holidays, and holiday pay (the particulars given being sufficient to enable the [F8worker’s] entitlement, including any entitlement to accrued holiday pay on the termination of employment, to be precisely calculated),

(ii)incapacity for work due to sickness or injury, including any provision for sick pay, F9...

[F10(iia)any other paid leave, and]

(iii)pensions and pension schemes,

[F11(da)any other benefits provided by the employer that do not fall within another paragraph of this subsection,]

(e)the length of notice which the [F12worker] is obliged to give and entitled to receive to terminate his contract of employment [F13or other worker’s contract],

(f)the title of the job which the [F14worker] is employed to do or a brief description of the work for which he is employed,

(g)where the employment is not intended to be permanent, the period for which it is expected to continue or, if it is for a fixed term, the date when it is to end,

[F15(ga)any probationary period, including any conditions and its duration,]

(h)either the place of work or, where the [F16worker] is required or permitted to work at various places, an indication of that and of the address of the employer,

(j)any collective agreements which directly affect the terms and conditions of the employment including, where the employer is not a party, the persons by whom they were made, F17...

(k)where the [F18worker] is required to work outside the United Kingdom for a period of more than one month—

(i)the period for which he is to work outside the United Kingdom,

(ii)the currency in which remuneration is to be paid while he is working outside the United Kingdom,

(iii)any additional remuneration payable to him, and any benefits to be provided to or in respect of him, by reason of his being required to work outside the United Kingdom, and

(iv)any terms and conditions relating to his return to the United Kingdom.

[F19(l)any training entitlement provided by the employer,

(m)any part of that training entitlement which the employer requires the worker to complete, and

(n)any other training which the employer requires the worker to complete and which the employer will not bear the cost of.]

(5)Subsection (4)(d)(iii) does not apply to [F20a worker] of a body or authority if—

(a)the [F21worker’s] pension rights depend on the terms of a pension scheme established under any provision contained in or having effect under any Act, and

(b)any such provision requires the body or authority to give to a new [F22worker] information concerning the [F23worker’s] pension rights or the determination of questions affecting those rights.

[F24(6)In this section “probationary period” means a temporary period specified in the contract of employment or other worker’s contract between a worker and an employer that—

(a)commences at the beginning of the employment, and

(b)is intended to enable the employer to assess the worker’s suitability for the employment.]

Textual Amendments

2 Statement of initial particulars: supplementary.E+W+S

(1)If, in the case of a statement under section 1, there are no particulars to be entered under any of the heads of paragraph (d) or (k) of subsection (4) of that section, or under any of the other paragraphs of subsection (3) or (4) of that section, that fact shall be stated.

(2)A statement under section 1 may refer the [F25worker] for particulars of any of the matters specified in [F26subsection (4)(d)(ii) to (iii) and (l)] of that section to the provisions of some other document which is reasonably accessible to the [F25worker].

(3)A statement under section 1 may refer the [F27worker] for particulars of either of the matters specified in subsection (4)(e) of that section to the law or to the provisions of any collective agreement directly affecting the terms and conditions of the employment which is reasonably accessible to the [F27worker].

[F28(4)A statement, insofar as it relates to the particulars required by section1(4)(d)(iii), (j) and (l) and the note required by section 3—

(a)may be given in instalments; and

(b)must be given not later than two months after the beginning of the employment, even where the employment ends before that date. ]

(5)Where before the end of the period of two months after the beginning of [F29a worker’s] employment the [F30worker] is to begin to work outside the United Kingdom for a period of more than one month, [F31any instalment of a statement given under subsection (4)] shall be given to him not later than the time when he leaves the United Kingdom in order to begin so to work.

F32(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 Note about disciplinary procedures and pensions.E+W+S

(1)A statement under section 1 shall include a note—

(a)specifying any disciplinary rules applicable to [F33the worker] or referring [F33the worker] to the provisions of a document specifying such rules which is reasonably accessible to [F33the worker],

[F34(aa)specifying any procedure applicable to the taking of disciplinary decisions relating to [F35the worker], or to a decision to dismiss [F35the worker], or referring [F35the worker] to the provisions of a document specifying such a procedure which is reasonably accessible to [F35the worker],]

(b)specifying (by description or otherwise)—

(i)a person to whom [F36the worker] can apply if dissatisfied with any disciplinary decision relating to him [F37or any decision to dismiss him], and

(ii)a person to whom [F38the worker] can apply for the purpose of seeking redress of any grievance relating to his employment,

and the manner in which any such application should be made, and

(c)where there are further steps consequent on any such application, explaining those steps or referring to the provisions of a document explaining them which is reasonably accessible to [F39the worker].

(2)Subsection (1) does not apply to rules, disciplinary decisions, [F40decisions to dismiss] grievances or procedures relating to health or safety at work.

F41(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F41(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F34S. 3(1)(aa) inserted (1.10.2004) by Employment Act 2002 (c. 22), ss. 35(2), 55(2); S.I. 2004/1717, art. 2(2) (subject to art. 3)

F37Words in s. 3(1)(b)(i) inserted (1.10.2004) by Employment Act 2002 (c. 22), ss. 35(3), 55(2); S.I. 2004/1717, art. 2(2) (subject to art. 3)

F40Words in s. 3(2) inserted (1.10.2004) by Employment Act 2002 (c. 22), ss. 35(4), 55(2); S.I. 2004/1717, art. 2(2) (subject to art. 3)

F42S. 3(5) omitted (6.4.2016 unless brought into force earlier by an order under s. 56(1) of the amending Act) by virtue of Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 67

4 Statement of changes.E+W+S

(1)If, after the material date, there is a change in any of the matters particulars of which are required by sections 1 to 3 to be included or referred to in a statement under section 1, the employer shall give to [F43the worker] a written statement containing particulars of the change.

