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Employment Rights Act 1996

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

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Point in time view as at 06/04/2020.

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 19 April 2024. 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

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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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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.

Textual Amendments

F55Words in s. 5(1) substituted (25.10.1999) by 1999 c. 26, s. 32(3); S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I (with Sch. 3 para. 7(2))

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.

Textual Amendments

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.]

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)

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