4. The written statement of employment particulars
[page 32]Under sections 1 and 2 of the Employment Rights Act 1996 (ERA 96), workers have the right to a written statement of particulars of their employment from their employer. This chapter sets out the details that must be included in the statement, its legal status and what happens if the employer fails to provide it.
The statement is not a contract of employment but contains information that can form part of the contract and can be evidence of what terms have been agreed.
Amendments to the ERA 96 from April 2020 mean that the right applies now to all workers, not just employees, and that the statement must be given on the first day of employment. These amendments do not apply in Northern Ireland where the right still applies only to employees, and the statement must be provided in the first eight weeks of employment.