What is the Difference Between an Employment Contract and a Written Statement of Particulars in the UK?

As an employer, you should be very familiar with the term employment contract. It is a commonly used term and an essential part of employing staff. However, not all employers are likely to be as knowledgeable about the term written statement of particulars. While the employment contract and the written statement of particulars are related, they are distinct. This article will explain the difference between an employment contract and a written statement of particulars in employment law.

What is an Employment Contract?

An employment contract is a legal agreement between you and your employee regarding their employment. It sets out your employee’s rights and duties in the workplace, as well as your corresponding obligations as an employer.

An employment contract begins as soon as new employees or workers accept the job you offer them. Additionally, while the contract does not have to be in writing, is must lay out your employee’s:

• conditions of employment;
• employment rights;
• responsibilities in their employment; and 
• their employment duties.

What is a Written Statement of Particulars?

A written statement of particulars lays out the main conditions of your employee or worker’s employment with you. In this sense, a statement of particulars is evidence of the employment contract.

The written statement of particulars consists of two documents:

• the ‘principal statement’, which is the primary document; and
• the wider written statement.

The law states that you must give your employees and workers a written statement of particulars.

The Principal Statement

You must give your employee or worker their principal statement on or before their first day of employment with you, regardless of the number of hours they work.

The principal statement must contain the following information:

• your name and address and your employee or worker’s name;
• the job title, description and start date, and, if the employee is already employed by you, the date of their previous job;
• the rate of pay;
• days and hours of work, including any variance and requirements to work Sundays, nights or overtime;
• place(s) of work, including any potential for relocation;
• the duration of their job with you, including any specific end date;
• any probationary period length and conditions;
• any mandatory training, including details of who pays for this; and
• other benefits such as, for example, lunch vouchers.

In the principal statement, you do not have to include:

• sick procedures including pay;
• information about other paid leave such as maternity leave; and
• notice periods.

In saying that, you must give your employees this information before their first day of employment with you.

The Wider Written Statement

You must give your employee or worker their wider written statement within two months of starting their employment with you. The wider written statement must include:

• pension and pension scheme information;
• non-mandatory training which you provide;
• disciplinary and grievance procedures; and
• collective agreements, which are agreements you may have with your employee’s representatives that let you negotiate any terms and conditions of their employment with you.

If you decide to make any changes to the written statement during your employees’ employment with you, you must tell them about these changes within one month.

What Are the Key Differences Between an Employment Contract and a Written Statement of Particulars?

An employment contract and a written statement of particulars are two separate but related parts of the employment relationship between you and your worker. The employment contract is the agreement between you and your worker with the main terms and conditions of the employment. On the other hand, the written statement of particulars relates to the contract but contains more information.

For ease of understanding, here are some key points to help you understand the difference between the employment contracts and the written statement of particulars:

Key Takeaways

As an employer, you must be aware of the difference between a contract of employment and a written statement of particulars. Not only should you be mindful of the difference, but you should also know what the statement of particulars is and the rules about it. For example, there is essential information the statement of particulars should detail, such as the usual hours your employee or worker works and their place of work. You are also under a legal requirement to provide a written statement of particulars to your employees and workers within a given timeframe.  

If you need help understanding the difference between a contract of employment and a written statement of particulars of employment, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. So call us today on 0808 196 8584 or visit our membership page.

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