Editor's message: As well as being common sense, it is a legal requirement to record the main terms of an employment contract in writing. Within two months of a new employee joining the organisation, you need to provide them with a written statement of employment particulars. This sets out specified terms that are central to the employment, including on pay, hours and holiday. Any changes to the terms specified in the statement further down the line, such as an agreed reduction in hours, must be confirmed to the employee in writing within one month of the change.
Ultimately, the written statement of terms and conditions of employment is only evidence of what was agreed, rather than the definitive agreement itself, so it is still open to challenge. Keeping on top of what has been agreed with each employee, obtaining the employee’s confirmation of any changes and keeping records up to date can help to avoid disputes further down the line.
From 6 April 2020, the list of mandatory information that must be provided in the statement will expand. It is also set to become a day one right for all workers, not just employees.
Katie Barnes-Monaghan, employment law editor
HR and legal information and guidance relating to written statements of terms and conditions of employment.