(2)For the purposes of subsection (1)—

(a)in relation to a matter particulars of which are included or referred to in a statement given under section 1 F44... , the material date is the date to which the statement relates,

(b)in relation to a matter particulars of which—

(i)are included or referred to in an instalment of a statement given under [F45section 2(4)]

F46(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the material date is the date to which the instalment relates, and

(c)in relation to any other matter, the material date is the date by which a statement under section 1 is required to be given.

(3)A statement under subsection (1) shall be given at the earliest opportunity and, in any event, not later than—

(a)one month after the change in question, or

(b)where that change results from [F47the worker] being required to work outside the United Kingdom for a period of more than one month, the time when he leaves the United Kingdom in order to begin so to work, if that is earlier.

(4)A statement under subsection (1) may refer [F48the worker] to the provisions of some other document which is reasonably accessible to [F48the worker] for a change in any of the matters specified in [F49sections 1(4)(d)(ii) to (iii)] and 3(1)(a) and (c).

(5)A statement under subsection (1) may refer [F50the worker] for a change in either of the matters specified in section 1(4)(e) to the law or to the provisions of any collective agreement directly affecting the terms and conditions of the employment which is reasonably accessible to [F50the worker].

(6)Where, after an employer has given to [F51a worker] a statement under section 1, either—

(a)the name of the employer (whether an individual or a body corporate or partnership) is changed without any change in the identity of the employer, or

(b)[F52in the case of a statement given to an employee,] the identity of the employer is changed in circumstances in which the continuity of the employee’s period of employment is not broken,

and subsection (7) applies in relation to the change, the person who is the employer immediately after the change is not required to give to [F53the worker] a statement under section 1; but the change shall be treated as a change falling within subsection (1) of this section.

(7)This subsection applies in relation to a change if it does not involve any change in any of the matters (other than the names of the parties) particulars of which are required by sections 1 to 3 to be included or referred to in the statement under section 1.

(8)A statement under subsection (1) which informs an employee of a change such as is referred to in subsection (6)(b) shall specify the date on which the employee’s period of continuous employment began.

Textual Amendments

5 Exclusion from rights to statements.E+W+S

(1)Sections 1 to 4 apply to [F54a worker] who at any time comes or ceases to come within the exceptions from those sections provided by [F55section] 199, and under section 209, as if his employment with his employer terminated or began at that time.

(2)The fact that section 1 is directed by subsection (1) to apply to [F56a worker] as if his employment began on his ceasing to come within the exceptions referred to in that subsection does not affect the obligation under section 1(3)(b) to specify the date on which his employment actually began.

6 Reasonably accessible document or collective agreement.E+W+S

In sections 2 to 4 references to a document or collective agreement which is reasonably accessible to [F57a worker] are references to a document or collective agreement which—

(a)[F58the worker] has reasonable opportunities of reading in the course of his employment, or

(b)is made reasonably accessible to [F59the worker] in some other way.

7 Power to require particulars of further matters.E+W+S

The Secretary of State may by order provide that section 1 shall have effect as if particulars of such further matters as may be specified in the order were included in the particulars required by that section; and, for that purpose, the order may include such provisions amending that section as appear to the Secretary of State to be expedient.

[F607A Use of alternative documents to give particularsE+W+S

(1)Subsections (2) and (3) apply where—

(a)an employer gives [F61a worker] a document in writing in the form of a contract of employment [F62or other worker’s contract] or letter of engagement,

(b)the document contains information which, were the document in the form of a statement under section 1, would meet the employer’s obligation under that section in relation to the matters mentioned [F63in that section save for the particulars specified in section 2(4) and], and

[F64(c)the document is given not later than the beginning of the employment.]

(2)The employer’s duty under section 1 in relation to any matter shall be treated as met if the document given to the [F65worker] contains information which, were the document in the form of a statement under that section, would meet the employer’s obligation under that section in relation to that matter.

(3)The employer’s duty under section 3 shall be treated as met if the document given to the [F66worker] contains information which, were the document in the form of a statement under section 1 and the information included in the form of a note, would meet the employer’s obligation under section 3.

(4)For the purposes of this section a document to which subsection (1)(a) applies shall be treated, in relation to information in respect of any of the matters mentioned in section 1(4), as specifying the date on which the document is given to the [F67worker] as the date as at which the information applies.

(5)Where subsection (2) applies in relation to any matter, the date on which the document by virtue of which that subsection applies is given to the [F68worker] shall be the material date in relation to that matter for the purposes of section 4(1).

(6)Where subsection (3) applies, the date on which the document by virtue of which that subsection applies is given to the [F69worker] shall be the material date for the purposes of section 4(1) in relation to the matters of which particulars are required to be given under section 3.

(7)The reference in section 4(6) to an employer having given a statement under section 1 shall be treated as including his having given a document by virtue of which his duty to give such a statement is treated as met.

Textual Amendments

F60Ss. 7A, 7B inserted (1.10.2004) by Employment Act 2002 (c. 22), ss. 37, 55(2); S.I. 2004/1717, art. 2(2) (subject to art. 3)

7B Giving of alternative documents before start of employmentE+W+S

A document in the form of a contract of employment [F70or other worker’s contract] or letter of engagement given by an employer to [F71a worker] before the beginning of the [F72worker’s] employment with the employer shall, when the employment begins, be treated for the purposes of section 7A as having been given at that time.]

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources