Contracts8 min read

What Must Be in a Written Statement of Employment Particulars

The written statement of employment particulars is a day-one legal requirement for every employee and worker. Here is exactly what UK law requires, what you can leave out, and how the rules apply to zero-hours and casual hospitality staff.

LM

Leon Mclean

Co-founder, Birchlow · Last reviewed July 2026

Every employer in the UK is legally required to provide a written statement of employment particulars to every employee and worker from the first day of their engagement. This is not a formality. It is a mandatory document under section 1 of the Employment Rights Act 1996, and failing to provide it, or providing one that is incomplete or incorrect, creates legal exposure that sits there quietly until a dispute arises.

In hospitality, where contracts are often issued informally, where zero-hours and casual arrangements are common, and where staff turnover means new starter paperwork is processed constantly, getting this right matters.

What must be included: the full list

Since April 2020, the written statement must contain the following information, all provided on or before the first day of work.

The names of the employer and the employee. These must match the legal names of both parties. For sole traders, this means the owner's name. For limited companies, the registered company name.

The start date. The date on which employment begins. If the employee is joining from a connected business or after a period of continuous service recognised for statutory purposes, the date on which continuous employment began must also be stated.

Pay: the rate and how often it is paid. The hourly rate or annual salary, confirmed alongside the pay frequency, whether weekly, fortnightly or monthly.

Working hours. The normal working hours, including any terms about overtime or weekend working. For zero-hours workers, this section must reflect that hours are variable and not guaranteed rather than stating a fixed number.

Holiday entitlement. The total annual holiday entitlement, including any entitlement to bank holidays, and the holiday year dates. The statutory minimum is 5.6 weeks per year (including bank holidays for most workers). Tipped workers in hospitality whose normal pay includes tips should have their holiday pay calculation reviewed to ensure it reflects average pay rather than basic pay alone.

Sick pay arrangements. What sick pay the employee is entitled to and for how long. From April 2026, SSP is payable from the first qualifying day of sickness with no waiting period. Any written statement must reflect this.

Notice periods. The notice period the employer must give and the notice period the employee must give. These must meet the statutory minimums at a minimum.

Job title or description. A job title is sufficient, though a brief description of the main duties is better practice, particularly for hospitality roles where the title "chef" or "front of house" may cover a wide range of responsibilities.

Place of work. Where the employee is expected to work. If the employee may be required to work at different locations, this should be stated. For a hospitality group with multiple sites, this is particularly important.

Whether the employment is permanent or fixed-term. Fixed-term contracts must state the end date or the condition that will bring the contract to an end, such as "until the end of the summer season" or "until [date]."

Any applicable probationary period. The length of the probation period and any shorter notice period that applies during it.

Pension arrangements. Confirmation of the pension scheme to which the employee will be enrolled, where applicable.

Any collective agreements. Whether any collective agreements made with a trade union affect the terms and conditions of employment.

Other paid leave. The entitlement to any other types of paid leave, including maternity, paternity, parental and bereavement leave. Following the April 2026 changes, these must reflect the current day-one entitlements where applicable.

Training entitlement. Any compulsory training that the employee is required to undertake, and whether any training is paid for by the employer.

Written statements for zero-hours and casual workers

The written statement requirement applies equally to zero-hours workers and casual staff. The content of the statement must reflect the actual nature of the arrangement.

For zero-hours workers, the statement must make clear that the employer does not guarantee any minimum hours, that the employer will offer work when it is available, and that the worker is under no obligation to accept any particular offer of work. It must also make clear that the worker is free to work for other employers, reflecting the January 2026 exclusivity ban.

For casual workers who are engaged through a series of individual assignments rather than under an overarching contract, the position is more nuanced. Each assignment may technically be a separate engagement. However, if the reality is that a worker is called regularly and works consistently, there is a risk that a tribunal will find an overarching contract of employment exists by implication. At that point, the absence of written terms becomes a problem. The safer approach is to issue written terms to any worker who works for you more than occasionally.

Bank staff held on a standing list and called as needed fall into the same category. See the dedicated guide on contracts for casual and bank staff.

What April 2026 changed

Three day-one rights changed from April 2026 in ways that directly affect what written statements must say.

Statutory sick pay. The three-day waiting period was abolished from April 2026. SSP is now payable from the first qualifying day of sickness. Any written statement that references a three-day waiting period, or that says the employee is not entitled to SSP in the first three days, now states the wrong position. Employees are entitled to SSP on the correct basis regardless of what the contract says, but the contract should be corrected to avoid confusion.

Paternity leave. Paternity leave became a day-one right from April 2026. Written statements that reference a service requirement for paternity leave should be updated.

Parental leave. The one-year qualifying period for parental leave was removed from April 2026. Written statements referencing this qualifying period should be updated.

If you issued standard employment contracts before April 2026 and have not reviewed them since, these three areas need attention. The statutory entitlement applies regardless of what the contract says, but an incorrect contract creates unnecessary uncertainty.

Common errors in hospitality written statements

Using a single template for all staff types. A written statement for a salaried head chef is not the same document as a written statement for a zero-hours waiting staff member. Using the same template creates internal inconsistencies and may state incorrect terms for one or both.

Omitting the holiday year dates. Stating that an employee has 28 days' holiday without stating when the holiday year runs is an incomplete statement. The holiday year matters because it determines when entitlement resets and when carry-over rules apply.

Getting the pay basis wrong. Hospitality workers who regularly receive tips may have a different basis for calculating holiday pay than their basic hourly rate alone. The written statement should be consistent with how holiday pay is actually calculated.

Issuing the contract after the first shift. Sending out paperwork a week after someone starts is a breach. The statement must be provided on or before the first day of work. In a busy kitchen or bar environment where someone starts at short notice, having a standard template ready to send immediately is the practical solution.

Not updating after the law changes. Employment law changes regularly. A written statement that was accurate in 2024 may not be accurate now. Review your standard templates at least annually.

From January 2027, the qualifying period for unfair dismissal claims drops from two years to six months. A new member of staff who starts today and does not receive a written statement will have full tribunal rights by January 2027, including the right to a tribunal award for the missing statement if they bring another successful claim.

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