Employment Rights Act 1996, section 1

Statement of initial employment particulars

Part I Employment particulars

(1)Where [F2a workerF2] begins employment with an employer, the employer shall give to [F3the workerF3] a written statement of particulars of employment.

[F4 (2)Subject to sections 2(2) to (4)—

(a)the particulars required by subsections (3) and (4) must be included in a single document; and

(b)the statement must be given not later than the beginning of the employment.F4]

(3)The statement shall contain particulars of—

(a)the names of the employer and [F5workerF5] ,

(b)the date when the employment began, and

(c)[F6 in the case of a statement given to an employee,F6] the date on which the employee’s period of continuous employment began (taking into account any employment with a previous employer which counts towards that period).

(4)The statement shall also contain particulars, as at a specified date not more than seven days before the statement [F7(or the instalment of a statement given under section 2(4) containing them)F7] is given, of—

(a)the scale or rate of remuneration or the method of calculating remuneration,

(b)the intervals at which remuneration is paid (that is, weekly, monthly or other specified intervals),

[F8 (c)any terms and conditions relating to hours of work including any terms and conditions relating to—

(i)normal working hours,

(ii)the days of the week the worker is required to work, and

(iii)whether or not such hours or days may be variable, and if they may be how they vary or how that variation is to be determined.F8]

(d)any terms and conditions relating to any of the following—

(i)entitlement to holidays, including public holidays, and holiday pay (the particulars given being sufficient to enable the [F9worker’sF9] entitlement, including any entitlement to accrued holiday pay on the termination of employment, to be precisely calculated),

(ii)F10incapacity for work due to sickness or injury, including any provision for sick pay, ...

[F11 (iia)any other paid leave, andF11]

(iii)pensions and pension schemes,

[F12 (da)any other benefits provided by the employer that do not fall within another paragraph of this subsection,F12]

(e)the length of notice which the [F13workerF13] is obliged to give and entitled to receive to terminate his contract of employment[F14 or other worker’s contractF14] ,

(f)the title of the job which the [F15workerF15] is employed to do or a brief description of the work for which he is employed,

(g)where the employment is not intended to be permanent, the period for which it is expected to continue or, if it is for a fixed term, the date when it is to end,

[F16 (ga)any probationary period, including any conditions and its duration,F16]

(h)either the place of work or, where the [F17workerF17] is required or permitted to work at various places, an indication of that and of the address of the employer,

(j)F18any collective agreements which directly affect the terms and conditions of the employment including, where the employer is not a party, the persons by whom they were made, ...

(k)where the [F19workerF19] is required to work outside the United Kingdom for a period of more than one month—

(i)the period for which he is to work outside the United Kingdom,

(ii)the currency in which remuneration is to be paid while he is working outside the United Kingdom,

(iii)any additional remuneration payable to him, and any benefits to be provided to or in respect of him, by reason of his being required to work outside the United Kingdom, and

(iv)any terms and conditions relating to his return to the United Kingdom.

[F20 (l)any training entitlement provided by the employer,

(m)any part of that training entitlement which the employer requires the worker to complete, and

(n)any other training which the employer requires the worker to complete and which the employer will not bear the cost of.F20]

(5)Subsection (4)(d)(iii) does not apply to [F21a workerF21] of a body or authority if—

(a)the [F22worker’sF22] pension rights depend on the terms of a pension scheme established under any provision contained in or having effect under any Act, and

(b)any such provision requires the body or authority to give to a new [F23workerF23] information concerning the [F24worker’sF24] pension rights or the determination of questions affecting those rights.

[F25 (6) In this section “probationary period” means a temporary period specified in the contract of employment or other worker’s contract between a worker and an employer that—

(a)commences at the beginning of the employment, and

(b)is intended to enable the employer to assess the worker’s suitability for the employment.F25]

Definitions used in section 1 10

worker

(3) In this Act “worker” (except in the phrases “shop worker” and “betting worker”) means an individual who has entered into or works under (or, where the employment has ceased, worked under)—

(a)a contract of employment, or

(b)any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual;

Defined in s.230(3) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act
employment

(5) In this Act “employment”—

(a)in relation to an employee, means (except for the purposes of section 171) employment under a contract of employment, and

(b)in relation to a worker, means employment under his contract;

Defined in s.230(5) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act
employer

(4) In this Act “employer”, in relation to an employee or a worker, means the person by whom the employee or worker is (or, where the employment has ceased, was) employed.

Defined in s.230(4) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act
employee

(1) In this Act “employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.

Defined in s.230(1) · see it in the full Act
week

“week”—

(a)

in Chapter I of this Part means a week ending with Saturday, and

(b)

otherwise, except in sections 27C, 75F, 75H, 80A, 80B , 80EA , 80EF , 80J and 86 and paragraph 11 of Schedule A1 , means, in relation to an employee whose remuneration is calculated weekly by a week ending with a day other than Saturday, a week ending with that other day and, in relation to any other employee, a week ending with Saturday.

