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).
The employee or worker should check the written statement. They should 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
Anyone legally classed as an employee who started their job before 6 April 2020 can ask their employer for a written statement that meets the new requirements.
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.
Anyone legally classed as a worker does 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. If the employer started a worker on a new contract after 6 April 2020, the worker has the right to a written statement.
Find out more about what must be included in a written statement
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 know the written statement exists but you've not received it, you can also make a formal 'subject access request'.
Find out more about subject access requests on the Information Commissioner's Office website
If you need to take things further
If you still do not receive your written statement, 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. This would only happen if the tribunal upholds your claim alongside another one, for example unfair dismissal.