Is an employer legally obliged to put the contract of employment in writing?
Although there is no legal obligation for the whole contract of employment to be in writing, under s.1(1) of the Employment Rights Act 1996 employers are under a statutory obligation to put certain key terms of employment in writing. This is known as a written statement of particulars of employment, and it sets out the employer's understanding of the main terms and conditions of the person's employment. However, the terms of a contract of employment always take precedence over those in the written statement. A written statement cannot be used to interpret or change the contract of employment, for example where the statement differs from terms that were agreed verbally.