Do I need to give employees a written contract?

They are different things.

• The contract is the legal agreement. It is formed when the job offer is accepted and includes terms agreed in writing, terms agreed verbally and terms implied by law, such as mutual trust and confidence.
• The written statement of employment particulars is a document the law requires you to give, summarising the main terms. It isn't the whole contract.

In practice, a well drafted written contract that contains all the required particulars also works as the written statement. That is usually the simplest approach, and it gives you a clear record of what was agreed if there's a dispute later.

Under section 1 of the Employment Rights Act 1996, you must give a written statement to anyone who starts work for you as an employee or a worker, however short the job. Employees who started before 6 April 2020 can ask for an updated statement, which you must give within a month. Workers who started before that date aren't covered.

The main document (the "principal statement") must be given on or before the first day. Some further details can follow within two months.

If any of the particulars change, you must confirm the change in writing within one month (Employment Rights Act 1996 s 4).

Self-employed contractors aren't entitled to a written statement, though a written contract with them is still sensible.

These rules apply in England, Wales and Scotland. In Northern Ireland, employees employed for more than a month must get a statement within two months of starting.

The principal statement must cover at least:

• your name and the employee's or worker's name, their job title or a description of the work, and their start date
• for employees, the date continuous employment began (including any earlier job that counts)
• pay, and how often it is paid
• hours and days of work, whether they can vary and how, and any Sunday, night or overtime work
• holiday entitlement, including whether it covers public holidays
• where they will work, or the places they will work and your address
• how long the job is expected to last, or the end date of a fixed-term contract
• any probationary period, its length and conditions
• any other benefits
• training they must complete, and whether you pay for it
• extra details if they will work outside the UK for more than a month

Sick pay, other paid leave such as maternity leave, and notice periods must also be given on day one, but can be in a separate document they can easily access, such as a staff intranet.

Within two months of the start date, you must also give details of:

• pensions and pension schemes
• any collective agreements affecting their terms
• any other non-compulsory training you provide
• disciplinary and grievance procedures

From January 2027, the Employment Rights Act 2025 is expected to require employers to give workers a statement that they can join a trade union, alongside the written statement of particulars.

An employee or worker can raise a grievance and, as a last resort, ask an employment tribunal to decide what the particulars should have been.

If they win another claim against you, such as one for unlawful deductions from wages, the tribunal can also award compensation of up to four weeks' pay for a missing or incomplete statement, subject to a cap on weekly pay.