Defined in s.235(1) · see it in the full Act
contract of employment

(2) In this Act “contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing.

Defined in s.230(2) · see it in the full Act
worker’s contract

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act
job

“job”, in relation to an employee, means the nature of the work which he is employed to do in accordance with his contract and the capacity and place in which he is so employed,

Defined in s.235(1) · see it in the full Act
employed

and “employed” shall be construed accordingly.

Defined in s.230(5) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act
collective agreement

“collective agreement” has the meaning given by section 178(1) and (2) of the Trade Union and Labour Relations (Consolidation) Act 1992 ,

Defined in s.235(1) · see it in the full Act

Cases considering section 1 47

Walker v Co-Operative Insurance Society

[2003] EWCA Civ 632 · 11 April 2003Interprets

Applies the written-particulars requirement to holiday pay. The contractual documentation was adequate because the entitlement could be calculated from its remuneration provisions, even though the precise amount could not be predicted. Defines the relevant particulars required in the written statement, including remuneration and holiday entitlement. The court treated the contractual particulars as sufficient when they enabled calculation of holiday pay. Interprets the requirement for holiday-pay particulars as requiring sufficient information to enable entitlement to be calculated, rather than predicted. The contract met that standard despite uncertainty in the actual amount payable. (see para [47])

Mark Dowding v The Character Group Plc

[2025] EWHC 1755 (KB) · 11 July 2025

Confirms that the claimant’s earlier Employment Tribunal case raised issues concerning written employment particulars, including the alleged bonus terms. Those issues could not be recast for fresh determination in the High Court. (see Appendix Day 1 [5]-[13])

Philip Rush v Wilts & Dorset Bus Company Ltd

[2025] EAT 119 · 1 July 2025

The duty is to provide a written statement of particulars. Because a statement had been issued in 2014, a dispute about its contents did not establish a breach of that duty when the claims began (see paras [14]-[15]).

27 more judgments, and what each says about section 1, are in the case-law panel in the full Act.

Amendments and notes

24 notes from legislation.gov.uk

Amendments

  1. F2Words in s. 1(1) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 5(a)(i) (with reg. 15)
  2. F3Words in s. 1(1) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 5(a)(ii) (with reg. 15)
  3. F4S. 1(2) substituted (6.4.2020) by The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 (S.I. 2018/1378), regs. 1, 3(a) (with reg. 8)
  4. F5Word in s. 1(3)(a) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 5(b) (with reg. 15)
  5. F6Words in s. 1(3)(c) inserted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 5(c) (with reg. 15)
  6. F7Words in s. 1(4) substituted (6.4.2020) by The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 (S.I. 2018/1378), regs. 1, 3(b)(i) (with reg. 8)
  7. F8S. 1(4)(c) substituted (6.4.2020) by The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 (S.I. 2018/1378), regs. 1, 3(b)(ii) (with reg. 8)
  8. F9Word in s. 1(4)(d)(i) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 5(d) (with reg. 15)
  9. F10Word in s. 1(4)(d)(ii) omitted (6.4.2020) by virtue of The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 (S.I. 2018/1378), regs. 1, 3(b)(iii) (with reg. 8)
  10. F11S. 1(4)(d)(iia) inserted (6.4.2020) by The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 (S.I. 2018/1378), regs. 1, 3(b)(iii) (with reg. 8)
  11. F12S. 1(4)(da) inserted (6.4.2020) by The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 (S.I. 2018/1378), regs. 1, 3(b)(iv) (with reg. 8)
  12. F13Word in s. 1(4)(e) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 5(e) (with reg. 15)
  13. F14Words in s. 1(4)(e) inserted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 5(f) (with reg. 15)
  14. F15Word in s. 1(4)(f) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 5(e) (with reg. 15)
  15. F16S. 1(4)(ga) inserted (6.4.2020) by The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 (S.I. 2018/1378), regs. 1, 3(b)(v) (with reg. 8)
  16. F17Word in s. 1(4)(h) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 5(e) (with reg. 15)
  17. F18Word in s. 1(4)(j) omitted (6.4.2020) by virtue of The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 (S.I. 2018/1378), regs. 1, 3(b)(vi) (with reg. 8)
  18. F19Word in s. 1(4)(k) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 5(e) (with reg. 15)
  19. F20S. 1(4)(l)-(n) inserted (6.4.2020) by The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 (S.I. 2018/1378), regs. 1, 3(b)(vii) (with reg. 8)
  20. F21Words in s. 1(5) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 5(g) (with reg. 15)
  21. F22Word in s. 1(5)(a) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 5(h) (with reg. 15)
  22. F23Word in s. 1(5)(b) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 5(i) (with reg. 15)
  23. F24Word in s. 1(5)(b) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 5(h) (with reg. 15)
  24. F25S. 1(6) inserted (6.4.2020) by The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 (S.I. 2018/1378), regs. 1, 3(b)(viii) (with reg. 8)