Statutory Written Statement What is it and How Does it Differ from an Employment Contract

What is a statutory written statement and how does it differ from an employment contract?

Linkilaw Employee Regulations

The written statement is a document that English law requires employers to submit to their employees from day one of their engagement. The statement contains essential information about the employer and employee as well as indications about the employment relationship.

In this article, we covered the similarities and differences between the written statement and employment contract.

What goes into the written statement?

The written statement does not have to be one document, but must contain a “principal statement” with the following information

  • the business’s name
  • the employee’s name, job title or a description of work and start date
  • if a previous job counts towards a period of continuous employment, the date the period started
  • how much and how often an employee will get paid
  • hours of work (and if employees will have to work Sundays, nights or overtime
  • holiday entitlement (and if that includes public holidays)
  • where an employee will be working and whether they might have to relocate
  • if an employee works in different places, where there will be and what the employer’s address is

Whether as part of the same document, or provided otherwise, the written statement must also contain the following:

  • how long a temporary job is expected to last
  • the end date of a fixed-term contract
  • notice periods
  • collective agreements
  • pensions
  • who to go to with a grievance
  • how to complain about how a grievance is handled
  • how to complain about a disciplinary or dismissal decision

As a result of its commitments set out in the Good Work Plan, from April 6 2020, the government will be extending the entitlement to a statement of “written particulars” to include workers as well as employees. Check our blog post about the changes that will affect written statements.

What is the connection between an employment contract and the written statement? 

The written statement is not a contract and does not legally represent any agreement between employer and employee. Strictly speaking, it is a unilateral statement by the employer of what they perceive the relationship to be.

In practice, the written statement contains agreed upon provisions that are often taken directly from the employment contract. As such, it is used as evidence for terms of the contract in disputes.

Written statements

Comments

comments