When someone must get their statement
An employer must give a written statement of employment particulars to both employees and workers.
Employers must provide a written statement:
- no matter how long the person's employed for
- on or before the person's first day of work
Everything in the written statement must follow the law (Employment Rights Act 1996). For example, it's not legal to state someone who is 22 years old will be paid £3.50 an hour, because this amount is below the minimum wage.
The employee or worker should check the written statement and talk with their employer if there's anything they do not understand or agree with.
If someone does not understand their written statement
Employers should make sure staff understand their written statement. They might need to take extra steps to do this.
For example, the employer could:
- give someone more time to read their written statement
- explain some of it in more detail
- agree to translate it into another language
- provide it in braille or audio format
Written statement for someone who started their job before 6 April 2020
They must still be working with the employer or be within 3 months of their leaving date. The employer must provide the written statement that meets the new requirements within 1 month.
Those legally classed as workers do not have the right to a written statement if they started the job before 6 April 2020. They can still ask their employer if they can provide it. A worker would have the right to a written statement if the employer starts them on a new contract after 6 April 2020.
If you've not received your written statement
You can raise the issue with your employer if you've not received the written statement by the time it's due. It's a good idea to do this informally at first by talking to your employer.
If you understand the written statement exists but you've not received it, you can also make a formal 'subject access request'.
If you need to take things further
If you still do not receive it, you can raise a grievance. This is where you make a formal complaint to your employer.
If that does not resolve things, you might be able to make a claim to an employment tribunal. You could get compensation, but only if the tribunal upholds your claim in combination with another one, for example unfair dismissal.